2013/11/06 Council Agenda Packet

2 ORDINANCE NO. An Ordinance relating to Stalking and Stalking No -Contact Orders, Adding new sections to the Everett Criminal Code (Ordinance No. 1145-85) and amending Ordinance Nos. 1974-93,1234-86 and 1521-88 as provided in Section 12 herein. Whereas, in the 2013 session, the State Legislature amended several criminal statutes to address the problem of Stalking victims who are stalked by someone other than a current or former intimate partner; and Whereas, in addition to amending several laws related to Stalking, the 2013 state legislation defined a new stalking no -contact order that can be issued as a pretrial or post -conviction condition when the protected party of the order would not qualify for a domestic violence no -contact order; and Whereas, the City of Everett City Council deems it appropriate for Stalking provisions in the City Criminal Code to be consistent with state law; NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: Section 1: Title 10 of the Everett Municipal Code (Section 14 of Ordinance No. 1145- 85) is hereby amended by the addition of the following section: Stalking No -Contact Order "Stalking no -contact order" means a temporary order or a final order granted under Section 2, Chapter 84, Washington Laws of 2013 (the Jennifer Paulson Stalking Protection Order Act) against a person charged with or arrested for stalking, which includes the remedy set forth in the Act and in EMC 10.22.040. Section 2: Title 10 of the Everett Municipal Code (Ordinance No. 1145-85) is hereby amended by the addition of the following section: Stalking No -Contact Order — Issuance — Requirements — Penalty for Violation A. 1. When any person charged with or arrested for stalking, as defined in EMC 10.16.050 or RCW 9A.46.110, or any other stalking related offense under RCW 9A.46.060, is released from custody before arraignment or trial on bail or personal recognizance, the court authorizing the release may prohibit that person 6