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011°1/41 <br /> ORDINANCE NO. 2449-00 <br /> AN ORDINANCE Relating to Telephone Harassment,Amending Section 32 <br /> of Ordinance No. 1145-85 (EMC 10.18.010). <br /> WHEREAS, the Washington State Supreme Court recently held that the prohibition on <br /> profane speech in a city's telephone harassment ordinance was unconstitutionally <br /> overbroad; and <br /> WHEREAS,the City of Everett's telephone harassment ordinance similarly prohibits <br /> profane language; and <br /> NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: <br /> Section 1: Section 32 of Ordinance No. 1145-85 (EMC 10.18.010),which reads as <br /> follows: <br /> Telephone Harassment. <br /> Every person who, with intent to harass, intimidate, torment or embarrass any other <br /> person, shall make a telephone call to such other person: <br /> A. Using any lewd, lascivious, profane, indecent, or obscene words or language, or <br /> suggesting the commission of any lewd or lascivious act; or <br /> B. Anonymously or repeatedly or at an extremely inconvenient hour,whether or not <br /> conversation ensues; or <br /> C. Threatening to inflict injury on the person or property of the person called or any <br /> member of his family; shall be guilty of a misdemeanor. <br /> is hereby amended to read as follows: <br /> Telephone Harassment. <br /> Every person who,with intent to harass, intimidate,torment or embarrass any other <br /> person, shall make a telephone call to such other person: <br />