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07/26/2022 - Regular - Additional Docs-Ordinance ORDINANCE NO. _______________ AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, PERTAINING TO DOMESTIC VIOLENCE PROTECTION; REPEALING AND REPLACING PORT ORCHARD MUNICIPAL CODE CHAPTER 9.18; PROVIDING FOR SEVERABILITY AND PUBLICATION; AND SETTING AN EFFECTIVE DATE. WHEREAS, the City of Port Orchard has enacted laws pertaining to domestic violence protection at Port Orchard Municipal Code Chapter 9.18, consistent with the laws of Washington; and WHEREAS, in 2021, the Washington State Legislature enacted Engrossed Second Substitute House Bill 1320 (E2SHB 1320), which established a new chapter of law to govern all types of protection orders, including domestic violence protection orders, sexual assault protection orders, stalking protection orders, anti-harassment protection orders, vulnerable adult protection orders, and extreme risk protection orders; and WHEREAS, in 2022, the Legislature enacted Substitute House Bill 1901 (SHB 1901), which built upon E2SHB 1320 by consolidating and harmonizing former laws governing protection orders to provide more uniformity in the rules and procedures that govern protection order petitions and proceedings; and WHEREAS, E2SHB 1320 repealed Chapter 20.10 RCW, Domestic Violence Prevention, effective July 1, 2022, and adopted new laws, codified at Chapter 7.105 RCW, which were amended by SHB 1901, effective July 1, 2022; and WHEREAS, an audit of POMC 9.18 identified other provisions of the chapter that cited to state laws that were previously repealed; and WHEREAS, by this Ordinance, the City Council repeals and replaces POMC 9.18 in response to the recent laws and to ensure the City’s laws pertaining to domestic violence protection are current; and WHEREAS, the City Council finds it is in the best interests of the residents of Port Orchard to enact this Ordinance to protect public health and safety; Now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Repealer. Chapter 9.18 of the Port Orchard Municipal Code is hereby repealed in its entirety. SECTION 2. Adoption. New Chapter 9.18 of the Port Orchard Municipal Code is adopted to read as follows: Chapter 9.18 DOMESTIC VIOLENCE PROTECTION Sections: 9.18.010 State statutes adopted by reference. 9.18.010 State statutes adopted by reference. The following sections of the Revised Code of Washington, as they appear now or are hereafter amended, are hereby adopted by reference as though fully set forth in this chapter: Chapter 7.105 RCW – Civil Protection Orders, including all sections thereof; RCW 10.99.010 – Purpose – Intent RCW 10.99.020 – Definitions RCW 10.99.030 – Law enforcement officers – Training, powers, duties – Domestic violence reports RCW 10.99.040 – Duties of court – No-contact order RCW 10.99.045 – Appearances by defendant – Defendant’s history – No-contact order RCW 10.99.050 – Victim contact – Restriction, prohibition – Violation, penalties – Written order – Procedures – Notice of change RCW 10.99.055 – Enforcement of orders RCW 10.99.060 – Prosecutor’s notice to victim – Description of available procedures RCW 10.99.070 – Liability of peace officers RCW 10.99.080 – Penalty assessment RCW 10.99.080 – Penalty assessment RCW 10.99.090 – Policy adoption and implementation RCW 10.99.100 – Sentencing – Factors – Defendant’s criminal history RCW 10.99.901 – Construction – Chapter applicable to state registered domestic partnerships RCW 26.09.300 - Restraining orders—Notice—Refusal to comply—Arrest—Penalty—Defense—Peace officers, immunity RCW 9A.36.150 - Interfering with the reporting of domestic violence. RCW 26.52.070 - Violation of foreign orders—Penalties. RCW 26.52.050 – Peace officer immunity SECTION 2. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. SECTION 3. Publication. This Ordinance shall be published by an approved summary consisting of the title. SECTION 4. Savings Clause. Chapter 9.18 of the Port Orchard Municipal Code which are impacted by this ordinance shall remain in force and effect as set out prior to this ordinance until the effective date of this ordinance. This ordinance shall not be construed as affecting any existing right acquired under the laws repealed, nor as affecting any proceeding instituted thereunder, nor any rule, regulation or order promulgated thereunder. SECTION 5. Effective Date. This Ordinance shall take effect and be in full force and effect five days after publication, as provided by law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 26th day of July 2022. Robert Putaansuu, Mayor ATTEST: Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM: SPONSORED BY: Charlotte A. Archer, City Attorney ____________, Councilmember PUBLISHED: EFFECTIVE DATE: