Chapter 9.02
OFFENSES AGAINST THE PERSON
Sections:
9.02.000 Adoption by reference.
9.02.030 Reckless endangerment.
9.02.040 Violation of restraining order.
9.02.050 Adoption by reference – Domestic violence – Violation and orders.
9.02.100 Domestic violence assessment.
9.02.000 Adoption by reference.
The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW
9.61.230 Telephone harassment
9.61.240 Telephone harassment – Permitting telephone to be used
9.61.250 Telephone harassment – Offense, where deemed committed
9A.36.041 Assault in the fourth degree
9A.36.050 Reckless endangerment
9A.36.070 Coercion
9A.36.150 Interfering with reporting of domestic violence
9A.42.010 Definitions
9A.42.035 Criminal mistreatment in the third degree
9A.42.040 Withdrawal of life support systems
9A.42.045 Palliative care
9A.42.050 Defense of financial inability
9A.46.020 Harassment
9A.46.030 Place where harassment 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.46.080 Order restricting contact – Violation
9A.46.090 Nonliability of police officers
9A.46.110 Stalking
9A.49.010 Lasers – Definitions
9A.49.030 Unlawful discharge in the second degree
9A.49.040 Civil infraction, when
9A.49.050 Exclusions
(Ord. 1432 § 1, 2007)
9.02.010 Assault.
A person is guilty of assault if he or she:
A. Intentionally causes bodily harm by unlawfully touching or striking another person; or
B. Attempts by force or violence to cause bodily harm to another person; or
C. Intentionally places or attempts to place another person in fear or apprehension of bodily harm by an act, word or threat. (Ord. 1432 § 1, 2007; Ord. 824 § 1, 1987)
9.02.020 Provoking assault.
A person is guilty of provoking assault if he or she by word, sign or gesture wilfully provokes another person to commit an assault or breach of the peace through the use of fighting words, signs or gestures which by their very nature or the manner in which they are used tend to excite an immediate violent reaction or breach of peace. (Ord. 1432 § 1, 2007; Ord. 824 § 1, 1987)
9.02.030 Reckless endangerment.
A person is guilty of reckless endangerment if he or she recklessly engages in conduct which creates a substantial risk of death or serious physical injury to another person. (Ord. 1432 § 1, 2007; Ord. 824 § 1, 1987)
9.02.040 Violation of restraining order.
A. A person is guilty of violating a restraining order if he or she knowingly violates any of its restraint provisions or provisions excluding a person from a residence.
B. A peace officer shall arrest without a warrant and take into custody a person whom the peace officer has probable cause to believe has knowingly violated an order issued under state law that restrains the person or excludes the person from a residence.
C. Upon the filing of an affidavit by the victim or any peace officer alleging violation by a permanent or temporary Ferndale resident of an order for protection granted under state law, the Ferndale Municipal Court may issue an order requiring the person to appear and show cause within 14 days why he or she should not be found in contempt of court and punished accordingly. (Ord. 1432 § 1, 2007; Ord. 824 § 1, 1987)
9.02.050 Adoption by reference – Domestic violence – Violation and orders.
The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW
9.41.040 Unlawful possession of firearms – Ownership, possession by certain persons
9A.40.010 Definitions
9A.40.070 Custodial interference in the second degree
9A.40.080 Custodial interference – Assessment of costs – Defense – Consent defense, restricted
10.99.020 Definitions
10.99.030 Law enforcement officers – Training, powers, duties – Domestic violence reports
10.99.040 Restrictions upon and duties of court
10.99.045 Appearances by defendant – No-contact order
10.99.050 Victim contact – Restriction, prohibition – Violation, penalties – Written orders – Procedures
10.99.055 Enforcement of orders
10.99.070 Liability of peace officers
26.09.300 Restraining orders – Notice – Refusal to comply – Arrest – Penalty – Defense
26.50.010 Definitions
26.50.110 Violation of [protection] order – Penalties
26.50.140 Peace officers – Immunity
(Ord. 1432 § 1, 2007)
9.02.100 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 Ferndale.
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. 1501 § 1, 2008)