HomeMy WebLinkAbout2738Section 1. Section 9.02.302 of the Kent City Code is
amended as follows:
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 arraignment or trial, on
bail or on 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 Chapter 10.99 RCW ((and Ken G
.)) and will subject the violator to
criminal prosecution.
Willful 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
misdemeanor subject to KCC 9.02.310. A certified copy of the
order shall be provided to the victim.
Section 2. Section 9.02.306 of the Kent City Code is
amended as follows:
ORDINANCE
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AN ORDINANCE of
Washington, relating
Sections 9.02.302 and
relating to domestic
the City of Kent,
to crime; amending
9.02.306 Kent City Code,
violence, no contact order
and restraining orders.
THE CITY COUNCIL OF THE
CITY OF KENT, WASHINGTON DOES
j HEREBY
ORDAIN AS FOLLOWS:
Section 1. Section 9.02.302 of the Kent City Code is
amended as follows:
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 arraignment or trial, on
bail or on 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 Chapter 10.99 RCW ((and Ken G
.)) and will subject the violator to
criminal prosecution.
Willful 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
misdemeanor subject to KCC 9.02.310. A certified copy of the
order shall be provided to the victim.
Section 2. Section 9.02.306 of the Kent City Code is
amended as follows:
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 persor
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
to be an accurate copy of the original by a notary public or by a
clerk of the court.
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 will
subjeet
subject the violator to criminal prosecution.
Section 2. Any act consistent with the authority and
prior to the effective date of this ordinance is hereby ratified
and confirmed.
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Section 3. 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.
ATTEST:
�JENS
...mayMARIE CIT CLERK
APPROVED AS TO FORM:
SANDRA DRIS'rCOLL, CITY
PASSED the /_day of,� c .-,., 1987.
APPROVED the R,�day of r-141 22 , 1987.
PUBLISHED the =—;X/ day of GZu�r, 1987.
I hereby certify that this is a true copy of Ordinance
passed by the City Council of the City of Kent,
Washington, and approved by the Mayor of the City of Kent as hereo
indicated.
4970-170
(SEAL)
MARIE JEN N, CITY C ERK
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