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HomeMy WebLinkAbout2443ORDINANCE NO. aq q 3 AN ORDINANCE of the City of Port Angeles amending Ordinance 2133 and Chapter 10.04 of the Port Angeles Municipal Code by repealing certain sections of the Motor Vehicle Code. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ANGELES as follows: Section 1. Section 1 of Ordinance 2133 and Section 10.04.010 of the Port Angeles Municipal Code are hereby amended to read as follows: 10.04.010 Adoption. RCW Title 46, Motor Vehicles, as now existing and now future amendments, additions, and new sections, are adopted by reference as the Motor Vehicle Code of the City as provided in RCW 35A.12.140, provided that the following sections of RCW Title 46 are not adopted by reference and are expressly deleted: 46.09.120(2), 46.09.130, 46.10.090(2), 46.10.130, Chapter 46.12, 46.16.028, 46.16.160, 46.20.021, 46.20.336, 46.20.342, 46.20.410, 46.20.416, 46.20.420, Chapter 46.29, 46.44.180, 46.48.175, 46.52.010, 46.52.020, 46.52.090, 46.52.100, 46.52.130, 46.55.020, 46.61.015, 46.61.020, 46.61.022, 46.61.024, 46.61.500, 46.61.502, 46.61.504, 46.61.520, 46.61.522, 46.61.525, 46.61.530, 46.61.685, 46.64.010, 46.64.020, 46.64.048, Chapter 46.65, Chapter 46.70, Chapter 46.72, Chapter 46.80, and Chapter 46.82. Section 2 - Severability. If any provision sof this ordinance, or its application to any person or circumstance, is held invalid, the remainder of the ordinance, or application of the provisions of the ordinance to other persons or circum- stances, is not affected. Section 3 - Effective Date. This Ordinance shall take effect May 1, 1987. -1- PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the AJ1. day of April, 1987. ATTEST: 1 1,►I♦ rikIli =IL Sherri L. Anderson, City Clerk APPRO,3LED AS TO FORM: I C,i? Craig D. tnutson, City Attorney PUBLISHED: ici 1 AT1080[IBMIRD) (Merges) -2- M A Y 0 R F?ORTAA, April 23, 1987 CITY OF PORT ANGELES 140 WEST FRONT ST., P.O . BOX 1150 PORT ANGELES. WASHINGTON 98362 PHONE 12061 457 -0411 Board of Clallam County Commissioners Clallam County Courthouse 223 East Fourth Street Port Angeles, Washington 98362 RE: Repeal of City Criminal Offenses Dear Commissioners: At its April 21, 1987 meeting, the City Council adopted two ordinances amending its criminal and traffic codes to repeal many criminal offenses. While we have made copies of these ordinances available to you on several occasions, we are again enclosing copies for your information. The City has been considering taking this action since November, 1986. During the interim, the City and County have been meeting in an effort to alleviate some of the financial impacts of this proposal on the County. The financial impacts on the County would result from the repealed criminal . offenses being charged under State law. This would result in the County incurring increased jail, prosecution, Public Defender, and District Court costs. These increased costs would be offset by an increase in fine revenue. On March 20, 1987, the City proposed a compromise that would mitigate some of the financial impacts on the County. Under this proposal, the City would guarantee the County $75,000 (or the City's actual costs for prisoner care, whichever is greater). After April 30, 1987, the City will only pay for prisoner care for prisoners whose incarceration began before May 1, 1987 or for prisoners found guilty of violations contained in the City's revised Criminal Code. In order to offset manpower shortages which the increased case load might present to the County Prosecutor', Office, the City would be willing to contract with the Prosecutor's Office for the handling of these cases for the remainder of 1987. The City would also agree not to establish its own Municipal Court or Traffic Violations Bureau. After discussions with the Prosecuting Attorney, we have come to the conclusion that a contract with the Prosecutor's Office for the handling of the repealed offenses by the City Attorney's Office would be unacceptable to the County. Therefore, we are offering $2,000 per month for the remain- der of 1987 that could be used to alleviate staffing impacts in the Prose- cutor's Office. Jincerely, Charles D. Whidden Mayor MEMORANDUM April 21, 1987 TO: Mayor Whidden and City Council FROM: Dave Flodstrom, City Manager RE: Repealing Certain Criminal Offenses ISSUE: Should the City Council adopt the proposed ordinances relating to the prosecution of criminal offenses? BACKGROUND: The City has been considering amending its criminal and traffic codes to repeal many criminal offenses since Novem- ber, 1986. During the interim, the City and County have been negotiating in an effort to alleviate some of the financial impacts of this proposal on the County. The financial impacts on the County would result from the repealed criminal offenses being charged under state law. This would result in the County incur- ring increased jail, prosecution, Public Defender and District Court costs. These increased costs would be offset by an in- crease in fine revenue. On March 20, 1987, the City proposed a compromise that would mitigate some of the financial impacts on the County. Under this proposal the City would guarantee the County $75,000 in prisoner care fees during 1987. In order to offset manpower shortages which the increased case load might present to the County Prose- cutor's Office, the City would be willing to contract with the Prosecutor's Office for the handling of these cases for the remainder of 1987. The City would also agree not to establish its own municipal court or traffic violations bureau. ANALYSIS: This compromise proposal is in keeping with the City Councils commitment to the County Commissioners "to not do anything which would significantly affect the County's 1987 budget." Discussions with the Prosecuting Attorney have resulted in the conslusion that a contract with the Prosecutor's Office for the City Attorney's Office handling the repealed offenses would be unacceptable to the County. In the alternative, $2,000 per month for the last eight months of 1987 could be offered to the Commis- sioners to help alleviate staffing impacts in the Prosecutors's Office. The proposed ordinances would repeal such criminal offenses as simple assault, theft, malicious mischief, disorderly conduct, resisting arrest, possession of marijuana, most weapons offenses, and most criminal traffic offenses (e.g., D.W.I., driving while license suspended, reckless driving.). Criminal offenses that would still be contained in the City's criminal and traffic codes would include unlawful issuance of bank checks, animal control offenses, defrauding an innkeeper, minor in possession of liquor, other liquor offenses, leaving children unattended, building and zoning code violations, and other miscellaneous offenses. CONCLUSION: It is recommended that the City Council adopt the proposed ordinances repealing certain criminal offenses from the City's criminal and traffic codes. It is also recommended that the City Council authorize the Mayor to sign the attached letter informing the County Commissioners of the action and offering the County $2,000 per month to alleviate staffing impacts in the Prosecutor's Office. DF:CDK:df Attachments AT1205[3] MEMORANDUM April 3, 1987 TO: Mayor Whidden and City Council FROM: Dave Flodstrom, City Manager RE: Repealing Certain Criminal Offenses ISSUE: Should the City Council adopt the proposed ordinances relating to the prosecution of criminal offenses? BACKGROUND: The City has been considering amending its criminal and traffic codes to repeal many criminal offenses since November, 1986. During the interim, the City and County have been negotiating in an effort to alleviate some of the financial impacts of this proposal on the County. The financial impacts on the County would result from the repealed criminal offenses being charged under state law. This would result in the County incurring increased jail, prosecution, public defender and distric court costs. These increased costs would be offset by an increase in fine revenue. On March 20, 1987, the City proposed a compromise that would mitigate some of the financial impacts on the County. Under this proposal the City would guarantee the County at least $75,000 in prisoner care fees for the year 1987. In order to offset manpower shortages which the increased case load might present to the County Prosecutor's Office, the City would be willing to contract with the Prosecutor's Office for the handling of these cases for the remainder of 1987. The City would also agree not to establish its own municipal court or traffic violations bureau. ANALYSIS: This compromise proposal is in keeping with the City Council's commitment to the County Commissioners "to not do anything which would significantly affect the County's 1987 budget." Several steps need to be taken in order to implement this compromise proposal. First, the County Commissioners and Prosecuting Attorney need to indicate their agreement with the concept. Second, an agreement needs to be executed with the Prosecutor's Office for the handling of the cases for the remainder of 1987. Anticipating the accomplishment of these two steps, the Council may wish to consider adopting the proposed ordinances. Since the Council stated during the budget hearings that it wanted to repeal many of the criminal offenses after the end of March, 1987, I have attached the proposed ordinances with a suggested effective date of May 1, 1987. The proposed ordinances would repeal such criminal offenses as simple assault, theft, malicious mischief, disorderly conduct, resisting arrest, possession of marijuana, most weapons offenses, and most criminal traffic offenses (e.g. D.W.I., driving while license suspended, reckless driving.). Criminal offenses that would still be contained in the City's criminal and traffic codes would include unlawful issuance of bank checks, animal control offenses, defrauding an innkeeper, minor in possession of liquor, other liquor offenses, leaving children unattended, building and zoning code violations, and other miscellaneous offenses. CONCLUSION: It is recommended that the City Council adopt the proposed ordinances repealing certain criminal offenses from the City's criminal and traffic codes. It is also recommended that the City Council authorize the Mayor to execute an agreement with the Prosecutor's Office for the handling in 1987 of the cases that would be transferred from the City to the County. DF :CDK :df Attachments AT1205[3]