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HomeMy WebLinkAbout2208ORDINANCE NO . old 1 AN ORDINANCE of the City of Port Angeles providing for the processing of traffic infractions and other violations through a violations bureau and adding a new section to Title 2 of the Port Angeles Municipal Code. WHEREAS, the creation of a violations bureau operated by the City of Port Angeles will expedite and make more efficient the disposition of traffic infractions, facilitate the uniform implementation of the decriminalization of traffic offenses, and generally promote the public safety and welfare on public highways within the City; and WHEREAS, the processing of traffic infractions by a violations bureau will assist in processing traffic cases by reducing the volume of district court cases and increasing the rate at which penalties are transferred to the city's general fund; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ANGELES, as follows: Section 1. Violations Bureau Established. Pursuant to RCW 3.30.090, there is hereby established the Port Angeles Violations Bureau, hereinafter referred to as the Bureau, to receive and process bail and monetary penalties for traffic infractions, and such other crimes as may be determined by the Clallam County District Court No. 1, hereinafter referred to as the Court. The Bureau shall be under the operation and control of the Chief of Police, subject to the supervision of the Court. Section 2. Infractions: Payment- Failure to Respond - Hearings. (A) The Bureau shall accept payment of monetary penalties for all traffic infractions committed in the City of Port Angeles. The Bureau shall note upon its records that the penalty was paid and forward a notice of disposition directly to the Department of Licensing for recording or other action as required by law. • • (B) If after a period of time not to exceed sixty (60) days a violator has failed to respond to a notice of traffic infraction other than those issued for parking, standing, stopping or pedestrian violations, the Bureau either shall file the infraction with Clallam County District Court No. 1 for entry of an order finding that the violator has committed the infraction, assessment of monetary penalties and notification to the Depart- ment of Licensing, or shall file a criminal charge for failure to respond to a notice of traffic infraction. (C) If a person cited for violation of a traffic infraction timely elects to contest the infraction or explain mitigating circumstances surrounding the infraction, the Bureau shall file the infraction with the court for a hearing and disposition pursuant to justice court rules. Section 3. Crimes: Receipt and Disposition of Bail. (A) The Bureau may be authorized by order of the Court to receive the posting of bail for such criminal offenses as the Court may specify. The Bureau may also accept forfeiture of bail for such crimes as the Court may allow; provided that, the Bureau shall accept posting and forfeiture of bail for any crime which is made forfeitable by law. (B) The Bureau, upon accepting the prescribed bail, shall issue a receipt to the alleged violator, which receipt shall bear a legend informing him or her of the legal consequences of bail forfeiture. The Bureau shall transfer daily to the Clerk of the Court all bail posted, as well as copies of all receipts. Section 4. 'Bail or Penalties': Amounts- Disposition - Records. (A) The amount of bail or monetary penalty collected by the Port Angeles Violations Bureau shall be that amount specified by JCrR 2.09(1), JTIR 6.2(d), order of the Court, or order of any other person or agency having authority to set bail or monetary penalties. -2- • • (B) All penalties paid to the violations bureau for traffic violations shall be placed in the city' s general fund. The Bureau shall deduct from such penalties its costs and all other statutory assessments. The assessments and costs shall be forwarded to the appropriate agencies or funds as required by statute and ordinance. (C) The Bureau shall keep a proper and complete record of all monetary penalties received, together with a record of the final disposition of all offenses and infractions and, along with monies disbursed to other agencies or placed in the general fund, forward such records of penalties to those agencies as the Director of Finance and Administrative Services may require. Section 5. Sections 1 through 4 of this ordinance shall be codified as a new chapter of Title 2 of the Port Angeles Municipal Code. Section 6. This ordinance shall take effect five days after the date of publication as prescribed by law. PASSED by the City Council of the City of Port Angeles at a regular meeting of the Council held on the 614' day of April, 1982. ATTEST: Marian C. Parrish, City Clerk APPROVED AS TO FORM: Craig Miller, City Attorney LISHED: /3, /9Fa