Chapter 9.19
HARASSMENT
Sections:
9.19.010 Harassment – Defined – Crimes included.
9.19.020 Acts constituting harassment.
9.19.030 Penalty – Additional remedies.
9.19.040 Where offense deemed committed.
9.19.050 Additional conditions imposed on defendant when.
9.19.080 Information to victim.
9.19.010 Harassment – Defined – Crimes included.
As used in this chapter, “harassment” may include, but is not limited to, any of the following crimes:
(a) Harassment (FMC 9.19.020);
(b) Telephone harassment. (Ord. 821 § 6, 1985).
9.19.020 Acts constituting harassment.
A person is guilty of harassment if, without lawful authority, the person knowingly threatens:
(a) To cause bodily injury in the future to the person threatened or to any other person; or
(b) To cause physical damage to the property of a person other than the actor; or
(c) To subject the person threatened or any other person to physical confinement or restraint; or
(d) Maliciously to do any other act which is intended to substantially harm the person threatened or another with respect to his or her physical or mental health or safety. (Ord. 821 § 1, 1985).
9.19.030 Penalty – Additional remedies.
A person who harasses another is guilty of a gross misdemeanor. The penalties provided in this chapter for harassment do not preclude the victim from seeking any other remedy otherwise available under law. (Ord. 821 § 2, 1985).
9.19.040 Where offense deemed committed.
Any harassment offense committed as set forth in FMC 9.19.010 may be deemed to have been committed where the conduct occurred, or at the place from which the threat or threats were made, or at the place where the threats were received. (Ord. 821 § 3, 1986).
9.19.050 Additional conditions imposed on defendant when.
(a) Because of the likelihood of repeated harassment directed at those who have been victims of harassment in the past, when any defendant charged with a crime involving harassment is released from custody before trial on bail or personal recognizance, the court authorizing the release may require that the defendant:
(1) Stay away from the home, school, business or place of employment of the victim or victims of the alleged offense, or other location, as shall be specifically named by the court in the order;
(2) Refrain from contacting, intimidating, threatening, or otherwise interfering with the victim or victims of the alleged offense and such other persons, including but not limited to, members of the family or household of the victim, as shall be specifically named by the court in the order.
(b) If the court has probable cause to believe that the defendant is likely to use or display or threaten to use a deadly weapon in any further acts of harassment or violence, the court may also require the defendant to surrender temporarily any deadly weapon in the defendant’s immediate possession or control, or subject to the defendant’s immediate possession or control, to the chief of police of the city of Fircrest, or to the defendant’s counsel, for safekeeping.
(c) An intentional violation of a court order issued under this section is a misdemeanor. The written order releasing the defendant shall contain the court’s directives and shall bear the legend: “Violation of this order is a criminal offense under FMC __________.” A copy of the order shall be provided to the victim by the clerk of the court. (Ord. 821 § 4, 1985).
9.19.060 Arraignment.
A defendant who is charged by citation, complaint or information with an offense involving harassment and not arrested shall appear in court for arraignment in person as soon as practicable, but in no event later than 14 days after the next day on which court is in session following the issuance of the citation or the filing of the complaint or information. At that appearance, the court shall determine the necessity of imposing a no-contact or no-harassment order or, other conditions of pretrial release according to the procedures established by court rule for preliminary appearance or an arraignment. (Ord. 821 § 5, 1985).
9.19.070 Enforcement.
Any law enforcement agency in this state may enforce this chapter as it relates to orders restricting the defendant’s ability to have contact with the victim and orders requiring defendants to surrender firearms. (Ord. 821 § 7, 1985).
9.19.080 Information to victim.
The victim shall be informed by the city attorney of the final disposition of the case in which the victim is involved. If a defendant is found guilty of a crime of harassment and a condition of the sentence restricts the defendant’s ability to have contact with the victim or witnesses, the condition shall be recorded and a written copy of that order shall be provided to the victim or witnesses by the clerk of the court. (Ord. 821 § 8, 1985).
9.19.090 Limited liability.
A peace officer shall not be held liable in any civil action for an arrest based on probable cause, enforcement in good faith of a court order, or any other action or omission in good faith under this chapter arising from an alleged incident of harassment brought by any party to the incident. (Ord. 821 § 9, 1985).