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ORDINANCE NO. 3-3 7 0
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Sections
9.02.302, 9.02.304 and 9.02.310 of the Kent
City Code relating to the violation of a
protection order and the violation of a no
contact order and the penalties therefor.
WHEREAS, the Kent City Code currently defines the crime
of violation of a protection order and violation of a no contact
order as misdemeanors; and
WHEREAS, the Washington State Legislature has recently
ire -defined the crimes of violation of a protection order and
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violation of a no contact order as gross misdemeanors which have
different penalties than misdemeanors; and
WHEREAS, the City Council desires to amend its code to
make penalties for violation of protection orders and no contact
orders consistent with State law; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES
HEREBY ORDAIN AS FOLLOWS:
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SECTION 1. Section 9.02.302 of the Kent City Code is
hereby amended to read as follows:
Section 9.02.302. Same --Violation of a no contact order.
When any person arrested for or charged with a crime
involving domestic violence 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 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.
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 arg oss 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.
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SECTION 2. Section 9.02.304 of the Kent City Code is
hereby amended to read as follows:
Sec. 9.02.304. Same --Violation of a protection order.
Whenever an order for protection is granted under RCW
ch. 26.50 and the respondent or person to be restrained knows of
the order, a violation of the restraint provisions or of a
provision excluding the person from a residence is a gross
misdemeanor. In addition the person violating such order is
subject to the penalty provided in section 9.02.310.
SECTION 3. Section 9.02.310 of the Kent City Code is
hereby amended to read as follows:
Sec. 9.02.310. Same--j-Contemvt of Court.
violations of sections 9.02.302, 9.02.304,
9.02.306, and 9.02.308 may also constitute contempt of court, and
are subject to the penalties prescribed by law.
SECTION 4. Severability. If any section, sentence,
clause or phrase of this ordinance should be held to be invalid
or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity
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or constitutionality of any other section, sentence, clause or
phrase of this ordinance.
SECTION 5. Effective Date. This ordinance shall
take effect and be in force thirty (30) days from and after its
passage, approval and publication as provided by�.
Jj?MI WHITE, MAYOR
ATTEST:
BRENDA JACOB JiTY CLERK
APPROVED AS TO FORM:
RO R A. LUBOVICH, CITY ATTORNEY J_
PASSED / % day of 1995.
APPROVED D-0 day of 1995.
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PUBLISHED day of 1995.
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I hereby certify that this is a true copy of ordinance
No. �oZ%D , passed by the City Council of the City of Kent,
Washington, and approved by the Mayor of the City of Kent as
hereon indicated.
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(SEAL)
BRENDA JAC ER, CITY CLERK
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