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ORD 10-648ORDINANCE NO. 10-648 AN ORDINANCE of the City of Federal Way, Washington, relating to Cyberstalking; amending FWRC 6.35.010. (Amending Ord. Nos. OS-508, 94-215, 91-89) WHEREAS, Federal Way Revise Code ("FWRC") 6.35A10 adopts criminal statutes by reference to the State Law as codified in the Revised Code of Washington ("RCW"); and WHEREAS, RCW 9.61.260, Cyberstalking is a gross misdemeanor; and WHEREAS, FWRC 6.35.010 cioes not reference RCW 9.61.260; and WHEREAS, the City Council of Federal Way finds it is in the best interest of the citizens to incorporate the State Law into the FWRC, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1 . FWRC 6.35.010 shall be amended to read as follows: 6.35.010 Assault and other crimes involving physical harm The following state statutes are adopted by reference: RCW 9.61.230 Telephone calls to harass, intimidate, torment or embarrass. 9.61.240 Telephone harassment — Permitting telephone to be used. 9.61.250 Telephone harassment — Offenses, where deemed committed. 9.61.260 CvberstalkinQ. 9A.36.041 Assault in the fourth degree. 9A.36.050 Reckless endangerment. 9A.36.070 Coercion. 9A.36.160 Failing to summon assistance. 9A.36.161 Failing to suxnmon assistance — Penalty. Section 2. Severabilitv. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, 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 No.10-648 . . Page ] of 3 chapter 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 chapter 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 3. 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 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 5. 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. PASSED by the City Council of the City of Federal Way this 2nd day of March, 2010. CITY OF FEDERAL WAY � S ' � / �. " •' 1 � � ' • I • • ATTEST: / I �!.� �� � . � ��- . ,.� - � Ordinance No.10-648 . Page 2 of3 APPROVED AS TO FORM: GG' '�vG" . CITY ATTQRNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTNE DATE: ORDINANCE NO.: 2-9-2010 3-2-2010 3-6-2010 4-5-2010 10-648 Ordinance No.10-648 Page 3 of 3