Ordinance 3048-07 - Laserfiche WebLink

ORDINANCE NO. 3048-07 An Ordinance relating to Violation of Court Orders, Amending Section 1 of Ordinance No. 2279-98 (EMC 10.13.010) and Section 3 of Ordinance No. 2279-98 (EMC 10.13.030), and adding three new sections to Chapter 10.13 of the Everett Municipal Code. Whereas, the City Council has been advised that Washington courts have consistently held that the right to travel is guaranteed by the United States Constitution and that the right applies to intrastate as well as interstate travel; and Whereas, following challenges to the City's Stay Out of Drug Areas ("SODA") ordinance and procedures, including challenges that its geographic exclusions unconstitutionally impinge upon the right to travel, the City Council deems it appropriate to clarify its legislative purpose for the Violation of Court Orders ordinance, Chapter 10.13 of the Everett Municipal Code and SODA orders, to-wit: not to penalize or interfere with the constitutional right to travel of persons in the city but instead to place reasonable geographic restrictions, at the discretion and with oversight of elected Municipal Court judges, upon persons who are charged with or convicted of crimes, where the orders are limited in time and limited to areas where there is ongoing activity; and Whereas, the City Council wishes to continue establishing predetermined SODA areas, recognizing that, in addition to the predetermined SODA prohibited areas, Municipal Court judges may on a case-by-case basis issue orders with prohibited areas for defendants that are different than the legislatively predetermined SODA areas; and Whereas, the City Council finds that the provisions of this Ordinance are necessary for the public health, safety and welfare; and Whereas, the Everett City Council finds that local business owners and the Everett Police Depallment reported an increase in crime in SODA areas; and Whereas, the Everett City Council finds that public on street parking, in part, enables criminal activity, and that the imposition of additional parking restrictions in SODA areas is appropriate to reduce crime; NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: