HomeMy WebLinkAbout2220ORDINANCE NO. 02.2c,70
AN ORDINANCE of the City of Port Angeles
providing penalties for certain crimes,
and amending Section 9.01.070 of
Ordinance 2129 and the Port Angeles
Municipal Code, and Section 12 of
Ordinance 2188 and Section 9.16.900
of the Port Angeles Municipal Code.
BE IT ORDAINED by the City Council of the City of Port
Angeles, as follows:
Section 1. Section 9.01.070 of Ordinance No. 2129 and
the Port Angeles Municipal Code are each hereby amended to read
as follows:
9.01.070 Classes of crimes. An offense defined
by this title constitutes a misdemeanor of the first
class or a misdemeanor of the second class. A Class I
misdemeanor may be punished by either fine or
imprisonment, or both, up to the maximum sentence
allowed under the jurisdiction of the court in which
the charge is filed. A Class II misdemeanor may be
punished by a maximum fine of One Thousand ($1,000)
Dollars. A sentence of imprisonment shall not be
imposed for any Class II misdemeanor.
Section 2. Section 12 of Ordinance No. 2188 and
Section 9.16.900 of the Port Angeles Municipal Code are each
hereby amended to read as follows:
9.16.900 Classification of Crimes. Any person
convicted of violating Sections 9.16.090, 9.16.110,
9.16.130, 9.16.160, or 9.16.170 of this chapter shall
be guilty of a Class I misdemeanor, and sentenced
accordingly, where:
(1) The value of the property, services or checks
forming the basis of the charge is equal to or greater
than One Hundred ($100) Dollars; or
(2) The person charged has been convicted or forfeited
bail, within five (5) years of the date of the incident
or incidents forming the basis of the charge, of two or
more previous crimes of theft, possessidh of stolen
property, unlawful issuance of bank checks, or any kind
of fraud under any city, county, state or federal law.
(3) All other violations of Sections 9.16.090,
9.16.110, 9.16.130, 9.16.160, or 9.16.170 shall be
Class II misdemeanors and sentenced accordingly;
provided that the court shall impose a minimum fine of
Five Hundred ($500) Dollars. Of the fine imposed, at
least Fifty ($50) Dollars shall not be suspended or
deferred where the conviction is the first such
conviction within any twelve -month period. Upon
conviction for a second offence within any twelve -month
period of a crime of theft, possession of stolen
property, unlawful issuance of bank checks, or any kind
of fraud under any city, county, state or federal law,
the court may suspend or defer only that portion of the
fine which is in excess of Five Hundred ($500) Dollars.
•
Section 3. If any provision of this Ordinance, or its
application to any person or circumstance is held invalid, the
remainder of the Ordinance, or the application of the provision
to other persons or circumstances is not affected, and to this
end, the provisions of this Ordinance are declared to be
severable.
Section 4. This Ordinance shall take effect as
provided by law.
PASSED by the City Council of the City of Port Angeles
at a regular meeting of said Council held on the /5 day of
1982.
ATTEST: �J
Marian C. Parrish, City Clerk
APPROVED AS TO FORM:
Craig . Miller, City Attorney
PUBLISHED : 'lam"" n qi�) /9 ?2-
MEMORANDUM
June 11, 1982
TO: City Council
FROM: City Attorney
RE: Amendment to Criminal Code / "Bad Checks"
The attached Ordinance amends the City's Criminal Code in two
respects, each of which is designed to bring the Criminal Code
into conformance with a recently enacted amendment to the State
bad check law, by Chapter 138 of the Laws of the 1982 Regular
Session.
This Ordinance increases the maximum fine for such offenses to
$1,000, from the previous $500. Secondly, it requires that, on
a first conviction within one year of a theft related crime, the
court must impose a fine of $500, and may suspend only $450 of
that. Upon a second offense, the court must impose a minimum
fine of $500, and may not suspend any portion of that fine.
This is substantially more strict than the present Ordinance,
which allows suspension of all of the fine, if the court so
desires.
These changes are necessary, to bring the City's Criminal Code
into conformance with the recent amendment to the State Statute,
and their adoption is recommended.
Craig L. M)1ler
City Att ney