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Home My WebLink AboutOrdinance No. 1016Ordinance No. 1016 AN ORDINANCE OF THE CITY OF MEDINA, WASHINGTON, AMENDING MEDINA MUNICIPAL CODE SECTION 9.04.040, "GENERAL PROVISIONS', TO HARMONIZE THE CHAPTER WITH RECENT CHANGES TO STATE LAW; PROVIDING FOR SEVERABILITY; DECLARING AN EMERGENCY; AND ESTABLISHING AN IMMEDIATE EFFECTIVE DATE. WHEREAS, in 2021, the Washington State Legislature enacted Engrossed Second Substitute House Bill 1320 (E2SHB 1320) with the purpose of modernizing, harmonizing, and improving the efl•Icacy of the state's laws concerning civil protection orders; and WHEREAS, E2SHB 1320 established a new chapter of the Revised Code of Washington (RCW) to govern all types of protection orders, including domestic violence protection orders (DVPOs), sexual assault protection orders (SAPOs), stalking protection orders (Stalking POs), anti -harassment protection orders (AHPOs), vulnerable adult protection orders (VAPOs), and extreme risk protection orders (ERPOs); and WHEREAS, Section 9.04.040 of the Medina Municipal Code (MMC), "General Provisions" adopts by reference former sections of the RCW that criminalized violations of various types of protection orders and penalized such violations as gross misdemeanors; and WHEREAS, these references have changed with enactment of E2SHB 1320, effective July 1, 2022, and are no longer consistent with state law; and WHEREAS, in order for the City to effectively enforce the state's protection order violation laws, the City Council must amend MMC Section 9.04.040 to adopt the recodified laws by reference; and WHEREAS, the City Council desires to amend MMC Section 9.04.040 to harmonize with changes to state law effectuated by enactment of E2SHB 1320; and WHEREAS, the City Council finds that the seriousness of order violations merits affirmatively adopting the criminal provisions of Chapter 7.105 RCW to ensure violators may be promptly and effectively prosecuted in the Medina Municipal Court, and WHEREAS, the City Council finds that a legal question of whether these provisions of Chapter 7.105 RCW have been adopted by the City of Medina can lead to delayed justice and potential danger to victims of domestic violence, stalking, harassment, and sexual assault, and elder abuse and constitutes a public emergency requiring that these amendments become effectively immediately upon adoption. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. Findings. The foregoing recitals are hereby adopted as Findings of Fact in support of this Ordinance. Ordinance No. 1016 Page 1 of 7 Section 2. Amendment to MIVIC Section 9.04.040. IMMC Section 9,04,040 is hereby amended to read as follows: 9.04.030. Statutes adopted by reference. The following statutes as set forth in the Revised Code of Washington are adopted by reference as and for a portion of the criminal code of the city as if set forth in full in this title. Also adopted by reference are all subsequent modifications to the sections or chapters of the Revised Code of Washington set forth in this chapter as the same may be changed, amended or added to: - --- ----- - --- NMI I Immuni iding officer Failure to act Me INNIIIIIIN M-1 KKIII I I ....... . .. Sending criminal letter L-T#Mi BE Abandoning, discardinglefr4eration equipment MEMO Permitting unused eguipment to remain on p remises Violation of RCW 9.03.010 or 9,03.020 False advertising 0-TV011#11ol W-1 I M-IS EM I rims RM Purpos rinciples of construction V M-Il State crimiiction M M-Te 11#12111 Classes of crimes E People capable of committing crimes ............. . .... . ............... ...... . . I MT-1 111#1#111 Common law to supplement statutes V M-s In Ue W M-21,11 W.-I Limitation of actions Application of _general provisions of code WIM still] Proof beyond reasonable doubt Definitions Diseased animals False representation animals Definitions MTV Mi Li General requirements of culpability awlegLI Liability for conduct of another—Compliaty - 'a Ili Criminal liability of corporations and persons action on under a duty to act in their behalf Counterfeiting trademarks, brand, etc, rik M.- Displaying goods with false trademarks - ----- 9.1&050 When deemed affixed Fraudulent registration of trademark Form and similitude defined Marked, stamped or branded defined 6 A-71 —6.0 10 9A.i1&020 Use of force�hen lawful H micide—When excusable Ordinance No. 1016 9A.16.070 Entrapment 9A.16.080 Action for being detained on mercantile establishment premises for investigation "reasonable rounds" as defense 9A.16.090 Intoxication 9A.16.100 Use of force on children—Polic —Actions presumed unreasonable 9A.16.110 Defense of person or property against heinous crime — Indemnification or reimbursement by state for expenses of defendant 9.18.120 Suppression of competitive bidding 9.18.130 Collusion to prevent competitive bidding 9.18.140 Penalty 9A.20.010 Classification and designation of crimes 9A.20.020 Authorized sentences of offenders 9A.20.021 Maximum sentences for crimes committed July 1, 1984, and after 9A.20.030 Alternatives to a fine —Restitution 9.26A.090 Telephone credit cards —Prohibited acts 9.26A.100 Definitions 9.26A.110 Fraud in obtaining telecommunications service —Penalty 9.26A.120 Fraud in operating coin -box telephone or other receptacle 9.26A.130 Penalty for manufacture or sale of slugs to be used for coin 9.27.015 Obstructing court, building or residence 9A.28.020 Criminal attempt 9A.28.030 Criminal solicitation 9A.28.040 Criminal conspiracy 9A.36.041 Assault in fourth degree 9A.36.050 Reckless endangerment 9A.36.070 Coercion 9.38.010 False representation concerning credit 9.38.020 False representation concerning title 9.40.040 Spark emitting engines 9.40.100 Injuring or tampering with fire alarm apparatus or equipment —False alarm —Penalty 9.41.010 Terms defined 9.41.030 Being armed prima facie evidence of intent 9.41.040 Certain persons forbidden to possess arms 9.41.045 Possession by offender 9.41.050 Carrying istol 9.41.060 Exceptions 9.41.070 Issue of license to carry 9.41.080 Delivery to minors and others forbidden 9.41.090 Sales regulations 9.41.093 Exemptions 9.41.095 Denial of application 9.41.098 Forfeiture of firearm, order by courts —Disposition —Confiscation by law enforcement officer 9.41.100 Dealers to be licensed 9.41.110 Dealer's licenses, by whom granted and conditions thereof 9.41.120 Certain transfers forbidden 9.41.130 False information forbidden 9.41.140 Alteration of identifying marks prohibited 9.41.150 Exemptions 9.41.160 Penalty Ordinance No. 1016 Page 3 of 7 9.41.170 Alien's license to carry firearms 9.41.180 Setting spring gun 9.41.190 Machine guns prohibited 9.41.200 Machine guns —Defined 9.41.220 Machine guns and parts contraband 9.41.230 Aiming and discharging firearms 9.41.240 Use of firearms by minor 9.41.250 Dangerous we22ons—Evidence 9.41.260 Dangerous exhibitions 9.41.270 Weapons apparently capable of producing bodily harm, carrying, exhibiting, displaying or drawing unlawful —Penalty —Exceptions 9.41.280 Carrying dangerous weapons on school facilities —Penalty — Exceptions 9.41.300 Weapons prohibited in certain places —Local laws and ordinances — Exceptions —Penalty 9.44.080 Misconduct in signing a petition 9A.44.096 Sexual misconduct with a minor in the second degree 9.45.060 Encumbered, leased or rented personal property 9.45.062 Failure to deliver leased personal property 9.45.070 Mock auctions 9.45.080 Fraudulent removal of property 9.45.090 Knowingly receiving fraudulent conveyance 9.45.100 Fraud of creditors 9A.46.01 0 Legislative finding 9A.46.020 Definition —Penalties 9A.46.030 Place where committed 9A.46.040 Court -ordered requirements upon person charged with crime — Violation 9A.46.050 Arraignment —No -contact order 9A.46.060 Crimes included in harassment 9A.46.070 Enforcement of orders restricting contact 9A.46.080 Order restricting contact —Violation 9A.46.090 Nonliability of peace officer 9A.46.1 00 "Convicted," time when 9A.46.1 10 Stalking 9.47A.010 Glue sniffing —Definitions 9.47A.020 Unlawful inhalation 9.47A.030 Possession of certain substance prohibited —When 9.47A.040 Sale of certain substances prohibited 9.47A.050 Penalty 9A.48.090 Malicious mischief in the third degree 9A.48.1 00 Malicious mischief--Thysical damage" defined 9A.52.01 0 Definitions —Burglary and trespass 9A.52.070 Criminal trespass in the first degree 9A.52.080 Criminal trespass in the second degree 9A.52.090 Criminal trespass —Defenses 9A.52.1 00 Vehicle prowling in the second degree 9A.52.120 Computer trespass in the second degree 9A.56.010 Definitions —Theft and robbery 9A.56.020 Theft —Definition defense 9A.56.050 Theft in third degree Ordinance No. 1016 Page 4 of 7 9A.56.060 Unlawful issuance of checks or drafts 9A.56.1 00 Theft and larceny equated 9A.56.140 Possessing stolen property —Definitions —Credit cards, presumption 9A.56.170 Possessing stolen property in the third degree 9A.56.180 Obscuring identity of machine 9A.56.220 Theft of cable television services 9A.56.230 Unlawful sale of cable television services 9A.56.240 Forfeiture and disposal of device used to commit violation 9A.56.260 Connection of channel converter 9A.60.010 Definitions —Fraud 9A.60.040 Criminal impersonation 9A.60.050 False certification 9.61.140 Endangering life and property by explosives —Penalty 9.61.230 Telephone calls to harass, intimidate, torment or embarrass 9.61.240 Permitting telephone to be used 9.61.250 Offense, where deemed committed 9A.61.01 0 Definitions 9A.61.020 Defrauding a public utility 9A.61.050 Defrauding a public utility in the third degree 9A.61.060 Restitution and costs 9.62.010 Malicious prosecution 9.62.020 Instituting suit in name of another 9.66.010 Public nuisance 9.66.020 Unequal damage 9.66.030 Maintaining or permitting nuisance 9.66.040 Abatement of nuisance 9.66.050 Deposit of unwholesome substance 9.68.015 Exemptions 9.68.030 Indecent articles, etc. 9.68.050 Erotic material —Definitions 9.68.060 Determination by court —Labeling —Penalties 9.68.070 Prosecution for violation of RCW 9.68.060—Defense 9.68.080 Unlawful acts 9.68.100 Exception to provisions of RCW 9.68.050 through 9.68.120 9.68A.090 Communication with a minor for immoral purposes 9.68A.1 10 Certain defenses barred, permitted 9.69.100 Duty of witness of offense against child or any violent offense — Penalty 9A.72.01 0 Definitions —Perjury and interfering with official proceedings 9A.72.040 False swearing 9A.72.050 Perjury and false swearing —inconsistent statements 9A.72.060 Perjury and false swearing —Retraction 9A.72.070 Perjury and false swearing —Irregularities —No defense 9A.72.080 Statement of what one does not know to be true 9A.72.140 Jury tampering 9A.72.150 Tampering with physical evidence 9.73.020 Opening sealed letter 9A.76.010 Definitions —Obstructing governmental operation 9A.76.020 Obstructing a public servant 9A.76.030 Refusing to summon aid fora peace officer 9A.76.040 Resisting arrest Ordinance No. 1016 Page 5 of 7 Rendering criminal assistance —Definition of term Relative defined 070 LRendering crimi al assistance in the first degree WILMIS degree ------------------- Corn ounding _E�n the third degree WTV M.1111 M- 11M N ON M## to] 1 Official misconduct EMM. SUN- _06blic dsturbance—Riot Failure todis� 9k84�030 Disorderl"onduct ....... ...... .... . W&U. False re ortin Flags, etc. defined - - - - ---- Rom= proper use of flag prohibite d NUORRIA D es e c ra fi o n_2!r EIR MWIsm Application of provisions ME Me IN indecent exposure Prostitution Prostitution —No defense Promoting I prost'tution—Definitions ------------- I Wo Permitting prostitution WN.T.-IIII P tronizin2 a 2Lostitute a Unlawful bus conduct REM Leaving children unattende�rked vehicle WJM4#XA1 IIIIN IM, WMITIM. Iffiff IMINIIIIIII WJMZ#ZIA SWIM I SO MIRIMMIll IM HIM 11".1111=111117, Punishment for contempt Political advertising� removing_q �efac�jnq Section 3. Corrections. The City Clerk and codifiers of this Ordinance are authorized to make necessary corrections to this Ordinance, including but not limited to the correction of scrivener and clerical errors, references, ordinance numbering, section/subsection numbering and any references thereto. Section 3. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is declared unconstitutional or invalid for any reason, such invalidity shall not affect the validity or effectiveness of the remaining portions of this Ordinance. Section 4. Declaration of Emergency; Effective Date. This Ordinance, as a public emergency ordinance necessary for the protection of the public health, safety, and welfare, shall take effect and be in full force immediately upon its adoption. A non -exhaustive list of facts supporting this emergency declaration are included in the recitals above, which are adopted by reference as findings of fact as if fully set forth herein. This ordinance or a summary thereof consisting of the title shall be published in the official newspaper of the City of Medina. Ordinance No. 1016 Page 6 of 7 APPROVED BY THE CITY COUNCIL OF THE CITY OF MEDINAON THE 14TH DAY OF NOVEMBER, 2022 AND SIGNED IN AUTHENTICATION OF ITS PASSAGE THE 14TH DAB' OF _NOVEMBER, 2022. essioa Rossman, Mayor Approved as to forma Attest. Ogden Murphy Wallace, RLLC Scott Missall, City Attorney Aimee Kellerman, City Clerk PUBLISHED: Ii I I -11 z z ;7� EFFECTIVE DATE: i 1124 1 ZA,2-2- ORDINANCE NO.: t I Ordinance No. 1016 Page 7 of