= _ a L EVERET” CITY COUNCIL AGENDA ITEM COVER SHEET PROJECT TITLE: An Briefing COUNCILBILL# = ¢ AOC) Ordinance Relating to — Proposed Action Originating Department Legal Interference with a Health Care Consent Contact Person L. Tidball Facility, amending Ordinance Action Phone Number 425-257-8512 No. 1145-85, as previously irst Reading FOR AGENDA OF amended, Secon Reading ae ~~ Tied Reading Public Hearing Budget Advisory Initialed by: ‘Couneil President Departent Head Adminisraion —§ (QO Location Preveding Action Attachments Department(s) Approval Proposed Ordinance Legal ‘Amount Budgeted Expenditure Required ‘Budget Remaining ‘Additional Required DETAILED SUMMARY STATEMENT: The prosecutor's office is proposing the adoption of RCW 9A. 52.020-.030 asa local ordinance entitled “Interference with a Health Care Facility.” This statute makes its gross misdemeanor fora healt care facility to be disrupted by physical obstruction or impeding a person entering of leaving the facility; making noise that unreasonably disturbs the peace within the fueility; trespassing: repeatedly telephoning the facility; ‘or threatening to inflict injury or nowingly permitting someone to use your telephone to threaten. Although this RCW was written in 1993 for the purpose of protecting women's health eare facilities, i¢ protect all health care facilites. A number of cases have been reviewed by Lead Prosecutor Leslie Tidball {hat included situations in the locel hospital emergency room—which caused tremendous stress on the hospital stafrby the person's behevior—that were not prosecutable under othe laws, bul could have been prosecutable under this proposed ordinance, This ordinance could also asist in situations where gang ‘members show up at the emergeney room and engage in disruptive behavior after one oftheir members is being treated atthe health cae facility RECOMMENDATION (Exact ction requested of Council) ‘Adopt an Ordinance Relating to Interference with a Health Care Facility, amending Ordinance No, 1145-85, as previously amended,EVERETT WASHINGTON ORDINANCE NO. ‘An Ordinance Relating to Interference with a HealthCare Facility, amending Ordinance No. 1285-85, as previously amended WHEREAS, |A. The crime Interference with @ Health Care Facility sa gross misdemeanor crime codified under State law as ROW 9/.50.020 and RCW 94.50.020 This crime has not yet been incorporated into ‘the Everett Municip Code, B. The City of Everett is home to numerous health care facies, Wis vitally important to public ‘health and safety tht such facilities be permitted to carryout thelr health care tasks without the lsruption of erminas violating the Interference with a Heath Care Facity law. Incorporating, [RCW 9A.50,020 and RCW 98.50.020 into the Everett Municipal Code wll permit the City to prosecute this crimiral conduct, The City of Everett has the power to provide forthe punishment ofall practices dangerous to public health or safety, and to make necessary fo the preservation of public heath, peace and {00d order and to provide for the punishment ofall persons charged with violating any city ordinances . The Everett City Counc deems it appropriate for the ity of Everett criminal laws to incorporate corresponding Statelaw, thatthe City of Everett may prosecute such crimes. NOW, THEREFORE, THE CITYOF EVERETT DOES ORDAIN: Section. Ordinance No, 1185-85 is amended bythe addition ofthe folowing section which willbe codified as EMC 10.68.070: Interference with health cars faity. Itis unlawful fora person except ac otherwise protected by state or federal lw, alone or In concert with athers, to wilfully er recklessly interfere with aoess to or from a healthcare facility or wilfully cor recklessly discupt the rormal functioning of such fcity by 4. Physically obstructing a impeding the free paszage of person seeking to enter or depart fom the faclityor fram the common areas of the real property upon which the fait is located; 2, Making nose that unreasonably disturbs the peace within the facility,3 Trespassng onthe falty or the common areas ofthe real property upon which the fact located; 4. Telephoning the facily repeatedly, or knowingly permitting any telephone under his or her contro to be used fr such purpose; or 5. Threatening to inflict injury onthe owners, agents, patients, employees, or property of the facility ‘or knowingly permitting ny telephone under his r her contro to be used for such purpose. 8, Penalty: A violation of EMC 10.68.070.Ais a ross misdemeanor. A person canvicted of violating FMC 10,68.070.A shall be punished as follows 1. Fora frstoffense, a fine of not less than two hundred fifty dolars and a al term of not ess than ‘wenty-our consecutive hours; 2. Fora second offense, ine of not less than five hundred dollars an jal term of not less than Seven consecutive days nd 3. For a third or subsequent offense fine of not les than one thousand dollars and @ jal term of not less than thirty consecutive days . Definitions 4. "Health core faity" means facility that provides healthcare services directly to patient, ineluding but not limited‘, hospital cline, healthcare provider's office, heath malntenance organization, diagnostic or treatment center, neuropsychiatric or mental health fait, hospice, or nursing home. 2. “Heath cae provider" has the same mearing a defined In RCW 7.70.020 (1 and (2), and also means an officer, arector, employee, or agent ofa health care facity wha sues or testifies regarding matters within he seape of his or her employment. Seation 2, The City Clerk and the cofiers of ths Ordinance are authorized to make necessary corrections to this Ordinance including, but not inited to, the correction of scriveners/lericl errors, references, ordinance numbering, sectlon/subsection numbers, nd any internal references, Section 3, The Cty Council hereby declares that should any section, paragraph sentence, clause or Phrase ofthis ordinance be delaed invalid for any reason, ie the intent ofthe Cty Counc tat it would have passe al portiors ofthis ordinance Independent of the elimination of any such portion as may be declared invalid Section 4, The wnstunat uf tes Ordinance shall not affect any case, proceeding, peel or oer matter currently pending in any court arin any way moshty any right or fail, chlo rina, which ‘may be in existence on the elective date of his Ordinance. 2019 cron: renee whet coe B fee ran2ors‘Casi Franklin, Mayor arrest: ‘Sharon Fuller, Cy Gere Passo: vaup: PUBLISHED: EFFECTIVE DATE: 2019 ORDINANCE: Intererince with a Health are Feetty Page 3013