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Ordinance 3047-07
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Ordinance 3047-07
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Ordinances
Ordinance Number
3047-07
Date
12/19/2007
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dollars. Upon the second conviction, the person shall be punished by imprisonment for <br /> not less than ninety days and a fine of not less than five hundred dollars. Upon the third <br /> or subsequent conviction, the person shall be punished by imprisonment for not less than <br /> one hundred eighty days and a fine of not less than one thousand dollars. The minimum <br /> sentence of confinement and fine required shall not be suspended or deferred. <br /> Is hereby amended to read as follows: <br /> Stay out of areas of prostitution orders—Issuance—Form- Violation. <br /> A. Any judge or judge pro tempore of the Everett Municipal Court may issue a <br /> written stay out of areas of prostitution orders, hereinafter known as a SOAP order, to <br /> anyone charged with or convicted of prostitution, soliciting for a lewd act, prostitution <br /> loitering or patronizing a prostitute under Chapter 10.24 of this code as a condition of <br /> pre-trial release or as a condition of suspension or deferral of their sentences. <br /> B. SOAP orders must be substantially in the form described in this section. <br /> C. The SOAP order shall contain the court's directives and shall bear the legend: <br /> "WARNING: Violation of this Order is a criminal offense under Chapter 10.24 EMC and <br /> will subject a violator to arrest." <br /> D. Whenever a police officer shall have probable cause to believe that a person is <br /> subject to a SOAP order, knows of the order, and in the officer's presence is violating or <br /> failing to comply with any requirement or restriction imposed by the order, such officer <br /> may arrest the violator without warrant or other process and bring said person before the <br /> court issuing the order. <br /> E. A person is deemed to have notice of the SOAP order when the signature of the <br /> person named in the order or their attorney is affixed to the bottom of the order, <br /> signifying that they have read the order and have knowledge of the contents of the order. <br /> F. Whenever a SOAP order is issued under this section, and the person named in the <br /> order knows of the order, a violation of any of the provisions of the order is a gross <br /> misdemeanor. Upon the first such conviction, the person shall be punished by <br /> imprisonment for not less than ten days and a fine of not less than two hundred fifty <br /> dollars. Upon the second conviction, the person shall be punished by imprisonment for <br /> not less than ninety days and a fine of not less than five hundred dollars. Upon the third <br /> or subsequent conviction, the person shall be punished by imprisonment for not less than <br /> one hundred eighty days and a fine of not less than one thousand dollars. The minimum <br /> sentence of confinement and fine required shall not be suspended or deferred. <br /> G. Nothing in any provision of EMC Chapter 10.24 related to SOAP orders shall be <br /> construed as prohibiting the subject of a SOAP order from participating in a scheduled <br /> court hearing or from attending a scheduled meeting with his/her legal counsel within a <br /> Prohibited Area. <br /> Section 2: <br /> Ordinance No. 1145-85 (the Everett Criminal Code, Title 10 of the EMC) is hereby <br /> amended by the addition of the following section: <br /> Stay out of areas of prostitution orders— Prohibited areas—Designation— <br /> Modification and termination. <br /> 3 <br />
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