A. Any judge or judge pro tempore of the Everett municipal court may issue a written stay out of areas of prostitution order, hereinafter known as a SOAP order, to anyone charged with or convicted of prostitution, soliciting for a lewd act, prostitution loitering or patronizing a prostitute under this chapter as a condition of pretrial release or as a condition of suspension or deferral of their sentences.

B. SOAP orders must be substantially in the form described in this section.

C. The SOAP order shall contain the court’s directives and shall bear the legend:

WARNING: Violation of this Order is a criminal offense under Chapter 10.24 EMC and will subject a violator to arrest.

D. Whenever a police officer shall have probable cause to believe that a person is subject to a SOAP order, knows of the order, and in the officer’s presence is violating or failing to comply with any requirement or restriction imposed by the order, such officer may arrest the violator without warrant or other process and bring said person before the court issuing the order.

E. A person is deemed to have notice of the SOAP order when the signature of the person named in the order or their attorney is affixed to the bottom of the order, signifying that they have read the order and have knowledge of the contents of the order.

F. Whenever a SOAP order is issued under this section, and the person named in the order knows of the order, a violation of any of the provisions of the order is a gross misdemeanor. Upon the first such conviction, the person shall be punished by imprisonment for not less than ten days and a fine of not less than two hundred fifty dollars. Upon the second conviction, the person shall be punished by imprisonment for not less than ninety days and a fine of not less than five hundred dollars. Upon the third or subsequent conviction, the person shall be punished by imprisonment for not less than one hundred eighty days and a fine of not less than one thousand dollars. The minimum sentence of confinement and fine required shall not be suspended or deferred.

G. Nothing in any provision of this chapter related to SOAP orders shall be construed as prohibiting the subject of a SOAP order from participating in a scheduled court hearing or from attending a scheduled meeting with his/her legal counsel within a prohibited area. (Ord. 3047-07 § 1, 2007; Ord. 2268-98 § 2, 1998; Ord. 2176-96 § 1, 1996; Ord. 2045-95 § 1, 1995; Ord. 1973-93 § 2, 1993.)