Ordinance 2919-06 - Laserfiche WebLink

Ordinance No. 2919-06 An Ordinance relating to Sexual Assault Protection Orders, adding a section to Ordinance No. 1234-86 (EMC Chapter 10.22) and amending Section 4 of Ordinance No. 1234-86, as amended by Section 3 of Ordinance 1807-91, section 3 of Ordinance 2291- 98 and Section 1 of Ordinance 2466-00 (EMC 10.22.040). Whereas, in 2006 the State Legislature enacted the Sexual Assault Protection Order Act, creating a new special proceeding for petitioning for a civil sexual assault protection order and authorizing courts to issue criminal sexual assault protection orders in criminal sex offense cases; and Whereas, the majority of sexual assault protection order violations are gross misdemeanor crimes; and Whereas, the Everett City Council deems it appropriate for City laws related to sexual assault protection order violations to be consistent with State law; NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: Section 1: Ordinance No. 1234-86 (EMC Chapter 10.22) is hereby amended by the addition of the following section: Violation of Sexual Assault Protection Order. Whenever a sexual assault protection order is issued under the Sexual Assault Protection Order Act (sections 1 through 20 of Chapter 138, Laws of 2006), a knowing violation of the order is punishable under EMC 10.22.040. Section 2: Section 4 of Ordinance 1234-86, as amended by Section 3 of Ordinance 1807-91, section 3 of Ordinance 2291-98 and Section 1 of Ordinance 2466-00 (EMC 10.22.040), which reads as follows: Violation of order for protection. A. Wherever an order is granted under Chapter 10.99, 26.09, 26.10, 26.26, 26.50 or 74.34 RCW, or there is a valid foreign protection order as defined in RCW 26.52.020, and the respondent or person to be restrained knows of the order, a violation of the restraint provisions, or of a provision excluding the person from a residence, workplace, school, or day care, or of a provision prohibiting a person from knowingly coming within, or knowingly remaining within, a specified