HomeMy WebLinkAbout4087 Ordinance No . 4087
(Amending or Repealing Ordinances)
Amending KCC 9.02
Passed - 9/3/2013
Adding new Section 9.02.295
The date["Beginning July 1, 19W]has led to confusion This date will be deleted from cover sheets of
ordinance/resolution revision pages This cover sheet will be deleted on electronic pages only, no other
deletions or changes have been made to the document—6/21/2012.
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, adding a new Section
9.02.295 to the Kent City Code, entitled
"Menacing".
RECITALS
A. Washington case law regarding the crime of stalking (RCW
9A.46.110) limits the charging of that crime to instances where a
perpetrator's actions place another in reasonable fear of harm, and the
perpetrator's conduct is "repeated" that is, it occurs on two or more
separate occasions (RCW 9A.46.110(6)(e)).
B. The city of Kent prosecutor has encountered facts where a
perpetrator's actions faM short of the crime of stalking only because his or
her behavior is continuous and not divided into two or more separate
occasions as is required by that statute, but are no less threatening to the
alleged victim(s).
C. This ordinance will make stalking-like behavior unlawful when
it is intended by the perpetrator to place the victim(s) in reasonable fear of
harm when the perpetrator engages in the activity over the course of one
continuous event.
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NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - New Section. Section 9.02.295, "Menacing," is
added to Chapter 9.02 to read as follows:
Sec. 9.02.295. A person is guilty of the crime of menacing when
he or she intentionally follows or surveils another person and/or engages
in a course of conduct that is intended to place a person in reasonable fear
of bodily injury as that phrase is defined in RCW 9A.04.110.
"Follows", as used in this section, means deliberately maintaining
visual observation and/or physical proximity of a specific person or persons
over a continuous period of time.
Violation of this section is a misdemeanor, the maximum penalty of
which is ninety (90) days in jail and a one-thousand dollar ($1,000.00)
fine.
SECTION 2. - Cgrrections by City Clerk or Code Reviser. Upon
approval of the City Attorney, the City Clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state or federal laws, codes, rules, or
regulations.
SECTION 3. - Severabilitx. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, that
decision shall not affect the validity of the remaining portion of this
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ordinance and that remaining portion shall maintain its full force and
effect.
SECTION 4. - Effective Date. This ordinance shall take effect and
be in force thirty (30) days from and after its passage and publication, as
provided by law.
ZE COOKE, MAYOR
ATTEST:
ONALD FMbOR , CITY CORK
APPROVED AS TO FORM:
FITZKTRfCK, NG CITY ATTORNEY
2� ll
PASSED: day of Iwlk n(4/
Gr , 2013.
APPROVED: day of �prei���r 12013.
PUBLISHED: 49;�� day of� J f�l�/C�J'� 12013.
I hereby certify that this is a true copy of Ordinance,-No,
passed by the City Council of the City of Kent, Washing orx;'A ld-gpproved
by the Mayor of the City of Kent as hereon indicated.
RONALD FIKOOF6, CI CLERK-
, _
P\Clvll\Ordinanm\Menadng 9.02.Dooc
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