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1818 - Ordinance - Criminal Violations of Court OrdersNOTICE OF CITY OF PORT ORCHARD ORDINANCE The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council meeting held March 12.2001. ORDINANCE NO. 1010 AN ORDINANCE OF THE CITY OF PORT ORCHARD. WASHINGTON REPEALING SECTION 10 OF ORDINANCE NO. 1724 SUBSECTIONS 9.18.070; 9.18.080; AMENDING SUBSECTION 9.18.020 AND ADDING NEW SUBSECTIONS 9.18.065; 9.18.075; 9.18.085; 9.18.095; 9.18.100; 9.18.110; 9.18.120; 9.18.130; 9.18.140; 9.18.150; AND 9.18.160 RELATING TO CRIMINAL VIOLATION OF COURT ORDERS. Copies of Ordinance No. 1818 are available for review at the office of the City Clerk of the City of Port Orchard. Upon written request a statement of the full text of the Ordinance will be mailed to any interested person without charge. Thirty days affer publication, copies of Ordinance No. 1818 will be provided at a nominal charge. City of Pori Orchard Michelle Merlin0 Deputy Clerk Publish: Port Orchard Independent Kitsaple~als(iisoundDublishine.com March 21,2001 ORDINANCE NO. I818 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON REPEALING SECTION 10 OF ORDINANCE NO. 1724 SUBSECTIONS 9.18.070; 9.18.080; AMENDING SUBSECTION 9.18.020 AND ADDING NEW SUBSECTIONS 9.18.065; 9.18.075; 9.18.085; 9.18.095; 9.18.100; 9.18.110; 9.18.120; 9.18.130; 9.18.140; 9.18.150; AND 9.18.160 RELATING TO CRIMINAL VIOLATION OF COURT ORDERS. WHEREAS, in 2000, the State Legislature amended numerous statutes dealing with criminal violations of no-contact orders, protection orders, restraining orders, foreign protection orders, and vulnerable adult protection orders; and WHEREAS, the City Council of the City of Port Orchard desires to update the Cityk Domestic Violence Protection Ordinance to incorporate the amended State Statutes, now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1 Ordinance No. 1724, Section 10 subsection 9.18.070 and 9.18.080 are hereby repealed in their entirety. SECTION 2. Ordinance No. 1724, Section 10 subsection 9.18.020 is hereby amended to read as follows: 9.18.020 Definitions. (1) RCW 10.99.020 and any amendments thereto, are adopted by (2) In addition to the crimes set forth in RCW 10.99.020, "Domestic Violence" also includes any reference. of the following crimes when committed by one family or household member against another: (a) (b) Fighting (POMC 9.16.030) (c) Reckless endangerment (POMC 9.16.040) (d) Harassment (POMC 9.16.050) (e) (9 Coercion (POMC 9.16.070) (9) (h) (i) (i) (k) (1) (m) (n) Vehicle prowling (POMC 9.28.100) (0) Stalking (POMC 9.16.080) Assault fourth degree (POMC 9.16.010) Telephone calls to harass, intimidate, torment or embarrass (POMC 9.16.060) Violation of certain court orders (POMC 9.18.150) Violation of an antiharassment order (POMC 9.18.160) Criminal trespass in the first degree (POMC 9.28.030) Criminal trespass in the second degree (POMC 9.28.040) Malicious mischief third degree (POMC 9.28.060) Possession of stolen property third degree (POMC 9.28.090) Theft third degree (POMC 9.28.090) SECTION 3, There is hereby added a new section to the Port Orchard Municipal Code which shall read as follows: 9.18.065 Victim contact---Restriction, prohibition--Violation, penalties - Written order---Procedures-Notice of change. RCW 10.99.050 is adopted by reference. Ordinance No. 1818 Page 2 of 3 There is hereby added a new section to the Port Orchard Municipal Code SECTION 4. which shall read as foilows: 9.18.075 Enforcement of nocontact order--Liability of peace officer. RCW 10.99.070 is adopted by reference. which shall read as follows: SECTION 5. There is hereby added a new section to the Port Orchard Municipal Code 9.18.085 Restraining orders issued under RCW 26.09--Notice-Ref~1sal to comply-Arrest---Penalty--Defense--Peace Officers Immunity. RCW 26.09.300 is adopted by reference. There is hereby added a new section to the Port Orchard Municipal Code Restraining orders issued under RCW 26.1O--Notice--Refusal to RCW 26.1 0.220 is adopted by SECTION 6. which shall read as follows: 9.18.095 Comply - Arrest---Penalty--Defense--Peace Officers Immunity. reference. SECTION 7. There is hereby added a new section to the Port Orchard Municipal Code which shall read as follows: 9.18.100 Restraining Orders issued under RCW 26.26 - Knowing violation-Law enforcement immunity. RCW 26.26.138 is adopted by reference. SECTION 8. There is hereby added a new section to the Port Orchard Municipal Code which shall read as follows: 9.18.1 10 Violation of foreign orders---Penalties. I RCW 26.52.070 is adopted by reference. SECTION 9, There is hereby added a new section to the Port Orchard Municipal Code which shall read as follows: 9.18.120 Violation of foreign orders - Peace officer immunity. RCW 26.52.050 is adopted by reference. SECTION IO. There is hereby added a new section to the Port Orchard Municipal Code which shall read as follows: 9.1 8.1 30 Orders Issued under RCW 74.34 for Protection of vulnerable adults - Knowing Violation. RCW 74.34.145(2) is adopted by reference. SECTION 11. There is hereby added a new section to the Port Orchard Municipal Code which shall read as follows: 9.1 8.1 40 Orders issued under RCW 26.50--Peace officer immunity. RCW 26.50.140 is adopted by reference. SECTION 12. There is hereby added a new section to the Port Orchard Municipal Code which shall read as follows: 9.18.150 Violation of order issued under RCW 10.99, 26.09, 26.50, 26.52 and 74.34-Penalties. RCW 26.50.1 10 is adopted by reference. Ordinance No. 1818 Page 3 of 3 SECTION 13. There is hereby added a new section to the Port Orchard Municipal Code which shall read as follows: 9.18.160 Violation of orders issued under RCW 10.14---Criminal Penalty. RCW 10.14.170 is adopted by reference. SECTION 14. If any section, subsection, paragraph, sentence. clause or phrase of this ordinance is declared unconstitutional or invalid for any reason, such invalidity shall not affect the validity or effectiveness of the remaining portions of this ordinance. This Ordinance shall be in full force and effect five (5) days after posting PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and SECTION 15. and publication as required by law. attested by the Clerk in authentication of such passage this 12m d y of March 2001. fi APqXvL CityAtto ey Sponsored by: