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ORDINANCE No. <br /> AN ORDINANCE Relating to Violation of Court Orders,Amending Ordinance No. 1145- <br /> 85 as Amended(EMC 10.13.025). <br /> Whereas, since the previous 2007 amendment of this ordinance the prosecutors of the <br /> City have reported increased prosecution of drug-trafficking related crimes including Loitering <br /> for the Purpose of Engaging in Drug-Related Activity and Criminal Attempt of Class C Felonies <br /> codified in Chapter 69.50 RCW Uniform Controlled Substances Act; and <br /> Whereas,following challenges to the City's Stay Out of Drug Areas ("SODA") <br /> ordinance and procedures, including challenges that its geographic exclusions unconstitutionally <br /> impinge upon the right to travel, the City Council deemed it appropriate in 2007 to clarify its <br /> legislative purpose for the Violation of Court Orders ordinance, Chapter 10.13 of the Everett <br /> Municipal Code and SODA orders, to-wit: not to penalize or interfere with the constitutional <br /> right to travel of persons in the city but instead to place reasonable geographic restrictions, at the <br /> discretion and with oversight of elected Municipal Court judges,upon persons who are charged <br /> with or convicted of crimes, where the orders are limited in time and limited to areas where there <br /> is ongoing activity; and <br /> Whereas,the City Council maintains the above legislative purpose; and <br /> Whereas,the City Council fords that the provisions of this Ordinance are necessary for <br /> the public health, safety and welfare; <br /> NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: <br /> Section 1. Ordinance 1145-85, as Amended by Section 2 of Ordinance No. 2048-07 (EMC <br /> 10.13.025), which reads as follows: <br /> Stay Out of Drug Areas orders—Issuance—Other court orders. <br /> A. Any order issued pursuant to Chapter 10.13 EMC that specifically orders as a condition of <br /> pretrial release and/or deferral or suspension of sentence that the defendant stay out of areas with <br /> a high level of illegal drug trafficking shall be hereinafter referred to as a "SODA" ("Stay Out of <br /> Drug Areas") order. <br /> B. SODA orders may be issued to anyone charged with or convicted of possession of drug <br /> paraphernalia, manufacture/delivery of drug paraphernalia, delivery of drug paraphernalia to a <br /> 2 <br />