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HomeMy WebLinkAbout2659ORDINANCE NO. c:;Zu S �( AN ORDINANCE of the City of Kent, Washington, relating to crime; adding new Sections 9.02.300, 9.02.302, 9.02.304, 9.02.306, and 9.02.310 as a subchapter in the Kent City Code relating to domestic violence, no contact orders, protection and restraining orders, and providing penalties for violation thereof. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1. A new subchapter consisting of Section 9.02.300, 9.02.302, 9.02.304, 9.02.306, and 9.02.310 is added to the Kent City Code as follows: DOMESTIC VIOLENCE 9.02.300. FINDING OF DOMESTIC VIOLENCE - DEFINITION. A. There is a substantial likelihood of repeated violence directed at those who have been victims of domestic violence. B. Domestic violence as used in this chapter means physical harm, bodily injury, assault or the infliction of fear or imminent physical harm, bodily injury or assault between family or household members; including spouses, former spouses, adult persons related by blood or marriage, persons who are presently residing together or who have resided together in the past, and persons who have a child in common, regardless of whether they have been married or have lived together at any time. 9.02.302. VIOLATION OF A NO CONTACT ORDER. When any person arrested for or charged with a crime involving domestic violence is released from custody before i arraignment or trial, on bail or personal recognizance, or after trial before sentencing, or as a condition of any sentence M imp, osed 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: I Violation of this order is a criminal offense under Chapter 10.99 RCW and Kent City Code 9.02.310 and will subject the violator to arrest. 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 I misdemeanor subject to KCC 9.02.310. A certified copy of the order shall be provided to the victim. 9.02.304. VIOLATION OF A PROTECTION ORDER. Whenever an Order for Protection is granted under Chapter 26.50 RCW, 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 misdemeanor subject to KCC 9.02.310. 9.02.306. VIOLATION OF A RESTRAINING ORDER. A. Whenever a restraining order is issued pursuant to Chapter 26.09 RCW and the person to be restrained knows of the order, a violation of the provisions restricting the person from acts or threats of violence or of a provision excluding the person from a residence is a misdemeanor subject to KCC 9.02.310. B. A person is deemed to have notice of a restraining order if: 1. The person to be restrained or the person's attorney sign the order; or 2. The order recites that the person to be restrained or the person's attorney appeared in person before the Court; or 3. The order was served upon the person to be restrained; or 4. The peace officer gives the person oral or written evidence of the order by reading from it or handing to a person a certified copy of the original order which is certified - 2 - to be an accurate copy of the original by a notary public or by a clerk of the court. 'j C. It is a defense to prosecution under this section that the court erroneously issued the order contrary to law or court rule. D. Restraining orders issued under Chapter 26.09 RCW restraining a person from harming or disturbing another party or from entering a party's home shall bear the legend: Violation of this order with actual notice of its contents is a criminal offense under Chapter 26.09 RCW and 9.02.310 Kent City Code and will subject the violator to arrest. 9.02.310. PENALTY. A. A violation of KCC 9.02.302, 9.02.304, and 9.02.306 shall be a misdemeanor punishable by 365 days in jail and/or a $1,000 fine. B. Violations of KCC 9.02.302, 9.02.304, and 9.02.306 may also constitute contempt of court, and are subject to the penalties prescribed by law. Section 2. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication as provided by law. 1 '; ATTEST: MARIE JENSE ITY CLERK DAN KELLEHER, MAYOR - 3 - APPROVED AS TO FORM: C , CITY ATTORNEY .Jr�l.rAi►tSArJ, f�a7rrJ� PASSED the day of , 1986. APPROVED the 7 day of , 1986. PUBLISHED the /0 day of-d�- , 1986. I hereby certify that this is a true copy of Ordinance No. v`Z , passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereo indicated. 03880-140 ��-r.,.� (SEAL) MARIE J EN, CITY CLERK - 4 -