Chapter 10.13
VIOLATION OF COURT ORDERS
Sections:
10.13.020 Person subject to court order defined.
10.13.025 Stay out of drug areas orders—Issuance—Other court orders.
10.13.030 Violation of order—Rearrest.
10.13.040 Prohibited areas—Designation—Modification and termination.
10.13.050 Prohibited areas—Additional administrative restrictions.
10.13.010 Orders—Conditions.
Any judge or judge pro tempore of the Everett municipal court may issue written orders to criminal defendants describing conditions of their pretrial release or the post-conviction conditions of suspension or deferral of their sentences. Orders must be substantially in the form described in this chapter. (Ord. 3048-07 § 1, 2007: Ord. 2279-98 § 1, 1998)
10.13.020 Person subject to court order defined.
As used in this chapter, “person subject to court order” means any person who is subject to an order issued under Section 10.13.010. (Ord. 2279-98 § 2, 1998)
10.13.025 Stay out of drug areas orders—Issuance—Other court orders.
A. Any order issued pursuant to this chapter that specifically orders as a condition of pretrial release and/or deferral or suspension of sentence that the defendant stay out of areas with a high level of illegal drug trafficking shall be hereinafter referred to as a “SODA” (“Stay Out of Drug Areas”) order.
B. SODA orders may be issued to anyone charged with or convicted of possession of drug paraphernalia, manufacture/delivery of drug paraphernalia, delivery of drug paraphernalia to a minor, selling/giving drug paraphernalia to another person, possession of marijuana, loitering for the purpose of engaging in drug-related activity, criminal attempt of any class C felony codified in the Uniform Controlled Substances Act, Chapter 69.50 RCW as currently enacted or later amended as though such section was set forth herein in full, or any of the aforementioned crimes that occur within a drug-free zone.
C. SODA orders may also be issued to anyone convicted of a crime in which the court finds a nexus between the crime of conviction and drug activity.
D. Nothing within this section shall be construed as precluding the court from issuing an order pursuant to this chapter that isn’t specifically a SODA order. (Ord. 3550-17 § 1, 2017: Ord. 3048-07 § 2, 2007)
10.13.030 Violation of order—Rearrest.
A. Written orders issued under this chapter shall contain the court’s directives and shall bear the legend:
WARNING: Violation of this order subjects the violator to rearrest under Chapter 10.13 EMC and may result in imposition of suspended or deferred jail time and/or fine.
B. Whenever a police officer shall have probable cause to believe that a person is subject to an order issued under this chapter and the person knows of the order, and that a violation of the order is occurring in the officer’s presence, the officer shall have the authority to bring the person before the court wherein the order was issued, and for such purpose may rearrest such person without warrant or other process. (Ord. 3048-07 § 3, 2007: Ord. 2279-98 § 3, 1998)
10.13.040 Prohibited areas—Designation—Modification and termination.
A. Whenever an order is issued under this chapter, the subject of the order may be ordered to stay out of certain areas that are set forth within the written order. These areas will hereinafter be referred to as “prohibited areas.”
B. Prohibited areas that are set forth in SODA orders shall be established by a resolution of the city council, at a minimum of every two years. The police department shall provide information to the city council to support establishment and/or the elimination of prohibited areas in the form of one or more declarations and/or other sworn testimony. The declaration(s) and/or other sworn testimony shall:
1. Be by declarant(s) familiar with areas of the city that suffer a high incidence of drug trafficking activity;
2. Set forth the education, experience and other relevant qualifications of the declarant(s);
3. Set forth the basis for proposing prohibited areas, e.g., crime mapping data or other information;
4. Describe the proposed prohibited areas; and
5. Provide other information that supports the council’s review and determination of prohibited areas.
C. Prohibited areas that are set forth in orders issued under this chapter other than SODA orders may be set by court discretion and are not required to be set in accordance with subsection B of this section.
D. Upon request for modification or termination of any order issued under this chapter, the court shall consider the requested modification or termination by allowing for a process by which the subject of the order can provide relevant testimony or other evidence in support of his/her request.
E. Unless otherwise ordered by the court, an order issued under this chapter shall have as its termination date two years from the date of its issuance.
F. Whenever an order is issued, modified or terminated pursuant to this chapter, the clerk of the court shall forward a copy of the order on or before the next judicial day to the Everett police department. Upon receipt of the copy of the order, the Everett police department shall enter the order until the expiration date specified on the order into any computer-based criminal intelligence information system(s) available to Everett police officers. Upon receipt of notice that an order has been terminated, the Everett police department shall remove the order from the computer-based criminal intelligence information system(s).
G. Nothing in any provision of this chapter related to SODA orders shall be construed as prohibiting the subject of a SODA order from participating in a scheduled court hearing or from attending a scheduled meeting with his/her legal counsel within a prohibited area. (Ord. 3048-07 § 4, 2007)
10.13.050 Prohibited areas—Additional administrative restrictions.
If the traffic engineer or his designee, in consultation with the police chief or his designee, determines that the use of public rights-of-way for parking in a prohibited area contributes to drug crime in the area, he may designate the area a permit parking zone.
A. Any prohibited area may be designated a permit parking zone and, if so designated, permits shall be issued to property and business owners, employees and residents within the prohibited area.
B. The city clerk is authorized to issue permits for permit parking on public rights-of-way within the designated permit parking zone. Additionally, the city clerk is authorized to promulgate the rules and regulations to administer this program, including but not limited to rules governing eligibility for a permit, application process, permit fee, visitor’s permits and the revocation or surrender of a parking permit.
C. Vehicles parked in a designated permit parking zone as provided herein without a valid permit or visitor’s permit which permit is properly displayed are in violation of and subject to the provisions of Chapter 46.28.
D. Permit parking zones may be designated a tow-away zone. Vehicles parked in a permit parking zone, designated as provided herein, also posted a tow-away zone, without a valid permit or visitor’s permit are subject to impound by a private property owner in accordance with Chapter 46.55 RCW, or a police officer or parking enforcement officer in accordance with Chapter 46.10. (Ord. 3048-07 § 5, 2007)