HomeMy WebLinkAbout2895ORDINANCE NO. 2895
AN ORDINANCE of the City of Port Angeles, Washing-
ton, revising the provisions for payment of
criminal fines and amending Ordinance 1793 and
Chapter 1.28 of the Port Angeles Municipal Code.
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY
ORDAIN as follows:
Section 1. Ordinance 1793 and Chapter 1.28 of the Port
Angeles Municipal Code are hereby amended by amending PAMC Sections
1.28.010, 1.28.020, 1.28.030, 1.28.040, 1.28.050 and adding Section
1.28.060 to read as follows:
1.28.010 Monthly Installment - When.
The City provides that upon a plea and proof that a person
is unable to pay any fine or costs imposed by this Code, a court
may, in the judge's discretion, order its payment in equal monthly
installments of tcn dollars to the CouTt Clcrk bcginning thirty
day aftcr thc itsposition of a fine until the fiat is 3ati3ficd in
full. or within certain designated period or periods; and if such
fines and costs shall be paid in accordance with such order, no
commitment or imprisonment of the defendant shall be made for
failure to pay such fine or costs.
1.28.020 Monthly Installment - Default. Upon default by
the defendant of any such monthly or periodic installments, the
entire balance of the fine shall immediately be due and payable by
the defendant.
1.28.030 Monthly Installment - Hearing. The court, upon
receipt of a report of such default from the court clerk, shall
seta a date and place of hearing with proper notice to the
defendant ordering the defendant to appear and show cause why he
should not be imprisoned until the fine is satisfied in full. Cuch
noticc shall be made either by personal service or by rcgi3tcrcd
prior to thc date act for thc hearing.
1.28.040 Imprisonment - In Lieu of Fine. After hearing
thereon, if the evidence warrants, the court magi3tratc or juaticc
of thc peacc shall sentence the defendant to imprisonment in thc
County Jiail for not to exceed six months for any one offense until
the fine is fully paid.
1.28.050 Imprisonment - Work Credit Application to Fine.
A court may compel a defendant sentenced for violation of any of
the provisions of this Code to perform eight hours' labor per day
upon the streets, public buildings, and grounds of the City, except
on Sundays. Such defendant shall be allowed a credit of tcn five
dollars for each day'a hour's work within such place of incar-
ceration on account of such fine.
1.28.060 Community Service in Lieu of Fine. Upon proof
that a person convicted of a provision of this Code for which a
fine may be imposed is unable to pay all or any portion of such
fine, the court may order that the defendant complete an appro-
priate number of hours of community service, under the direction of
the City's Community Services Coordinator. Said work is to be
credited toward the satisfaction of the fine imposed at the rate of
five dollars per hour worked.
Section 2 - Severability. If any provisions of this
Ordinance, or its application to any person or circumstances, is
held invalid, the remainder of the Ordinance, or application of the
provisions of the Ordinance to other persons or circumstances, is
not affected.
Section 3 - Effective Date. This Ordinance shall take
effect five days after the date of publication.
PASSED by the City Council of the City of Port Angeles at
a regular meeting of said Council held on the 7th day of
1995.
ATTEST:
Becky J iUp • -.n, Ci y Clerk
APPROVED AS TO FORM:
Nov.
PUBLISHED: November 12, 1995
Craig D. nutson, City Attorney (By Summary) 93.22
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Summaries of Ordinances Adopted by the
Port Angeles City Council
on November 7, 1995
Ordinance No. 2895
This Ordinance of the City of Port Angeles revises the provisions for payment of criminal fines
so that if a person is unable to pay any fine or costs imposed, a court may order its payment in
monthly installments. If paid in accordance with said order, no commitment or imprisonment of
the defendant shall be made for failure to pay such fine or costs. Further, this Ordinance
authorizes a work credit to be applied to fines so that a court may compel a defendant sentenced
for violation of any of the provisions of the Port Angeles Municipal Code to perform eight hours'
labor per day upon the streets, public buildings, and grounds of the City, except on Sundays, at
a credit of five dollars for each hour's work. This Ordinance also authorizes community service
in lieu of fines so that the court may order a defendant, if unable to pay all or any portion of such
fine, to complete an appropriate number of hours of community service under the direction of the
City's Community Services Coordinator, said work to be credited toward the satisfaction of the
fine imposed at the rate of five dollars per hour worked. This Ordinance amends Ordinance 1793
and Chapter 1.28 of the Port Angeles Municipal Code.
Ordinance No. 2896
This Ordinance of the City of Port Angeles corrects an inadvertent omission in Ordinance 2873,
which amended the Capital Facilities Element of the Comprehensive Plan.
Ordinance No. 2897
This Ordinance of the City of Port Angeles regulates activities within City parks and trails and
revises penalties for violation thereof, by amending prohibited park activities to include possessing,
consuming and /or being under the influence of intoxicating liquors, drugs or narcotics. This
Ordinance also amends the misdemeanor penalty for any person violating any provision of Title
12 of the Port Angeles Municipal Code to be punishable for a first offense by a fine of up to $500
and imprisonment for up to thirty days, or both, and for a second offense by a fine of up to
$1,000 and imprisonment for up to ninety days, or both, and for a third or subsequent offense by
a fine of up to $5,000 and imprisonment for up to one year, or both. This Ordinance also
establishes that it shall be unlawful for any person to walk, stand, sit, lie, or to place, deposit or
otherwise locate any object in such a manner as to intentionally and maliciously block passage by
another person using the Waterfront Trail, or to intentionally and maliciously require another
person to take evasive action to avoid physical contact. This Ordinance amends Ordinances 1859,
1946, 2169, 2398, 2632 and 2769, and amends Title 12 of the Port Angeles Municipal Code.
The full texts of the Ordinances are available at City Hall in the City Clerk's office or will be mailed upon request.
Office hours are Monday through Friday from 8:00 a.m. to 5:00 p.m.
These Ordinances shall take effect five days after the date of publication of these summaries.
Publish: November 12, 1995
Becky J. Upton
City Clerk
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