ORD 22-937 - Relating to Protection Ordersand
ORDINANCE NO.22-937
AN ORDINANCE of the City of Federal Way, Washington, relating to
protection orders and other associated recent state law changes;
Amending FWRC 6.35.040, 6.35.050, 6.35.060, 6.35.070, 6.35.080, and
6.35.090. (Amending Ordinance Nos. 09-601, 06-526, 03-445, 00-374, 97-
297, 97-299, and 91-89).
WHEREAS, the City of Federal Way is a non -charter code city pursuant to Title 35A RCW;
WHEREAS, the City of Federal Way has expressed an intent to assert jurisdiction over all
misdemeanor and gross misdemeanor crimes occurring within the City limits; and
WHEREAS, the Washington State Legislature recently amended the Revised Code of
Washington to consolidate the laws related to protection orders into one section of the code; and
WHEREAS, the Federal Way Revised Code refers to now retired sections of the former
Revised Code of Washington and needs to be updated to correctly reference the laws pertaining to
criminal violations of protection orders; and
WHEREAS, the City Council hereby finds that the requirements and changes established by
this ordinance are immediately needed to accommodate statutory changes that went into effect on
July 1, 2022, and are in the interest in and necessary for the preservation of the public peace, health,
safety, and welfare; and
WHEREAS, the potential adverse impacts on the public health, property, safety and welfare
of the City and its citizens if this Ordinance did not take effect immediately, justify the declaration of
an emergency and the designation of this ordinance as a public emergency ordinance necessary for
the protection of public health, public safety, public property or the public peace by the City Council;
Ordinance No. 22-937 Page 1 of 8
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. FWRC 6.05.080 is hereby amended to read as follows:
6.05.080 Adoption of statutes, construction.
(1) In adopting the state statutes by reference, only those crimes and offenses within the j urisdiction
of a municipality are intended to be adopted and, in those sections adopted which deal with both
misdemeanors and felonies, only the language applicable to misdemeanors and gross misdemeanors
is to be applied (including to the extent that an anticipatory offense would be a misdemeanor or gross
misdemeanor). By adopting state statutes, the city intends to assume jurisdiction over and become
the jurisdictional authority for the enforcement and prosecution of misdemeanor and gross
misdemeanor crimes as now enacted or hereafter amended. Whenever the word "state" shall appear
in any statute adopted by reference in this chapter, the word "city" shall be substituted; provided,
however, the term "city" shall not be substituted for the term "state" in those circumstances that set
forth administrative or licensing duties of the state and its subdivisions. Whenever a state statute
specifically adopted in this chapter refers to another state statute not specifically adopted in this
chapter, the statute referred to shall be given the force and effect necessary to enforce the statute
specifically adopted in this chapter. When issuing a citation, information, or complaint for the
violation of any section of the RCW adopted by this chapter, it shall be sufficient for a commissioned
officer or prosecutor to cite to and refer to the RCW section number.
(2) With the exception of the RCW sections set forth in subsection (4) of this section or other RCW
sections that are otherwise specifically disavowed in this Code, all RCW sections that constitute
misdemeanors and gross misdemeanors and the RCW sections necessary for the investigation, arrest,
Ordinance No. 22-937 Page 2 of 8
prosecution, sentencing, confinement, and enforcement of misdemeanors and gross misdemeanors as
the currently exist or as ma be adopted by the State in the fixture are hereby adopted by reference,
and shall be given the same force and effect as if set forth herein in full. The fact that sections of this
Code adopt by reference specific sections of the RCW shall not affect this section. Sections of the
Code that specifically recite that sections of the RCW are not adopted or do not apply shall control
over this section.
(3) All Class C felony crimes set forth in the RCW are hereby adopted by reference for the purposes
of charging a gross misdemeanor for a violation of any of the crimes set forth in
Chapter 9A.28 RCW. The adoption of Class C felonies shall be subject to the provisions of
subsections (1) and (2) of this section.
(4) The following RCW sections are specifically not adopted:
(a) RCW 9A.16.110, Defending against violent crime — Reimbursement.
(5) If any chapter, section, subsection, sentence, or provision of this title, or its application to any
person or circumstance, is held invalid, the remainder of this title, or the application of the chapter,
section, subsection, sentence, or provision to other persons or circumstances, is not affected, and to
this end, the chapters, sections, subsections, sentences and provisions of this title are declared to be
severable.
(6) The provisions of this title are intended to create a duty to the public in general and not to create
any duty to individuals or to any particular class of individuals. These provisions are not for the
protection of any person or class of persons.
Section 2. FWRC 6.35.040 is hereby amended to read as follows:
Ordinance No. 22-937 Page 3 of 8
6.35.040 Harassment.
The following state statutes are adopted by reference as now enacted or hereafter amended:
RC W
9A.46.020 Definition — Penalties.
9A.46.030 Place where 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.46.070 Enforcement of orders restricting contact.
9A.46.080 Order restricting contact — Violation.
9A.46.090 Nonliability of peace officer.
9A.46.100 "Convicted," time when.
9A.46.110 Stalking.
7.105.450 Enforcement and penalties — Other than antiharassanent protection.orders and
extreme risk protection orders.
7.105.455 Enforcement and penalties — Antiharassmentprotectioti orders.
Section 3. FWRC 6.35.050 is hereby amended to read as follows:
6.35.050 Custodial interference.
The following statutes are hereby adopted by reference as now enacted or hereafter amended:
Q�l�1l
9A.40.010 Definitions.
9A.40.070 Custodial interference in the second degree.
Ordinance No. 22-937 Page 4 of 8
9A.40.080 Custodial interference — Assessment of costs — Defense — Consent defenses,
restricted.
Section 4. FWRC 6.35.060 is hereby amended to read as follows:
6.35.060 Violation of civil anti -harassment orders.
It is a gross misdemeanor to .-",willfully disobey a temporary or permanent anti -harassment
order issued pursuant to Chapter 10. 14 7.105 RCW.
Section 5. FWRC 6.35.070 is hereby amended as follows:
6.35.070 Crimes occurring between family or household members — Domestic violence.
(1) Domestic violence anti -merger clause. Every person who, in the commission of a crime of
domestic violence, shall commit any other crime, may be punished therefor as well as for the crime
of domestic violence, and may be prosecuted for each crime separately.
(2) Strangulation.
(a) A person is guilty of strangulation if, under circumstances not amounting to a felony, he
or she assaults another by means of strangulation.
(b) "Strangulation " shall mean intentionally impeding normal breathing or circulation of the
blood by applying pressure on the throat or neck or by obstructing the nose or mouth of
another person.
(c) Strangulation is a gross misdemeanor. Any person convicted of this crime shall be
punished by imprisonment for not less than 30 days.
(3) Exposing children to domestic violence.
(a) A person commits the crime of exposing children to domestic violence when he or she:
(i) Commits a crime of domestic violence, as defined in RCW 10.99.020; and
Ordinance No. 22-93 7 Page 5 of 8
(ii) The crime is committed in the immediate presence of, or is witnessed by, the
person's or the victim's minor child, stepchild, or a minor child residing within the
household of the person or victim.
(b) For the purposes of this section, "witnessed" shall mean if the crime is seen or directly
perceived in any other manner by the child.
(c) Exposing children to domestic violence is a gross misdemeanor. Any person convicted of
this crime shall be punished by imprisonment 4-for not less than 30 days. If the person is
sentenced to less than the maximum statutory sentence, the court shall place the defendant on
probation and the court shall impose conditions of probation that include attendance at a
certified domestic violence perpetrator treatment program as well as a treatment program that
addresses the effects of domestic violence on children.
(4) The following state statutes are adopted by reference as now enacted or hereafter amended:
RC W
Ch. 7.105 Civil Protection Orders
9A.36.150 Interfering with the reporting of domestic violence.
Ch. 10.99 Domestic violence — Official response.
26.09.300 Restraining orders —Notice —Refusal to comply —Arrest —Penalty —Defense —
Peace officers, immunity.
LEMMMLSMM�- ► - -
26.26.13 8 Restraining order— Knowing violation— Penalty —Law enforcement immunity.
26.44.063 Temporary restraining order or preliminary injunction —Enforcement —Notice
Ordinance No. 22-937 Page 6 of 8
of modification or termination of restraining order.
26.44.067 Temporary restraining order or preliminary injunction — Contents — Notice —
Noncompliance — Defense — Penalty.
Section 6. FWRC 6.35.090 is hereby amended as follows:
6.35.090 Violation of no contact and protection orders.
It is a gross misdemeanor to w i wiilfully disobey a temporary or permanent no -contact or
protection order issued pursuant to Chapter 10.99 or 26.50 7.105 RCW.
Section 7. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase
of this ordinance, or its application to any person or situation, be declared unconstitutional or invalid
for any reason, such decision shall not affect the validity of the remaining portions of this ordinance
or its application to any other person or situation. The City Council of the City of Federal Way
hereby declares that it would have adopted this ordinance and each section, subsection, sentence,
clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
Section S. Corrections. The City Clerk and the codifiers of this ordinance are authorized to
make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Section 9. Ratification. Any act consistent with the authority and prior to the effective date of
this ordinance is hereby ratified and affirmed.
Ordinance No. 22-937 Page 7 of 8
Section 10. Effective Date. The Council finds that this ordinance is needed for the immediate
support of city governments and is not subject to initiative or referendum pursuant to FWRC 1.30.
This ordinance shall take immediate effect.
CITY OF FEDERAL WAY:
W4 "!K
EKRIE. MAYOR
ATTEST:
yo-51"NIM011, - !11" � MIN M LIM 9 � V I 5AO
- M"
APPROVED AS TO FORM:
J. RYAN CALL, CITY ATTORNEY
FILED WITH THE CITY CLERK: 07/14/2022
PASSED BY THE CITY COUNCIL: 07/19/2022
PUBLISHED: 07/22/2022
EFFECTIVE DATE: 07/20/2022
ORDINANCE NO.: 22-937
Ordinance No. 22-937 Page 8 of 8