Ordinance 3962-23 - Laserfiche WebLink

2023 ORDINANCE: Stay Out of Drug Areas Orders Page 2 of 4 NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: Section 1. EMC 10.13.025 is amended as follows, with strikeout text deleted and underlined text added: A.Any order issued pursuant to this chapter that specifically orders as a condition of pretrial release and/or deferral or suspension of sentence that the defendant stay out of areas with a high level of illegal drug trafficking shall be hereinafter referred to as a “SODA” (“Stay Out of Drug Areas”) order. B.SODA orders may be issued to anyone charged with or convicted of any criminal violation of Chapter 10.35 EMC, Chapter 10.36 EMC, or Chapter 10.37 EMC possession of drug paraphernalia, manufacture/delivery of drug paraphernalia, delivery of drug paraphernalia to a minor, selling/giving drug paraphernalia to another person, possession of marijuana, loitering for the purpose of engaging in drug-related activity, criminal attempt of any class C felony codified in the Uniform Controlled Substances Act, Chapter 69.50 RCW as currently enacted or later amended as though such section was set forth herein in full, or any of the aforementioned crimes that occur within a drug-free zone. C.SODA orders may also be issued to anyone charged with or convicted of a crime in which the court finds a nexus between the crime of conviction and drug activity. D.Nothing within this section shall be construed as precluding the court from issuing an order pursuant to this chapter that isn’t specifically a SODA order. Section 2. EMC 10.13.030 is amended as follows, with strikeout text deleted and underlined text added: A.Written orders issued under this chapter shall contain the court’s directives and shall bear the legend: WARNING: Violation of this order subjects the violator to rearrest under Chapter 10.13 EMC and may result in imposition of suspended or deferred jail time and/or fine. B.Whenever a police officer shall have probable cause to believe that a person is subject to an order issued under this chapter and the person knows of the order, and that a violation of the order is occurring in the officer’s presence, the officer shall have the authority to bring the person before the court wherein the order was issued, and for such purpose may rearrest such person without warrant or other process. C.Whenever a SODA order is issued under this section, and the person named in the order knows of the order, a violation of any of the provisions of the order is a gross misdemeanor. Section 3. The following is provided for reference and may not be complete: