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HomeMy WebLinkAbout2943ORDINANCE NO. 2943 AN ORDINANCE of the City of Port Angeles, Washington, providing for prosecution, adjudication, sentencing and incarceration of misdemeanor and gross misdemeanor offenses pursuant to Laws of 1976, Chapter 308, Section 1 and RCW 39.34.180, adopting by reference the misdemeanor and gross misdemeanor provisions of the Revised Code of Washington, and amending Ordinance 2129 as amended and Title 9 of the Port Angeles Municipal Code. WHEREAS, the City of Port Angeles has previously adopted, in part, criminal codes and ordinances related to misdemeanor and gross misdemeanor crimes; and WHEREAS, Laws of 1996, Chapter 308, Section 1 and RCW 39.34.180 impose upon the City the responsibility for prosecution, adjudication, sentencing and incarceration of misdemeanor and gross misdemeanor offenses committed by adults within the City of Port Angeles and referred by Port Angeles law enforcement agencies, whether filed under state law or city ordinance, and further provides for the carrying out of these responsibilities through the use of city courts, staff and facilities or by entering into contracts or interlocal agreements to provide these services; and WHEREAS, there are misdemeanor and gross misdemeanor offenses defined by state statutes in Titles 9 and 9A and Chapters 69.50, 69.41, 66.44, and many other provisions of the Revised Code of Washington; NOW, THEREFORE, the City Council of the City of Port Angeles does hereby ordain as follows: Section 1. Pursuant to Laws of 1996, Chapter 308, Section 1 and RCW 39.34.180, all misdemeanor and gross misdemeanor offenses committed by adults within the city limits of the City of Port Angeles and referred by law enforcement officers or law enforcement agencies of the City of Port Angeles, whether filed under state law or city ordinance, shall be prosecuted by the City Attorney's office, shall be adjudicated as provided by agreement with the Clallam County District Court I, shall be sentenced and incarcerated as provided by law, and where such incarceration shall be by imposition of a jail sentence, the confinement may be in the Clallam County Correction Facility pursuant to agreement with Clallam County or in other alternative confinement arrangements as the courts or applicable law enforcement entities may deem appropriate. Section 2. Those provisions in the Revised Code of Washington, which apply to misdemeanor and gross misdemeanor offenses, are hereby adopted by reference in order to confirm the City's jurisdiction for carrying out its responsibilities under RCW 39.34.180. The City Clerk shall keep one copy of the Revised Code of Washington on file and available for public review. Section 3 - Severability. If any section or provision of this ordinance or its application to any person or circumstances 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 - Effective Date. This ordinance shall take effect January 1, 1997. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 17th day of December, 1996. ATTEST: APPROVED AS TO FORM: Craig D. Ki tson, City Attorney PUBLISHED: December 22, 1996 (By Summary) Clerk's Note: Ordinance No. 2943 was codified as Chapter 9.01.110: Prosecution, adjudication and incarceration of misdemeanor and gross misdemeanor offenses and Chapter 9.01.120: Adoption by reference of state misdemeanor and gross misdemeanor offenses. Summaries of Ordinances Adopted by the Port Angeles City Council on December 17, 1996 Ordinance No. 2939 This Ordinance of the City of Port Angeles orders certain local improvements and creates a local improvement district; provides for the payment of the cost of such improvements by special assessments; creates a local improvement district fund; and provides for the issuance and sale of local improvement district bonds and interim financing warrants or notes. This Ordinance shall take effect five days after the date of publication of this summary. Ordinance No. 2940 This Ordinance of the City of Port Angeles revises the Budget for the fiscal year ending December 31, 1996, adopts the budget for the fiscal year ending December 31, 1997, and amends Ordinance No. 2901. This Ordinance shall take effect five days after the date of publication of this summary. Ordinance No. 2941 This Ordinance of the City of Port Angeles revises to eight percent the tax upon the City's solid waste and water /wastewater utilities and amends Ordinance No. 2183, as amended, and Section 5.80.040 of the Port Angeles Municipal Code. This Ordinance shall take effect January 1, 1997. Ordinance No. 2942 This Ordinance of the City of Port Angeles amends the Parking Ordinance to reflect changes in State law, to increase parking fmes and to provide for collection of unpaid parking fmes, amends Ordinance No. 2451, as amended, and Chapter 10.20 of the Port Angeles Municipal Code. This Ordinance shall take effect on January 1, 1997. Ordinance No. 2943 This Ordinance of the City of Port Angeles provides for prosecution, adjudication, sentencing and incarceration of misdemeanor and gross misdemeanor offenses pursuant to Laws of 1976, Chapter 308, Section o and RCW 39.34.180, adopting by reference the misdemeanor and gross misdemeanor provisions of the Revised Code of Washington, and amends Ordinance No. 2129, as amended, and Title 9 of the Port Angeles Municipal Code. This Ordinance shall take effect on January 1, 1997. Ordinance No. 2944 This Ordinance of the City of Port Angeles establishes a Money Back Guarantee Program to assure processing of development permit applications within established time frames and amends Ordinance No. 2789, as amended, and Chapter 3.70 of the Port Angeles Municipal Code. This Ordinance shall take effect five days after the date of publication of this summary 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. Publish: December 22, 1996 Becky J. Upton City Clerk