Ordinance 1360-87 - Laserfiche WebLink

. 1 1 ORDINANCE NO. /360 `'g7 2 AN ORDINANCE relating to Assault, adding a new section to 3 Article 5 of Ordinance No. 1145-85 (Everett Criminal Code) , and repealing Section 31 of Ordinance No. 1145-85 (Simple 4 Assault) . 5 WHEREAS, the wording and title of the Washington State law concerning 6 Simple Assault will change, effective July 1 , 1987; and 7 WHEREAS, the law concerning Assault in the City of Everett should be 8 identical to the State law, to avoid any potential legal challenge; 9 NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: 10 Section 1 : A new section shall be added to Article 5 of Ordinance 11 No. 1145-85, as follows: 12 13 Assault 14 1 . A person is guilty of Assault if, under circumstances not amounting to assault in the first, second, or third degree, 15 or custodial assault, as those offenses are defined in Chapter 9A.36 RCW, he or she assaults another. 16 2. Assault is a gross misdemeanor. 17 18 Section 2: Repealer. 19 Section 31 of Ordinance No. 1145-85, which reads as follows: 20 Simple Assault 21 1 . Every person who shall commit an assault or an assault and 22 battery not amounting to assault in the first, second or third degree, as those offenses are defined in Chapter 23 9A.36 RCW, shall be guilty of the offense of Simple Assault. 24 2. Simple Assault is a gross misdemeanor. 25 is hereby repealed. 26 Section 3: Effective date. 27 The provisions of this ordinance shall take effect on July 1 , 1987. 28 Section 4: The provisions of this ordinance do not apply to or govern 29 the construction of or punishment for any offense committed prior to the 30 effective date of this ordinance, or to the construction and application of 31 any defense to a prosecution for such an offense. Such an offense must be 32