Ordinance 3654-19 - Laserfiche WebLink

ORDINANCE No. 3654-19 07Err AN ORDINANCE amending the City's Criminal Code (Title 10 EMC) adopting State Law by reference for Certain Crimes, amending Ordinances 1145-85, 1360-87, 1521- 88, 1567-89, 1825-91, 1974-93 and 2919-06, as amended Whereas,the Washington State Patrol has changed its practice in testing municipal court-ordered deoxyribonucleic acid(DNA) samples collected as a result of convictions in Everett Municipal Court,which necessitates adoption by reference of the State Laws on Harassment,Assault in the Fourth Degree, Stalking,Violation of a Sexual Assault Protection Order, Patronizing a Prostitute, Failure to Register as a Sex/Kidnapping Offender, and Communication with a Minor for Immoral Purposes; and Whereas,the City has the power to provide for the punishment of all practices dangerous to public health or safety, and to make necessary for the preservation of public health,peace and good order and to provide for the punishment of all persons charged with violating any city ordinances; and • Whereas,the City Council deems it appropriate for these State Laws to be adopted by reference in light of the changes in Washington State Patrol's DNA testing practices; NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: Section 1. Sections 1 (part) and 2 of Ordinance 1521-88, as amended by Section 1 of Ordinance 2235-97, as amended by Section 2 of Ordinance 2413-99, as amended by Section 1 of Ordinance 3235-11 (EMC 10.23.010), which reads as follows: Prohibited-Penalty. A. A person is guilty of harassment if: 1. Without lawful authority,the person knowingly threatens: a. To cause bodily injury immediately or in the future to the person threatened or to any other person; or b. To cause physical damage to the property of a person other than the actor; or c. To subject the person threatened or any other person to physical confinement or restraint; or d. Maliciously to do any other act which is intended to substantially harm the person threatened or another with respect to his or her physical or mental health or safety; and 2. The person by words or conduct places the person threatened in reasonable fear that the threat will be carried out. "Words or conduct"includes, in addition to any other form of communication or conduct,the sending of an electronic communication. B. A person who harasses another is guilty of a gross misdemeanor, except that the person is guilty of a class C felony if any of the circumstances set forth in RCW 9A.46.020(2) apply. C. The penalties provided in this section for harassment do not preclude the victim from seeking any other remedy otherwise available under law.