Ordinance 2872-05 - Laserfiche WebLink

i � Y Ordinance No. 2872-05 An Ordinance relating to Failing to Summon Assistance, Amending Ordinance No. 1145-85 (Title 10 of the Everett Municipal Code). Whereas, in 2005 the State Legislature created the misdemeanor crime of Failing to Summon Assistance; and Whereas, the City of Everett City Council deems it appropriate that the charge be filed in Everett Municipal Court and prosecuted by City prosecutors if this crime occurs in the City of Everett; NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: Section 1: Chapter 10.16 of the Everett Municipal Code is amended by the addition of the following section: Failing to Summon Assistance. A. A person is guilty of the crime of failing to summon assistance if - 1 . i1. He or she was present when a crime was committed against another person; and 2. He or she knows that the other person has suffered substantial bodily harm as a result of the crime committed against the other person and that the other person is in need of assistance; and 3. He or she could reasonably summon assistance for the person in need without danger to himself or herself and without interference with an important duty owed to a third party; and 4. He or she fails to summon assistance for the person in need; and 5. Another person is not summoning or has not summoned assistance for the person in need of such assistance. B. Failing to Summon Assistance is a misdemeanor. Section 2: Section 1 of this Ordinance shall be codified as a new section in Chapter 10.16 of the Everett Municipal Code. Section 3: Savings. The enactment of this ordinance shall not affect any case, proceeding, appeal or other matter currently pending in any court or before the City or in any way modify any obligation, right or liability, civil or criminal, which may exist by virtue of any of the ordinances herein amended.