HomeMy WebLinkAboutOrdinance No. 2017-010 Adopting a New Chapter Relating to Stay out of Designated Area (SODA) Orders ORDINANCE NO. 2017-010
AN ORDINANCE OF THE CITY OF ARLINGTON,WASHINGTON
ADOPTING A NEW CHAPTER RELATING TO STAY OUT OF DESIGNATED AREA (SODA)
ORDERS
WHEREAS, the City of Arlington, Washington has the authority to enact laws to
protect citizens and visitors to the City; and
WHEREAS, the City Council believes it is in the best interests of its citizens to add
certain provisions to the City criminal code to provide additional tools to law enforcement
and the courts to protect the citizens;
NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as
follows:
Section 1. A new chapter of the Arlington Municipal Code shall be and hereby is
adopted to read as follows:
Chapter 9.60
STAY OUT OF DESIGNATED AREAS (SODA) ORDERS
Sections:
9.60.010 Orders - Conditions.
9.60.020 Person subject to court order defined.
9.60.030 Stay out of designated areas orders - Issuance - Other court orders.
9.60.040 Violation of order- Penalties.
9.60.OSO Prohibited areas - Designation - Modification and termination.
9.60.010 Orders- Conditions.
Any judge or judge pro tempore of the Marysville 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.
9.60.020 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 Arlington Municipal Code 9.60.010.
9.60.030 Stay out of designated areas orders - Issuance - Other court
orders.
(1) Any order issued pursuant to this chapter that specifically orders as a
condition of pretrial release and/or deferral or suspension of sentence that
ORDINANCE NO. 2017-010 1
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 Designated Areas")
order.
(2) 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 controlled substances, or any
violation of the Controlled Substances Act, RCW 69.70.
(3) Nothing within this section shall be construed as precluding the court
from issuing an order pursuant to this chapter that is not specifically a SODA
order.
9.60.040 Violation of order- Penalties.
(1) 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
arrest under Chapter 9.60 AMC and shall constitute a separate
criminal offense and may result in imposition of suspended or
deferred jail time and/or fine.
(2) Penalties. A person who knowingly and willfully disobeys a SODA ("Stay
Out of Designated Areas") order issued under this chapter is guilty of a gross
misdemeanor.
9.60.050 Prohibited areas - Designation - Modification and
termination.
(1) 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."
(2) Prohibited areas that are set forth in SODA orders may be established,
modified, or eliminated by a resolution of the city council. The police
department will provide information to the city council to support
establishing, modifying, or eliminating prohibited areas.
(3) 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 (2) of this section.
(4) 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.
(5) Unless otherwise ordered by the court, an order issued under this
ORDINANCE NO. 2017-010 2
chapter shall have as its termination date two years from the date of its
issuance.
(6) 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 Arlington police department. Upon receipt of the
copy of the order, the Arlington 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 Arlington police officers.
Upon receipt of notice that an order has been terminated, the Arlington
police department shall remove the order from the computer-based criminal
intelligence information system(s).
(7) 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.
Section 2. Severability. If any provision, section, or part of this ordinance shall be
adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of
the ordinance as a whole or any section, provision or part thereof not adjudged invalid or
unconstitutional.
Section 3. Effective Date. This ordinance shall be effective five days from its
adoption and publication as required by law.
PASSED BY the City Council and APPROVED by the Mayor this 7th day of August,
2017.
CITY OF ARLINGTON
Barbara Tolbert, Mayor
Attest:
Kristi anfield, City Clerk
Approved as to form:
Ste n ei e, i y Attorney
ORDINANCE NO. 2017-010 3
CERTIFICATION OF ORDINANCE
I, Kristin Banfield, being the duly appointed and acting Clerk of the City of Arlington,
Washington, a municipal corporation, do hereby certify that the following Ordinance No.
2017-010 was approved at the August 7, 2017 City Council meeting.
ORDINANCE NO. 2017-010
"AN ORDINANCE OF THE CITY OF ARLINGTON,WASHINGTON
ADOPTING A NEW CHAPTER RELATING TO STAY OUT OF
DESIGNATED AREA (SODA) ORDERS"
A true and correct copy of the original ordinance is attached.
Dated this 8th day of August, 2017.
Kristin nfield
City Clerk for the City of Arlington
SUMMARY OF ORDINANCE ADOPTION
You are hereby notified that on August 7, 2017, the City Council of the City of
Arlington,Washington, did adopt Ordinance No. 2017-010 entitled,
"AN ORDINANCE OF THE CITY OF ARLINGTON,WASHINGTON
ADOPTING A NEW CHAPTER RELATING TO STAY OUT OF
DESIGNATED AREA (SODA) ORDERS"
This ordinance is effective five days from passage and publication, except as
otherwise specified in the ordinance.
The full text of the ordinance is available to interested persons and will be mailed
upon request.
�J ILL
Kristin Banfield
City Clerk
City of Arlington