031-22 - Ordinance - Domestic Violence ProtectionDocuSign Envelope ID: A2C811E0-9DF9-4481-8889-D86CEABAC818
ORDINANCE NO.031-22
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WHEREAS, E2SHB 1320 repealed Chapter 20.50 RCW, Domestic Violence Prevention,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laws that were previously repealed; and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 Chapter 9.18 of the Port Orchard Municipal Code is hereby repealed in its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.
DocuSign Envelope ID: A2C811E0-9DF9-4481-8889-D86CEABAC818
Ordinance No. 031-22
Page 2 of 3
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:
reports
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
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
DocuSign Envelope ID: A2C811 EO-9DF9-4481-8889-D86CEABAC818
Ordinance No. 031-22
Page 3 of 3
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.
DocuSigned by:
�obt*f P4MM W,
Robert Putaansuu, Mayor
I i;gned by:
6v'A141 (PAau-
Brandy Wallace, MMC, City Clerk
APPROVED AS TO FORM:
SPONSOR:
cuSigned by:
F
Charlotte A. Archer, City Attorney
J n Clauson, Councilmember
PUBLISHED: July 29, 2022
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EFFECTIVE DATE: August 3, 2022��•�°
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