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1 ORDINANCE NO. /6 Q a - 90 <br /> 2 <br /> 3 AN ORDINANCE relating to custodial interference, amending Section <br /> 36 of Ordinance 1145-85 (EMC 10.16.030) . <br /> 4 <br /> 5 <br /> THE CITY OF EVERETT DOES ORDAIN: <br /> 6 <br /> Section 1 : Section 36 of Ordinance 1145-85 (EMC 10.16.030) , which <br /> 7 <br /> , eads as follows: <br /> 8 <br /> 9 Custodial Interference. <br /> 10 A. A relative of a person is guilty of Custodial Interference <br /> if, with the intent to deny access to such person by a <br /> 11 parent, guardian, institution, agency, or other person <br /> having a lawful right to physical custody of such person, <br /> 12 the relative takes, entices, retains, detains, or conceals <br /> the person from a parent, guardian, institution, agency, or <br /> 13 other person having a lawful right to physical custody of <br /> such person. <br /> 14 <br /> B. Custodial Interference is a gross misdemeanor. <br /> 15 <br /> C. In any prosecution of Custodial Interference, it is a <br /> 16 complete defense, if established by the defendant by a <br /> preponderance of the evidence, that the defendant's purpose <br /> 17 was to protect the child, incompetent person, or himself or <br /> herself from imminent physical harm, and that the belief in <br /> 18 the existence of the imminent physical harm was reasonable. <br /> 19 D. Consent of a child less than sixteen (16) years of age or <br /> of an incompetent person does not constitute a defense to <br /> 20 Custodial Interference. <br /> 21 E. Any reasonable expenses incurred in locating or returning a <br /> child or incompetent person shall be assessed against a <br /> 22 defendant convicted of Custodial Interference. <br /> 23 <br /> is hereby amended to read as follows: <br /> 24 <br /> 25 Custodial Interference. <br /> 26 A. A relative of a person is guilty of Custodial Interference <br /> if, with the intent to deny access to such person by a <br /> 27 parent, guardian, institution, agency, or other person <br /> having a lawful right to physical custody of such person, <br /> 28 the relative takes, entices, retains, detains, or conceals <br /> the person from a parent, guardian, institution, agency, or <br /> 29 other person having a lawful right to physical custody of <br /> such person. This subsection shall not apply to a parent's <br /> 30 non-compliance with a court-ordered parenting plan. <br /> 31 B. A parent of a child is guilty of Custodial Interference <br /> if: 1 ) the parent takes, entices , retains, detains, or <br /> 32 <br />