Ordinance 2417-99 - Laserfiche WebLink

is hereby amended to read as follows: Violation of Restraining Orders Issued Under Chapter 26.09 RCW. A. Whenever a restraining order is issued under Chapter 26.09 RCW, and the person to be restrained knows of the order, a violation of the provisions restricting the person from acts or threats of violence or of a provision restraining the person from going onto the grounds of or entering the residence, workplace, school, or day care of another is a misdemeanor. B. A person is deemed to have notice of a restraining order issued under chapter 26.09 RCW if: 1. The person to be restrained or the person's attorney signed the order, 2. The order recites that the person to be restrained or the person's attorney appeared in person before the court; 3. The order was served upon the person to be restrained; or 4. The peace officer gives the person oral or written evidence of the order by reading from it or handing to the person a certified copy of the original order, certified to be an accurate copy of the original by a notary public or by the clerk of the court. C. It is a defense to prosecution under subsection (A) of this section that the court order was issued contrary to law or court rule. Section 9: Severability. Should any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance or its application to any other person or situation. The City Council of the City of Everett hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, clauses, phrases or portions be declared invalid or unconstitutional. Section 10: Third Party Liability It is expressly the purpose of this ordinance to provide for and promote the health, safety and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this ordinance. It is the specific intent of this ordinance that no provisions nor any term used in this ordinance is intended to impose any duty whatsoever upon the City or any of its officers or employees, for whom the implementation and enforcement of this ordinance shall be discretionary and not mandatory. Nothing contained in this ordinance is intended nor shall be construed to create or form the basis of any liability on the part of the City, or its officers, employees or agents, for 6