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
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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
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