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Home My WebLink About3483 Ordinance ORDINANCE NO. 3483 AN ORDINANCE repealing Chapters 9.80 and 9.81 and amending Chapter 9.03 of the Pasco Municipal Code. WHEREAS, certain language in Title 9 of the Pasco Municipal Code is in need of modification, correction or defining to have consistent meaning and continuity within the Code and with the Revised Code of Washington and to make the Code easier to use and understand; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DOES ORDAIN AS FOLLOWS: § 1. Chapter 9.80 entitled "Out of County Court Orders" shall be and hereby is repealed in its entirety. § 2. Chapter 9.81 entitled "Franklin County Court Orders" shall be and hereby is repealed in its entirety. § 3. Chapter 9.03 of the Pasco Municipal Code is amended to read as follows (deletions by interlineation, additions by underlining): CHAPTER 9.03 CONTEMPT OF COURT/VIOLATION OF COURT ORDERS Sections: 9.03.010 men. Definitions. 9 03 011 Violation of Pasco Municipal Court Orders. 9.03.012 Violation of Other Court Orders. 9.03.020 Violation of Order Penaltyies. 9.03.010 DEFINITIONS. The definitions in this section apply throughout this chapter. (1) "Contempt of court" means willful: (a) Disorderly, contemptuous or insolent behavior toward the 'ud e while holding the court tending to impair its authopU, or to interrupt the due course of a trial or other 'udicial proceedings; b Disobedience of aLny lawful judgment, decree order,or _process of the court; (c) Refusal as a witness to appear, be sworn, or, without lawful authority, to answer a question, or -1- (d) Refusal, without lawful authority, to produce a record, document, or other object. 2 "Foreign protection order" means an injunction or other order related to domestic violence or family violence, harassment, sexual abuse, or stalking, for the purpose of preventing violent or threatening acts or harassment against, or contact or communication with or physical proximity to, another person issued by a court of another state territory, or possession of the United „States. the Commonwealth of Puerto Rico, or the District of Columbia. or any United States military tribunal., or tribal court,in a civil or criminal action as defined in RCW 26.52.010(3). (3) 'Person entitled to protection" means a person, regardless of whether the person was the moving party in the foreign jurisdiction, who is benefited by the foreign protection order as defined in RCW 26.52.010(6). (4) "Person under restraint" means a person regardless of whether the person was the responding party in the foreign jurisdiction, whose ability to contact or communicate with another person or to be physically close to another person is restricted by the forei= protection order. 9.03.011 VIOLATION OF PASCO MUNICIPAL COURT ORDERS. Any person willfully failing to comply with any provision condition or process of any order of the judge of the Pasco Municipal Court shall be guilty of a crime. Unless otherwise shown, a failure to comply shall be presumed to be willful. A violation of this section shall be a gross misdemeanor: however, the penally imposed under this section shall not exceed the maximum penaIjy for the on final crime char ed or, if there has been no charge the offense for which the person was arrested 9.03.012 VIOLATION OF OTHER COURT ORDERS AU person violating, within the Cit y of Pasco a court order issued by my court of competent jurisdiction of the State of Washington when the violation of such court order is a criminal misdemeanor or gross misdemeanor under (1) RCW 9A.46 (criminal no-contact order); or (2) RCW 10.99 (criminal no-contact order): or (3) RCW 10.14 (antiharassment order): or (4) RCW 26.09 (dissolution action order)• or 5 RCW 26.26 (parentage action order • or (6) RCW 26.44 restraining order issued on behalf of an abused child or adult dependent person); or 7 RCW 26.50 domestic violence protection order • or (8) RCW 26.52 (foreign Drotection order); or 9 RCW 74.34 order for protection of a vulnerable adult is subject to prosecution for such violation in the Pasco Municipal Court the same as any other criminal violation of this title -2- 9.03.020 VIOLATION OF ORDER—PENALTIIES. The penaRy ne ehafge-, the offense for-whieh the per-soft was affested (1) Whenever an order is granted by the Pasco Municipal Court or under any of the RCWs listed in section 9.03.012 above, and the defendant, respondent or person to be restrained knows of the order, a violation of the restraint provistons or of a provision excluding the person from a residence, workplace school or day care or prohibiting the person from knowingly coming within or knowingly remaining within, a specified distance of a location or of a provision of a foreign protection orderspecifically indicating that a violation will be a crime for which an arrest is required under RCW 10.31.100(2)(a) or b is a oss misdemeanor except as provided in subsections (4) and (5) of this section. (2.) A peace officer shall arrest without a warrant and take into custody a person whom the peace officer has probable cause to believe has violated an order issued by the Pasco Municipal Court or an order issued pursuant to RCW 10.99, 26.09, 26.10 26.26 26.50 74.34 or 26.52, that restrains the person or excludes the person from a residence, workplace school or day care or prohibits the person from knowingly coming within or knowingly remaining within, a specified distance of a location if the person restrained knows of the order. Presence of the order in the law enforcement computer-based criminal intelligence information system is not the only means of establishing knowledge of the order. (3) A violation of an order issued in Pasco Municipal Court, or under RCW 10 99 26 09 26 10 26.26 26.50, 74.34, or 26.52, shall also constitute contempt of court and is subject to the penalties prescribed by law. (4) AM assault that is a violation of an order issued by Pasco Municipal Court or under RCW 10.99, 26.09, 26.10, 26.26, 26.50, 74.34 or 26.52 that does not amount to assault in the first or second degree under RCW 9A 36 011 or 9A.36.021 is a class C felony, and any conduct in violation of such an order that is reckless and creates a substantial risk of death or serious physical injury to another person is a class C felony. (5) A violation of a court order issued by Pasco Municipal Court, or under RCW 10 99 26 09 26.10 26.26. 26.50, 74.34, or 26.52, is a class C feloLiy if the offender has at least two previous convictions for violating the provisions of an order issued under RCW 10.99 26.09 26.10 26.26 26.50 74.34 or 26.52. The previous convictions ma -3- involve the same victim or other victims specifically protected by the orders the offender violated. (6) Upon the filing of an affidavit by the petitioner or any peace officer alleging that the defendant, respondent, or person under restraint has violated an order granted under the Pasco Municipal Code, or under RCW 10.99 26.09, 26.10, 26.26, 26.50, 74.34, or 26.52, the court may issue an order to the defendant, respondent, or person under restraint, requiring that person to appear and show cause within fourteen (14) days why he or she should not be found in contempt of court and punished accordingly. The hearing may be held in the court of any county or municipality in which the petitioner or respondent temporarily or permanently resides at the time of the alleged violation. § 4. If any section, subsection, paragraph, sentence, clause, phrase, or word of this ordinance is declared unconstitutional or invalid for any reason, it shall be severed, and such decision shall not affect the validity of the remaining parts of this ordinance. § 5. All chapters repealed by this ordinance shall remain in full force and effect until the effective date of this ordinance. § 6. This Ordinance shall take effect five (5) days after passage and publication. PASSED by the City Council of the City of Pasco this 20`h Day of August, 2001. Michael L. darGson, Mayor ATTEST: APP VED` S TO FORM: Catherine D. Seaman, Deputy City Clerk Leland B. Kerr, City Attorney -4-