HomeMy WebLinkAbout3366Ordinance No. 3366
["Beginning July 1, 1998"]
(Amending or Repealing Ordinances)
Repealed by Ord. 3621 (Ch. 9.02)
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ORDINANCE NO. 3,-3 6 L
AN EMERGENCY ORDINANCE of the City
/I „ Council of the City of Kent, Washington, amending Section
O� 9.02.302 of the Kent City Code to include provisions which
3 g� provide the court with a means of prohibiting a defendant
350
who is charged with a crime involving domestic violence
from having contact with the victim of the crime while the
defendant remains in custody when charges are pending;
and further declaring an emergency for the protection of
public health, safety, and welfare.
WHEREAS, providing the court with the ability to prohibit a defendant who
is charged with a crime involving domestic violence from contacting the victim of the
crime while the defendant remains in custody while the charges are pending will provide
for better protection of the victim; and
WHEREAS, Section 9.02.302 of the Kent City Code as currently enacted
may not provide the court with the means of prohibiting a defendant from contacting the
victim while the defendant is in custody while the charges are pending; and
WHEREAS, RCW 35A11.090 and RCW 35A.12.130 allow for the adoption
of emergency ordinances; and
WHEREAS, the City Council finds that amending the City Code as set fortl
herein by enactment of an emergency ordinance is appropriate and necessary for the health
safety, and welfare of the public; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION]. Section 9.02.302 of the Kent City Code is amended to read
as follows:
Sec. 9.02.302. Same --Violation of a no contact order.
A. When any person arrested for or charged with a crime involving domestic
violence remains in custody while the charge is pending or is released from custody before
arraignment or trial on bail or personal recognizance or after trial before sentencing or as
a condition of any sentence imposed, the court authorizing the release or setting bail or
ordering the defendant to remain in custody may prohibit the person from having any
contact with any victim. The written order releasing the defendant shall contain the court's
directives and shall bear the legend: Violation of this order is a criminal offense under
RCW ch. 10.99 and will subject a violator to arrest. Any assault or reckless endangerment
that is a violation of this order is a felony.
B. Wilful violation of a court order issued under this section or of an order
issued by any court of competent jurisdiction under equivalent statute or ordinance is a
gross misdemeanor. In addition, the person violating such order is subject to the penalty
provided in section 9.02.310. A certified copy of the order shall be provided to the victim.
SECTION 2. - Severability. If any one or more sections, subsections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall
not affect the validity of the remaining portion of this Ordinance and the same shall remain
in full force and effect.
SECTION 3. - Effective Date. This emergency ordinance shall take effect
and be in force immediately upon adoption.
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ATTEST:
BRENDA JAC
APPROVED AS TO FORM:
CLERK
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BOVICITY A. LUCH,CI-
PASSED: oA / day of , 1997.
APPROVED: A-�- day of-���--�— , 1997.
PUBLISHED: day of / (/ _, 1997.
I hereby certify that this is a true copy of Ordinance No. 9366 , passed
by the City Council of the City of Kent, Washington, and approved by the Mayor of the
City of Kent as hereon indicated.
(SEAL)
BRENDA JAC E , CITY CLERK
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