Ordinance No. 2023-31 Adopting State Laws for Harassment and Civil Protection Orders (Approved 121223){JEH2834051.DOCX;1/13023.130005/ }
ORDINANCE NO. 2023-31
AN ORDINANCE of the City of Bainbridge Island, Washington, amending
Chapter 9.23 of the Bainbridge Island Municipal Code (BIMC) to update the
City’s adoption of state regulations regarding harassment and civil protection
orders.
WHEREAS, BIMC 9.23 relating to harassment and civil protection orders was
adopted in 1991 and last updated in 1994, and
WHEREAS, since the last time BIMC 9.23 was updated, the state of Washington has
revised and added to the statutes regarding harassment, as adopted by reference in BIMC
9.23.010, and has adopted new regulations and procedures for civil protection orders in lieu of
those adopted in BIMC 9.23.020, and
WHEREAS, code cities like Bainbridge Island may adopt state statutes by reference per
RCW 35A.13.180 and RCW 35A.12.140, and
WHEREAS, the City Manager, City Police Chief, Kitsap County Prosecuting Attorney
acting as City prosecutor, and the City Attorney, have recommended that the City update BIMC
9.23 to adopt the revised and new statutes to be consistent with state law, and
WHEREAS, the Bainbridge Island City Council concurs with the recommendation.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE
ISLAND, WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. Harassment and Civil Protection Orders. BIMC 9.23 is amended to
read as follows:
Chapter 9.23
HARASSMENT AND CIVIL PROTECTION ORDERS
Sections:
9.23.010 Harassment.
9.23.020 Civil anti-harassment protection order.
9.23.010 Harassment. The following statutes of the state of Washington, as
the same exist or shall hereafter be amended, are hereby adopted by reference:
RCW
9.61.230 Telephone harassment.
9.61.240 Telephone calls to harass, intimidate, torment, or embarrass
harassment – Permitting telephone to be used.
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9.61.250 Telephone calls to harass, intimidate, torment, or embarrass
harassment - Offenses, where deemed committed.
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.
9A.90.120 Cyber harassment.
9.23.020 Civil anti-harassment protection order. The following statutes
of the state of Washington, as the same exist or shall hereafter be amended, are
hereby adopted by reference:
RCW
10.14.020 Definitions.
10.14.030 Course of conduct – Determination of purpose.
10.14.060 Proceeding in forma pauperis.
10.14.070 Hearing – Service.
10.14.080 Anti-harassment protection orders – Ex parte temporary – Hearing –
Longer term, renewal.
10.14.090 Representation or appearance.
10.14.100 Service of order.
10.14.110 Notice to law enforcement agencies – Enforceability.
10.14.120 Disobedience of order – Penalties.
10.14.130 Exclusion of certain actions.
10.14.140 Other remedies.
10.14.150 Jurisdiction.
10.14.170 Criminal penalty.
10.14.180 Modification of order.
10.14.190 Constitutional rights.
7.105.010 Definitions.
7.105.175 Service – Development of best practices.
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7.105.450 Enforcement and penalties – Other than antiharassment protection
orders and extreme risk protection orders.
7.105.455 Enforcement and penalties – Antiharassment protection orders.
7.105.460 Enforcement and penalties – Extreme risk protection orders – False
petitions.
7.105.465 Enforcement and penalties – Knowledge of order.
7.105.470 Enforcement – Prosecutor assistance.
7.105.550 Orders under this chapter and other chapters – Enforcement and
consolidation – Validity and enforcement of orders under prior
chapters.
7.105.565 Proceedings additional – Filing of criminal charges not required.
7.105.570 Other authority retained.
7.105.575 Liability.
Section 2. Severability. Should any section, paragraph, sentence, clause, or phrase of
this ordinance, or its application to any person or circumstance, be declared unconstitutional or
otherwise invalid for any reason, or should any portion of this ordinance be preempted by state
or federal law or regulation, such decision or preemption shall not affect the validity of the
remaining portions of this ordinance or its application to other persons or circumstances.
Section 3. Effective Date. This ordinance shall take effect and be in full force five (5)
days from its passage and publication as required by law.
PASSED BY THE CITY COUNCIL this 12th day of December, 2023.
APPROVED BY THE MAYOR this 12th day of December, 2023.
Brenda Fantroy-Johnson, Mayor
ATTEST/AUTHENTICATED:
Christine Brown, MMC, City Clerk
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FILED WITH THE CITY CLERK: December 8, 2023
PASSED BY THE CITY COUNCIL: December 12, 2023
PUBLISHED: December 22, 2023
EFFECTIVE DATE: December 27, 2023
ORDINANCE NO. 2023-31