Ordinance 2057ORDINANCE NO. 2057
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
ADDING A NEW SECTION 5.45.030 TO THE EDMONDS CITY
CODE PROVIDING FOR ASSESSMENT OF ONE-HALF OF DE-
TENTION COSTS ON PERSONS SENTENCED TO IMPRISONMENT
FOR VIOLATION OF CITY CODES OR FOUND IN CONTEMPT
OF COURT.
WHEREAS, the City of Lynnwood and the Snohomish
County Sheriff Department currently provide the City with
jail facilities, and
WHEREAS, said agencies charge the City a daily sum
for providing said services, and
WHEREAS, the costs incurred by the City in jailing
defendant's sentenced to imprisonment by the Edmonds Municipal
Court involves expenditure of funds which could be better
used by the Edmonds Police Department in the detection and
prevention of crime and the protection of the public, and
WHEREAS, defendants sentenced to imprisonment
should bear a proportion of the costs incurred by the City,
and
WHEREAS, the following amendment is in the best
interest of the public health, safety and general welfare,
now, therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1. A new Section 5.45.030 is hereby added
to the Edmonds City Code to read as follows:
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"5.45.030. Detention Assessment.
A. In addition to any fine, there shall be
levied a penalty assessment, against each person
sentenced by the Edmonds Municipal Court to
imprisonment for violation of City ordinances or
for contempt of Court.
B. The penalty assessment shall be equal to one-
half the costs incurred by the City in confining
said person for the period of imprisonment. The
Police Chief shall file with the Edmonds Municipal
Court the current daily costs incurred by the City
for confining individuals.
C. Where a term of imprisonment has been suspended
in whole or in part, the penalty assessment shall
be levied in accordance with the term actually
imposed. Said penalty assessment shall not be
suspended, deferred, waived or modified in any
respect; provided, however, the Court may suspend,
defer, waive or modify said penalty assessment if
the Court has previously determined the defendant
is indigent and determines that imposition of the
penalty assessment would be a hardship on the
defendant.
D. All monies derived from said penalty assessment
shall be deposited in the City's General Fund.
Section 2. Severability. If any section, subsection,
clause, phrase or word of this Ordinance is for any reason
held to be invalid or unconstitutional by a Court of competent
jurisdiction, such invalidity or unconstitutionality shall
not affect the validity or constitutionality of the remaining
portions of this Ordinance.
Section 3. This ordinance shall be in full force
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and effect five days after passage and publication by posting
as provided by law.
APPROVED:
MAYOR, H. H. HARRISON
y
ATTEST/AUTHENTICATE D,:
=I z %i�r�.us � J� �rv'
CITY CLERK, IRE= VARNEY MORAN
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
FILED W�T\R THE CITY CLERK: February 27, 1979
PASSED BY THE CITY COUNCIL: March 20, 1979
POSTED: March 21, 1979
EFFECTIVE DATE: March 26, 1979
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AFFIDAVIT OF POSTING ORDINANCE
STATE OF WASHINGTON )
) ss:
COUNTY OF SNOHOMISH )
Irene Varney Moran , being first duly sworn
on oath deposes and says that she is over the age of eighteen
(18) years and is competent to testify as to the matter
stated herein.
On the 21 st day of March , 1979 , affiant
posted true and correct copies of the attached Ordinance No.
2057, passed by the City Council on the
March
20th day of
, 1979 , at the three official posting places
for City notices which are the public bulletin boards at
the following locations:
Edmonds Civic Center
250 Fifth Avenue North
Edmonds, Washington 98020
Edmonds Public Library
Civic Center
250 Fifth Avenue North
Edmonds, Washington 98020
Edmond Branch of the
United States Post Office
201 Main Street
Edmonds, Washington 98020.
DATED this 21st day of
March
197 9 .
T
SUBSCRIBED AND SWORN to before me this ';� /z;e_- day of
1971.
No ary Public in and for the
State of Washington, residing
at