Chapter 6.35
PERSONS

Sections:

6.35.010    Assault and other crimes involving physical harm.

6.35.015    Reckless use of fentanyl.

6.35.020    Menacing.

6.35.030    Pedestrian interference – Obstruction of sidewalk areas and roadways.

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.)

6.35.015 Reckless use of fentanyl.

(1) A person is guilty of reckless use of fentanyl if the person:

(a) Intentionally combusts or exhales the smoke of a substance the person knows or reasonably should know contains, or is contaminated with, fentanyl; and

(b) The combusted or exhaled substance does, in fact, contain fentanyl as determined by a presumptive drug test, such as a “NIK” test, or testing by a lab; and

(c) Does so while in a public space and within 10 feet of another person, or while inside an enclosed public space with another person.

(2) For the purposes of this section, “public space” includes, but is not limited to, a public conveyance, park, transit stop, or other place open to the public.

(3) Reckless use of fentanyl is a gross misdemeanor, punishable by up to 364 days in jail, a $5,000 fine, or combination of both.

(Ord. No. 22-931, § 2, 5-3-22.)

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 Pedestrian interference – Obstruction of sidewalk areas and roadways.

(1) The following definitions apply to this section:

(a) “Roadway” has the meaning given that term in RCW 46.04.500 as currently adopted or as it may be amended in the future.

(b) “Sidewalk” has the same meaning given that term in FWRC 1.05.020 as currently adopted or as it may be amended in the future.

(2) A person is guilty of pedestrian interference if, while in the public right-of-way, he or she intentionally:

(a) Obstructs pedestrian or vehicular traffic by walking, standing, sitting, lying, or placing an object in such a manner that blocks, hinders or impedes, or tends to hinder or impede the free and uninterrupted passage by another person or a vehicle that has the right-of-way causing or likely to cause a pedestrian or vehicle operator to take evasive action to avoid contact;

(b) Sits or lies upon a public sidewalk, or upon a blanket, chair, stool, or any other object placed upon a public sidewalk except as otherwise provided by this section;

(c) Uses a bench or bus stop in such a manner that unreasonably prevents or interferes with access to it by other members of the public or prevents or impedes pedestrian access around it; or

(d) Loiters on the roadway or on a median between lanes of travel.

(3) This section shall not apply to the following:

(a) Persons actually engaged in work upon a development or maintenance project, including construction and maintenance workers, surveyors, and flaggers, within any construction or maintenance area indicated by official traffic control devices are exempt from the prohibition on obstructing traffic;

(b) Any person(s) who, as a result of a disability, utilizes a wheelchair, walker, or similar device to move about the public sidewalk;

(c) Operating or patronizing a commercial establishment conducted on the public sidewalk pursuant to a permit issued under Chapter 4.25 FWRC;

(d) A person participating in or attending a parade, festival, performance, rally, demonstration, meeting, or similar event conducted on the public sidewalk pursuant to a permit issued under Chapter 4.30 FWRC;

(e) Sitting on a public sidewalk within a bus stop zone while waiting for public or private transportation; or

(f) Sitting on a chair or bench located on the public sidewalk, which is supplied by the city of Federal Way or an abutting private property owner.

(4) A person violating this section is guilty of a misdemeanor. No person shall be subject to enforcement under this section unless the person engages in conduct prohibited by this section after having been notified by a law enforcement officer that the conduct violates this section. If the individual fails to comply, a law enforcement officer may then enforce this section.

(Ord. No. 21-923, § 2, 12-7-21; Ord. No. 20-887, § 2, 3-3-20; Ord. No. 15-802, § 1, 10-6-15; Ord. No. 15-784, § 1, 2-3-15; 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 as now enacted or hereafter amended:

RCW

7.105.450    Enforcement and penalties – Other than antiharassment protection orders and extreme risk protection orders.

7.105.455    Enforcement and penalties – Antiharassment protection orders.

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.

(Ord. No. 22-937, § 2, 7-19-22; 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 statutes are hereby adopted by reference as now enacted or hereafter amended:

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.

(Ord. No. 22-937, § 3, 7-19-22; 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 willfully disobey a temporary or permanent anti-harassment order issued pursuant to Chapter 7.105 RCW.

(Ord. No. 22-937, § 4, 7-19-22; 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 for 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 as now enacted or hereafter amended:

RCW

Ch. 7.105    Civil Protection Orders

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.

26.26.138    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.

(Ord. No. 22-937, § 5, 7-19-22; 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 willfully disobey a temporary or permanent no-contact or protection order issued pursuant to Chapter 7.105 or 10.99 RCW.

(Ord. No. 22-937, § 6, 7-19-22; Ord. No. 09-601, § 20, 1-6-09. Code 2001 § 6-194.)