Skip to main content
Loading…
This section is included in your selections.

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 the subject’s 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 Bothell police department. Upon receipt of the copy of the order, the Bothell 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 Bothell police officers. Upon receipt of notice that an order has been terminated, the Bothell 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 the subject’s legal counsel within a prohibited area. (Ord. 2218 § 1 (Exh. A), 2017).