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Ordinance 3234-11
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Ordinance 3234-11
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Ordinances
Ordinance Number
3234-11
Date
8/24/2011
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A. Whenever an order is granted under Chapter 7.90, 10.99, 26.09, 26.10, 26.26, 26.50 or 74.34 <br /> RCW, or there is a valid foreign protection order as defined in RCW 26.52.020, and the <br /> respondent or person to be restrained knows of the order, a violation of any of the following <br /> provisions of the order is a gross misdemeanor, except as provided in RCW 26.50.110(4) or <br /> RCW 26.50.110(5): <br /> 1. The restraint provisions prohibiting acts or threats of violence against, or stalking of, <br /> a protected party, or restraint provisions prohibiting contact with a protected party; <br /> 2. A provision excluding the person from a residence, workplace, school, or day care; <br /> 3. A provision prohibiting a person from knowingly coming within, or knowingly <br /> remaining within, a specified distance of a location; <br /> 4. A provision prohibiting interfering with the protected party's efforts to remove a pet <br /> owned, possessed, leased, kept, or held by the petitioner, respondent, or a minor child <br /> residing with either the petitioner or the respondent; or <br /> 5. A provision of a foreign protection order specifically indicating that a violation will <br /> be a crime. <br /> B. Upon conviction, and in addition to any other penalties provided by law, the court may <br /> require that the respondent submit to electronic monitoring. The court shall specify who shall <br /> provide the electronic monitoring services, and the terms under which the monitoring shall be <br /> performed. The order also may include a requirement that the respondent pay the costs of <br /> monitoring. The court shall consider the ability of the convicted person to pay for electronic <br /> monitoring. <br /> Section 12: <br /> Section 1 of Ordinance No. 2465-00 (EMC 10.22.050),which reads as follows: <br /> Violation of vulnerable adult protection order. <br /> Whenever an order for protection of a vulnerable adult is issued under Chapter 74.34 RCW, and <br /> the respondent or person to be restrained knows of the order, a violation of the provision <br /> restraining the person for committing acts of abuse, prohibiting contact with the petitioner, <br /> excluding the person from any specified location, or prohibiting the person from coming within a <br /> specified distance of a location, shall be punishable under Section 10.22.040, regardless of <br /> whether the person is a family or household member as defined in RCW 26.50.010. <br /> Is hereby amended to read as follows: <br /> Violation of vulnerable adult protection order. <br /> Whenever an order for protection of a vulnerable adult is issued under Chapter 74.34 RCW, -a <br /> knowing violation of the order is punishable under EMC 10.22.040, regardless of whether the <br /> respondent or person to be restrained is a family or household member as defined in this Title 10 <br /> of the Everett Municipal Code. <br /> Section 13: <br /> Section 1 of Ordinance No. 2919-06 (EMC 10.22.060),which currently reads as follows: <br /> Violation of sexual assault protection order. <br /> 7 <br />
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