Chapter 9.12
OFFENSES AGAINST THE PERSON

Sections:

9.12.010    Refrigeration equipment in dangerous condition – Discarding or abandoning.

9.12.020    Refrigeration equipment in dangerous condition – Allowing to remain on premises.

9.12.030    Refrigeration equipment in dangerous condition – Storage for sale.

9.12.040    Assault – Domestic violence.

9.12.045    Simple assault.

9.12.050    Coercion.

9.12.060    Provoking assault.

9.12.070    Reckless endangerment.

9.12.080    Fair housing practices – Prohibitions.

9.12.090    Fair housing practices – Violations.

9.12.100    Telephonic harassment.

9.12.110    Enabling harassment.

9.12.120    Telephone harassment – Place of commission.

9.12.130    Criminal violations of restraining orders – Statutes adopted.

9.12.140    Domestic violence assessment.

9.12.010 Refrigeration equipment in dangerous condition – Discarding or abandoning.

Any person who discards or abandons or leaves in any place accessible to children any refrigerator, icebox or deep-freeze locker having a capacity of one and one-half cubic feet or more, which is no longer in use, and which has not had the door removed or a portion of the latch mechanism removed to prevent latching or locking the door, is guilty of a misdemeanor. (Ord. 1558 § 1, 1980; prior code § 6.02.010)

9.12.020 Refrigeration equipment in dangerous condition – Allowing to remain on premises.

Any owner, lessee or manager who knowingly permits such an unused refrigerator, icebox or deep-freeze locker to remain on the premises under his control without having the door removed or a portion of the latch mechanism removed to prevent latching or locking of the door is guilty of a misdemeanor. (Ord. 1558 § 1, 1980; prior code § 6.02.020)

9.12.030 Refrigeration equipment in dangerous condition – Storage for sale.

Any person who keeps or stores refrigerators, iceboxes or deep-freeze lockers for the purpose of selling or offering them for sale is not guilty of a violation of this chapter if he takes reasonable precautions to effectively secure the door of any refrigerator, icebox or deep-freeze locker held for the purpose of sale so as to prevent the entrance of children small enough to fit into such articles. (Ord. 1558 § 1, 1980; prior code § 6.02.030)

9.12.040 Assault – Domestic violence.

A. A person is guilty of assault, with a domestic violence enhancement, if he:

1. Intentionally causes bodily harm by unlawful touching, striking, beating or wounding of another person; or

2. Attempts by force or violence to cause bodily harm to another person; or

3. Intentionally places or attempts to place another person in fear or apprehension of bodily harm by an act, word or threat; and

4. The victim is a family or household member as defined by RCW 10.99.020.

B. Any person guilty of assault – domestic violence is guilty of a gross misdemeanor. (Ord. 2814 § 2 (Exh. A), 2012; Ord. 1558 § 1, 1980; prior code § 6.02.040)

9.12.045 Simple assault.

A. A person is guilty of assault if he:

1. Intentionally causes bodily harm by unlawful touching, striking, beating or wounding of another person; or

2. Attempts by force or violence to cause bodily harm to another person; or

3. Intentionally places or attempts to place another person in fear or apprehension of bodily harm by an act, word or threat.

B. Any person guilty of simple assault is guilty of a gross misdemeanor. (Ord. 2814 § 2 (Exh. A), 2012)

9.12.050 Coercion.

A person is guilty of coercion if, by use of force or threat communicated directly or indirectly, he compels or induces another person to engage in conduct which the latter has a legal right to abstain from, or to abstain from conduct which he has a legal right to engage in. (Ord. 1558 § 1, 1980; prior code § 6.02.050)

9.12.060 Provoking assault.

Every person who, by word, sign or gesture, willfully attempts, or succeeds, in provoking another person to commit an assault or breach of the peace is guilty of a misdemeanor. (Ord. 2846 § 2 (Exh. A), 2014; Ord. 1558 § 1, 1980; prior code § 6.02-.060)

9.12.070 Reckless endangerment.

A. A person is guilty of reckless endangerment when he recklessly engages in conduct which creates a substantial risk of death or serious physical injury to another person.

B. Reckless endangerment is a Class A misdemeanor. (Ord. 1558 § 1, 1980; prior code § 6.02.070)

9.12.080 Fair housing practices – Prohibitions.*

It is unlawful for any person, whether acting for himself or another, because of sex, marital status, race, creed, color or national origin:

A. To refuse to engage in a real estate transaction with a person;

B. To discriminate against a person in the terms, conditions or privileges of a real estate transaction or in the furnishing of facilities or services in connection therewith;

C. To refuse to negotiate for a real estate transaction with a person;

D. To refuse to receive or to fail to transmit a bona fide offer to engage in a real estate transaction from a person;

E. To represent to a person that real property is not available for inspection, sale, rental or lease when in fact it is so available, or to fail to bring a property listing to his attention, or to refuse to permit him to inspect real property;

F. To print, circulate, post or mail or cause to be so published a statement, advertisement of sign, or to use a form of application for a real estate transaction, or to make a record or inquiry in connection with a prospective real estate transaction, which indicates, directly or indirectly, an intent to make a limitation, specification or discrimination with respect thereto;

G. To offer, solicit, accept, use or retain a listing of real property with the understanding that a person may be discriminated against in a real estate transaction or in the furnishing of facilities or services in connection therewith;

H. To expel a person from occupancy of real property;

I. To discriminate in the course of negotiating, executing or financing a real estate transaction whether by mortgage, deed of trust, contract or other instrument imposing a lien or other security in real property or in negotiating or executing any item or service related thereto, including issuance of title insurance, mortgage insurance, loan guarantee, or other aspect of the transaction. (Ord. 1542 § 4, 1979; prior code § 2-701)

*    Editor’s note: The title, effective date, definition and penalty provisions of Chapter 9.04 BMC do not apply to this section.

9.12.090 Fair housing practices – Violations.*

A violation of BMC 9.12.080 is punishable by a fine not to exceed $500.00 or by imprisonment in the county jail for a period not to exceed 90 days, or by both a fine and imprisonment. (Ord. 1542 § 4, 1979)

9.12.100 Telephonic harassment.

Every person who, with intent to harass, intimidate, torment or embarrass any other person, makes a voice call, or leaves a voice message, utilizing a phone, computer or other electronic or recorded means, to such other person:

A. Using any lewd, lascivious, profane, indecent or obscene words or language, or suggesting the commission of any lewd or lascivious act; or

B. Anonymously or repeatedly or at an extremely inconvenient hour, whether or not conversation ensues; or

C. Threatening to inflict injury on the person or property of the person called or any member of his family; or

D. Without purpose of legitimate communication; is guilty of a gross misdemeanor. (Ord. 2846 § 2 (Exh. A), 2014; Ord. 1558 § 1, 1980; prior code § 6.05.260)

9.12.110 Enabling harassment.

Any person who knowingly permits any telephone, computer or other electronic or recording device under his control to be used for any purpose prohibited by BMC 9.12.100, 9.20.130, 9.20.132 or 9.20.135 is guilty of a misdemeanor. (Ord. 2846 § 2 (Exh. A), 2014; Ord. 1558 § 1, 1980; prior code § 6.05.270)

9.12.120 Telephone harassment – Place of commission.

Any offense committed by use of a telephone as set forth in BMC 9.12.100 may be deemed to have been committed either at the place from which the telephone call or calls were made or at the place where the telephone call or calls were received. (Ord. 1558 § 1, 1980; prior code § 6.05.280)

9.12.130 Criminal violations of restraining orders – Statutes adopted.

A. The criminal provisions of the statutes contained in RCW Chapters 10.99, Domestic Violence-Official Response, 26.09, Dissolution of Marriage-Legal Separation, 26.10, Nonparental Actions for Child Custody, 26.26, Uniform Parentage Act, 26.44, Abuse of Children and Adult Dependent Persons, and 26.50, Domestic Violence Prevention, are adopted by reference.

B. If any of the state statutes hereby adopted by reference are amended by the State Legislature or the people, including repeal and substitution of other language or recodifications, then such amendments are further incorporated by reference in this section and the city code codification. (Ord. 2368 § 2, 1998)

9.12.140 Domestic violence assessment.

A. Any person convicted of a crime involving domestic violence may be assessed a penalty of $100.00 (DV assessment). This assessment shall be in addition to, and shall not supersede, any other penalty, restitution, fines, or costs provided for by law.

B. A “crime involving domestic violence,” as used in this section, means any crime as defined by RCW 10.99.020, as presently constituted or hereinafter amended, and the violation of any equivalent ordinances whether presently or hereinafter enacted by the city of Blaine.

C. “Convicted,” as used in this section, shall include a plea of guilty, a finding of guilt regardless of whether the imposition of the sentence is deferred or any part of the penalty is suspended, or the levying of a fine. Nothing herein prevents the city from assessing the DV assessment upon the stipulation of the accused as part of a plea or other agreement when a person has been charged with a crime involving domestic violence. (Ord. 2712 § 1, 2008)