Chapter 6.35
PERSONS

Sections:

6.35.010    Assault and other crimes involving physical harm.

6.35.020    Menacing.

6.35.030    Aggressive begging.

6.35.040    Harassment.

6.35.050    Custodial interference.

6.35.060    Violation of civil anti-harassment orders.

6.35.070    Crimes occurring between family or household members – Domestic violence.

6.35.080    Reports – Duty and authority to make.

6.35.090    Violation of no contact and protection orders.

6.35.010 Assault and other crimes involving physical harm.

The following state statutes are adopted by reference:

RCW

9.61.230    Telephone calls to harass, intimidate, torment or embarrass.

9.61.240    Telephone harassment – Permitting telephone to be used.

9.61.250    Telephone harassment – Offenses, where deemed committed.

9.61.260    Cyberstalking.

9A.36.041    Assault in the fourth degree.

9A.36.050    Reckless endangerment.

9A.36.070    Coercion.

9A.36.160    Failing to summon assistance.

9A.36.161    Failing to summon assistance – Penalty.

(Ord. No. 10-648, § 1, 3-2-10; Res. No. 09-539, § 1, 1-6-09; Ord. No. 05-508, § 2, 11-1-05; Ord. No. 94-215, § 1, 7-5-94; Ord. No. 91-89, § 1(9.26.010), 3-5-91. Code 2001 § 6-186.)

6.35.020 Menacing.

A person is guilty of menacing when he or she knowingly causes or attempts to cause another person to believe that he or she or any member of his or her family will be the victim of serious physical injury or death. Menacing is a gross misdemeanor.

(Ord. No. 91-89, § 1(9.26.020), 3-5-91. Code 2001 § 6-187.)

6.35.030 Aggressive begging.

(1) The following definitions apply to this section:

(a) “Aggressively beg” means:

(i) Begging with the intent to intimidate another person into giving money or goods;

(ii) Begging in a manner that creates a threat to the safety of any person or property;

(iii) Begging in a manner that exploits children;

(iv) Begging by providing or attempting to provide services or products of negligible value that were not requested or agreed to, while demanding or coercing payment in return;

(v) Begging within 15 feet of an automated teller machine (ATM); or

(vi) Begging on private property or residential property, if the owner, tenant, or lawful occupant has asked the person not to beg on the property or a sign has been posted indicating that begging is not allowed on the property.

(b) “Begging” means asking for money or goods as a charity, whether by words, bodily gestures, signs, or other means.

(c) “Exploits children” means begging while associating with children when the funds will not benefit the children or where the children are not cooperating voluntarily.

(d) “Impede pedestrian or vehicular traffic” means to walk, stand, sit, lie, or place an object in such a manner as to block passage by another person or a vehicle, or to require a pedestrian or vehicle operator to take evasive action to avoid contact. Examples include, but are not limited to, preventing the flow of vehicular traffic on a roadway and preventing the flow of pedestrian traffic on a sidewalk or at a public transportation stop.

(e) “Intimidate” means to engage in words or conduct which would likely cause a reasonable person to fear bodily harm, fear damage to or loss of property, or otherwise be coerced into giving money or other thing of value. Evidence of intimidation shall include, but not be limited to:

(i) Persisting in soliciting and closely following or approaching a person after the person has made a negative response to the begging;

(ii) Using violent or threatening gestures toward a person;

(iii) Using profane, offensive, or abusive language which is inherently likely to provoke an immediate violent reaction; and

(iv) Intentionally touching or causing physical contact with another person without that person’s consent.

(f) “Public place” means any place that is in common use by, or expressly or impliedly open to, the public, whether owned or operated by public or private interests, and includes but is not limited to any street, right-of-way, parking area, sidewalk, plaza, playground, school ground, park, cemetery, lake, stream, public conveyance, or business establishment open to the public.

(2) A person is guilty of aggressive begging if, in a public place, he or she intentionally:

(a) Aggressively begs; or

(b) Impedes pedestrian or vehicular traffic.

(3) It is an affirmative defense to prosecution under this section that the person was:

(a) Requesting assistance in an immediate, emergent, and unexpected emergency situation;

(b) Requesting, arranging, or providing a lawful tow of, or emergency repairs to, a vehicle;

(c) Otherwise authorized by a city permit; or

(d) A law enforcement officer in the performance of official duties.

(4) A person violating this section is guilty of a misdemeanor.

(Ord. No. 11-697, § 1, 8-2-11; Ord. No. 08-576, § 1, 2-19-08; Ord. No. 05-509, § 1, 11-1-05; Ord. No. 94-214, § 1, 7-5-94; Ord. No. 91-89, § 1(9.26.030), 3-5-91. Code 2001 § 6-188.)

6.35.040 Harassment.

The following state statutes are adopted by reference:

RCW

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.46.100    “Convicted,” time when.

9A.46.110    Stalking.

(Res. No. 09-539, § 1, 1-6-09; Ord. No. 03-445, § 1, 7-1-03; Ord. No. 91-89, § 1(9.26.040), 3-5-91. Code 2001 § 6-189.)

6.35.050 Custodial interference.

The following state statutes are hereby adopted by reference:

RCW

9A.40.010    Definitions.

9A.40.070    Custodial interference in the second degree.

9A.40.080    Custodial interference – Assessment of costs – Defense – Consent defenses, restricted.

(Res. No. 09-539, § 1, 1-6-09; Ord. No. 00-374, § 5, 9-19-00; Ord. No. 91-89, § 1(9.26.080.050), 3-5-91. Code 2001 § 6-190.)

6.35.060 Violation of civil anti-harassment orders.

It is a gross misdemeanor to wilfully disobey a temporary or permanent anti-harassment order issued pursuant to Chapter 10.14 RCW.

(Ord. No. 91-89, § 1(9.26.080.060), 3-5-91. Code 2001 § 6-191.)

6.35.070 Crimes occurring between family or household members – Domestic violence.

(1) Domestic violence anti-merger clause. Every person who, in the commission of a crime of domestic violence, shall commit any other crime, may be punished therefor as well as for the crime of domestic violence, and may be prosecuted for each crime separately.

(2) Strangulation.

(a) A person is guilty of strangulation if, under circumstances not amounting to a felony, he or she assaults another by means of strangulation.

(b) “Strangulation” shall mean intentionally impeding normal breathing or circulation of the blood by applying pressure on the throat or neck or by obstructing the nose or mouth of another person.

(c) Strangulation is a gross misdemeanor. Any person convicted of this crime shall be punished by imprisonment for not less than 30 days.

(3) Exposing children to domestic violence.

(a) A person commits the crime of exposing children to domestic violence when he or she:

(i) Commits a crime of domestic violence, as defined in RCW 10.99.020; and

(ii) The crime is committed in the immediate presence of, or is witnessed by, the person’s or the victim’s minor child, stepchild, or a minor child residing within the household of the person or victim.

(b) For the purposes of this section, “witnessed” shall mean if the crime is seen or directly perceived in any other manner by the child.

(c) Exposing children to domestic violence is a gross misdemeanor. Any person convicted of this crime shall be punished by imprisonment of not less than 30 days. If the person is sentenced to less than the maximum statutory sentence, the court shall place the defendant on probation and the court shall impose conditions of probation that include attendance at a certified domestic violence perpetrator treatment program as well as a treatment program that addresses the effects of domestic violence on children.

(4) The following state statutes are adopted by reference:

RCW

9A.36.150    Interfering with the reporting of domestic violence.

Ch. 10.99    Domestic violence – Official response.

26.09.300    Restraining orders – Notice – Refusal to comply – Arrest – Penalty – Defense – Peace officers, immunity.

26.10.220    Restraining orders – Notice – Refusal to comply – Arrest – Penalty – Defense – Peace officers, immunity.

26.26.138    Restraining order – Knowing violation – Penalty – Law enforcement immunity.

26.44.063    Temporary restraining order or preliminary injunction – Enforcement – Notice of modification or termination of restraining order.

26.44.067    Temporary restraining order or preliminary injunction – Contents – Notice – Noncompliance – Defense – Penalty.

Ch. 26.50    Domestic violence prevention.

(Res. No. 09-539, § 1, 1-6-09; Ord. No. 06-526, § 1, 6-20-06; Ord. No. 97-299, § 1, 9-2-97; Ord. No. 97-297, § 1, 7-15-97. Code 2001 § 6-192.)

6.35.080 Reports – Duty and authority to make.

The following state statutes are adopted by reference:

RCW

26.44.030    Duty and authority to make – Duty of receiving agency – Duty to notify – Case planning and consultation – Penalty for unauthorized exchange of information – Filing dependency petitions – Interviews of children – Records – Risk assessment process – Reports to legislature.

26.44.040    Reports – Oral, written – Contents.

26.44.080    Violation – Penalty.

(Res. No. 09-539, § 1, 1-6-09; Ord. No. 01-395, § 1, 6-19-01. Code 2001 § 6-193.)

6.35.090 Violation of no contact and protection orders.

It is a gross misdemeanor to wilfully disobey a temporary or permanent no contact or protection order issued pursuant to Chapter 10.99 or 26.50 RCW.

(Ord. No. 09-601, § 20, 1-6-09. Code 2001 § 6-194.)