Ordinance 3026-07 - Laserfiche WebLink

00111P ORDINANCE NO. 3026-07 An Ordinance relating to the violation of Domestic Violence Orders, amen. _ ection 4 of Ordinance No. 1234-86, as amended by Section 3 of Ordinance No. 1807-91, Section 3 of Ordinance 2291-98, Section 1 of Ordinance No. 2466-00, and Section 2 of Ordinance No.2919-06 (EMC 10.22.040). Whereas, the Everett City Council has been advised 2007 State Legislature amended provisions describing when a violation of a domestic violence no-contact, protection or restraining order is a gross misdemeanor to further service and protect victims who are protected by these orders; and Whereas,the State law amendments became effective July 22, 2007; and Whereas, the Everett City Council deems it appropriate for the City Criminal Code to be consistent with State law in this area; NOW, THEREFORE,THE CITY OF EVERETT DOES ORDAIN: Section 1: Section 4 of Ordinance No. 1234-86, as amended by Section 3 of Ordinance No. 1807-91, Section 3 of Ordinance 2291-98, Section 1 of Ordinance No. 2466-00, and Section 2 of Ordinance No.2919-06 (EMC 10.22.040),which reads as follows: Violation of order for protection. A. Whenever an order is granted under the Sexual Assault Protection Order Act (Sections 1 through 20 of Chapter 138, Laws of 2006), Chapter 10.99, 26.09, 26.10, 26.26, 26.50 or 74.34 RCW, or there is a valid foreign protection order as defined in RCW 26.52.020, and the respondent or person to be restrained knows of the order, a violation of the restraint provisions, or of a provision excluding the person from a residence, workplace, school, or day care, or of a provision prohibiting a person from knowingly coming within, or knowingly remaining within, a specified distance of a location, or of a provision of a foreign protection order specifically indicating that a violation will be a crime, for which an arrest is required under RCW 10.31.100(2)(a) or (b), is a gross misdemeanor, except as provided in subsections B and C of this section. Upon conviction, and in addition to any other penalties provided by law, the court may require that the respondent submit to electronic monitoring. The court shall specify who shall provide the electronic monitoring services, and the terms under which the monitoring shall be performed. The order also may include a requirement that the