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HomeMy WebLinkAbout3071ORDINANCE NO. - r AN ORDINANCE of the City of Kent, Washington, clarifying the elements of the crime of assault, amending section 9.02.28 of the Kent City Code. WHEREAS, the language of Kent City Code Section 9.02.281 as currently enacted, may cause confusion to a court interpreting! the section as it applies to an assault on a police officer; WHEREAS, the filing guidelines of the King County Prosecutors Office do not permit the filing of every assault on an officer as a felony; and WHEREAS, a need exists to prosecute offenders who have assaulted officers, but who have not been charged under RCW 9A.36.030 for felony assault in the third degree; and WHEREAS, the Kent City Council seeks to enable the City1 to prosecute offenders of the crime of assault on a police officer in instances where the assault does not rise to the level of felony assault in the third degree; NOW, THEREFORE; THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 9.02.28 of the Kent City Code is amended as follows: 9.02.28 ASSAULT ((in the fear -'' degree) ) A. A person is guilty of assault when: 1. With intent to cause bodily iniury to another person, he or she causes or attempts to cause bodily injury to any person; or 2. He or she intentionally engages in a Physical act which creates in another a reasonable apprehension or fear of imminent bodily iniury; or 3. He or she intentionally and without Permission touches another and that touching is offensive, regardless of whether any actual physical harm is done to the other person. B. Every persen whe shall, within the limits e€ the r_t y eemmits an --_r__�}= assault er an battery,assault and / net ameunting to an assault in the first, er third degree, as defined by the laws e f thestate shall be deefaed guilty e f assaute in the - - _- --- degree. Assault intheeurth degree is a misdemeanor. Section 2. Severability. The provisions of this ordinance are declared to be separate and severable. The I invalidity of any clause, sentence, paragraph, sub division, section or portion of this ordinance, or the invalidity of the i application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its applications to other persons or circumstances. Section 3. Effective Date. This ordinance shall take effect and be in force thirty (30) days from the time of its final approval and passage asVXELDALEHER, d by law. MAYOR ATTEST: ._. ... BRENDA JACOBER ITY CLERK APPROVED AS TO' FORM: RO R A. L BOVICFr, CftWY ATTORNE 3 PASSED _ APPROVED PUBLISHED �J day of �.> C F-< z , 1992. day of f .. _,� ..4'. t , 1992. 7 ! 1992. day of 4" L. I hereby,cprtify that this is a true and correct copy of Ordinance No.:-/ passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. ASSLT.ORD r (SEAL) BRENDA JACOBtR, CITY CLERK 4