07/26/2022 - Regular - Additional Docs-SRCity of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 ( FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.:
Business Item
Meeting Date:
July 26, 2022
Subject:
Ordinance Repealing and Replacing POMC
Prepared by:
Charlotte Archer, City Atty
9.18, Domestic Violence Protection Orders
Atty Routing No.:
366922-0012 - PD
Atty Review Date:
N/A
Summary: The City of Port Orchard adopted by reference the state statutes pertaining to domestic violence prevention, including Chapter 26.50 RCW, codified at Port Orchard Municipal
Code Chapter 9.18, Domestic Violence Protection Orders. In 2021, the Washington state legislature enacted Engrossed Second Substitute House Bill 1320 (E2SHB 1320), with a relevant effective
date of July 1, 2022, 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. 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. Due to these new laws, the City needs to update POMC Chapter 9.18 to reflect the most current applicable state laws. During the preparation
of this ordinance, staff identified some sections of Chapter 9.18 that reference state statutes that were previously repealed by the state legislature. This ordinance would repeal and
replace POMC Chapter 9.18 to adopt by reference new Chapter 7.105 RCW and to remove references to repealed provisions of state law.
The Prosecuting Attorney identified this issue on July 25, 2022, has asked that this Ordinance be included on the July 26, 2022, meeting as the new law went into effect on July 1, 2022.
Recommendation: Staff recommends that the City Council adopt an Ordinance repealing and replacing Chapter 9.18, RCW, Domestic Violence Protection Orders, in response to recent changes
in state law.
Relationship to Comprehensive Plan: N/A
Motion for consideration: I move to adopt an Ordinance repealing and replacing Port Orchard Municipal Code Chapter 9.18, domestic Violence Protection Orders.
Fiscal Impact: None anticipated.
Alternatives: Not adopt this Ordinance and provide further guidance.
Attachments: Ordinance
Interlocal Agreement Checklist