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
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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
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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
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