Item Coversheet

BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT

Item No. 6.P.
For Meeting of: AugustĀ 1, 2022

ITEM TITLE:Ordinance amending sections of Title 6 to reflect changes to adopted/referenced RCWs; adopting the new RCW for Cyberstalking and an RCW pertaining to Telephone Harassment
SUBMITTED BY:Jeffrey Schaap, Senior Assistant City Attorney
SUMMARY EXPLANATION:

This proposed ordinance is largely a housekeeping measure to align the municipal code with several changes from the last legislative session and to address several harassment statutes.

 

(1) The proposed ordinance amends YMC 6.05.135 to replace RCW 26.50.010 with RCW 10.99.020 for the purposes of defining family or household member or intimate partner; it does not change the definitions, rather only what RCW is referenced.

(2) The proposed ordinance strikes RCW 26.50.110 from YMC 6.05.110; this RCW is no longer in use.

(3) The proposed ordinance addresses several changes regarding Cyberstalking and Cyber Harassment.  The city had previously adopted the RCW for Cyberstalking.  The legislature recodified and amended Cyberstalking as RCW 9A.90.120 and retitled it Cyber Harassment—the proposed ordinance changes the language in the municipal code to match these changes.  At the same time the legislature created a new crime, RCW 9A.90.130, and titled it Cyberstalking.  This new crime makes it a gross misdemeanor to knowingly and without consent install or monitor an electronic tracking device with the intent to track the location of another person.  The proposed ordinance adopts this new RCW. 

(4) Lastly, with regard to harassment the proposed ordinance adopts RCW 9.61.240 which relates to Telephone Harassment and permitting a telephone under a persons control to be used for the purposes of telephone harassment.  The city has already adopted Telephone Harassment, the adoption of this RCW provides further enforcement.

ITEM BUDGETED:Yes
STRATEGIC PRIORITY:Public Safety
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Pass ordinance
ATTACHMENTS:
DescriptionUpload DateType
Ord-Title 6 harassment & cyberstalking - track changes7/21/2022Ordinance
Ord-Title 6 harassment & cyberstalking - changes accepted7/21/2022Ordinance