Ordinance 25430006.16070
RPB: j t
11/19/85
12/10/85
ORDINANCE NO. 2543
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING SECTION 5.50.020(A) OF THE EDMONDS CITY
CODE AND ORDINANCE NO. 2531, EFFECTIVE DECEMBER 9,
1985, TO INCREASE THE MAXIMUM PENALTY IMPOSED UPON
PERSONS VIOLATING THE EDMONDS CITY CODE TO $5,000
AND/OR ONE YEAR IN JAIL; AND TO IMPOSE A JAIL
SENTENCE PENALTY PROVISION FOR CRIMINAL OFFENSES
CONTAINED IN THE FOLLOWING CHAPTERS AND SECTIONS
OF THE EDMONDS CITY CODE: CHAPTER 5.34 - PERSONS,
CRIMES RELATING TO; CHAPTER 5.38 - PUBLIC MORALS,
CRIMES RELATING TO; CHAPTER 5.14 - CONTROLLED
SUBSTANCES, PARAPHERNALIA AND TOXIC FUMES; CHAPTER
5.24 - FIREARMS AND DANGEROUS WEAPONS; SECTION
5.22.010 - RECKLESS BURNING, SECTION 5.42.010 -
DISORDERLY CONDUCT, 5.40.010 - OBSTRUCTING, SEC-
TION 5.40.030 - ESCAPE, 5.26.220 - RECKLESS DIS-
CHARGE OF FIREWORKS, 5.10.050 - RECKLESS OPERATION
OF A BOAT, SECTION 5.10.060 - INTOXICATION, OPERA-
TION OF A BOAT, SECTION 5.05.133 - CRUELTY TO
ANIMALS, AND SECTION 5.05.131 - NUISANCE; AND
DECLARING AN EMERGENCY REQUIRING THAT THIS
ORDINANCE BECOME EFFECTIVE IMMEDIATELY.
WHEREAS, the Edmonds City Council finds that the
penalty for certain criminal offenses contained in the Edmonds
City Code should be a monetary fine and that a jail sentence
should not be imposed, and
WHEREAS, the Edmonds City Council finds that this ordi-
nance is in the interest of the public health, safety and
welfare, now, therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Section 5.50.020(A) of the Edmonds City
Code is hereby amended to read as follows:
A.
5.50.020(A) Penalties.
1) Unless otherwise provided, any person con-
victed of violating any of the provisions of
the Edmonds City Code and the Community Deve-
lopment Guide shall be punished by a fine not
to exceed Five Thousand Dollars ($5,000.00) or
by imprisonment in jail for a term not exceed-
ing one year, or by both such fine and
imprisonment.
2) Any person violating any of the provisions of
Title 5 shall be punished by a fine not to
exceed Five Thousand Dollars ($5,000.00),
except that the following chapters and sec-
tions of Title 5, shall be punished by a fine
not to exceed Five Thousand Dollars
($5,000.00) or by imprisonment in jail for a
term not exceeding one year, or by both such
fine and imprisonment:
Chapter 5.34 - Persons, Crimes Relating To
Chapter 5.38 - Public Morals, Crimes Relating
To
Chapter 5.14 - Controlled Substances,
Paraphernalia and Toxic Fumes
Chapter 5.24 - Firearms and Dangerous Weapons
Section 5.22.010 - Reckless Burning
Section 5.42.010 - Disorderly Conduct
Section 5.40.010 - Obstructing
Section 5.40.030 - Escape
Section 5.26.220 - Reckless Discharge of
Fireworks
Section 5.10.050 - Reckless Operation of a
Boat
Section 5.10.060 - Intoxication, Operation of
a Boat
Section 5.05.133 - Cruelty to Animals
Section 5.05.131 - Nuisance
3) Each separate day during which any violation
occurs or continues shall be deemed to consti-
tute a separate violation thereof and a
separate offense thereunder, and upon convic-
tion thereof shall be punished as provided in
this section.
4) This section is intended to supersede the
penalty provisions of any and all previously
adopted city ordinances in conflict with this
section, except as otherwise provided in this
section, and in the event of conflict with
this section, the previously adopted ordi-
nances shall be deemed amended to conform with
the penalty provisions of this section.
Section 2. If any section, sentence, clause or phrase
of this ordinance should be held to be invalid or unconstitu-
tional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitu-
tionality of any other section, sentence, clause or phrase of
this ordinance.
Section 3. The City Council hereby declares that an
emergency exists necessitating that this ordinance take effect
immediately upon pasage by a unanimous vote of the members of
the City Council. This ordinance shall be published in the
official newspaper of the City.
APPROVED:
MAYOR, LA Y S._1NA6GHTEN
ATTEST/AUTHENTICATED:
CVrY CLERK, JACQUELINE G. PARRETT
APPROVED AS TO FORM:
OFFICE 0 THE IT ATTORNEY:
BY
FILED WITH THE C TY CLERK: December 10, 1985
PASSED BY THE CITY COUNCIL: December 17, 1985
PUBLISHED: December 22, 1985
EFFECTIVE DATE: December 17, 1985
ORDINANCE NO. 2543
- 3 -
STATE OF WASHINGTON,
ss.
COUNTY OF SNOHONIISH,
' ORDINANCE NO. 2543.
AN OROINANCE�OF THE•,CJTY OF EDMONDS, WASH=
INGTON,. AMENDING SECTION 5.50.020(A)- OF .THE
EDMONDS. CITY -CODE. AND -ORDINANCE. NO. 2$31,
EFFECTIVE DECEMBER•9, 1985,.TO�INCREASE THE.
MAXIMUM PENALTY IMPOSED UPON-PERSONS.VI-
OLATING THE EDMONDS- CITY CODE ` TO $5.000
AND/OR ONE YEAR IN JAIL; AND TO IMPOSE A
- JAIL SENTENCE PENALTY PROVISION FOR CRIMI-
NAL OFFENSES CONTAINED IN THE FOLLOWING
CHAPTERS AND SECTIONS OF THE EDMONDS CITY
CODE: CHAPTER5.3A --PERSONS, CRIMES RELAT-
ING`TO; CHAPTER 5.38— PUBLIC MORALS, CRIMES
RELATING TO CHAPTER 5.14..—CONTROLLED SUB-...
STANCES,`' PARAPHERNALIA* AND TOXIC FUMESI�,
CHAPTER 5.24 — FIREARMS AND DANGEROUS
WEAPONS; SECTION- 5.22.010 — RECKLESS BURN-
ING, SECTION 5.42.101 — DISORDERLY CONDUCT,
5.40.010 — OBSTRUCTING, SECTION 5.40.030 — ES-
CAPE, 5.26.220 — RECKLESS DISCHARGE OF FIRE-
WORKS, 5.10.060- INTOXICATION, OPERATION OF. A .
BOAT, SECTION 5.05.133 — CRUELTY TO ANIMALS,
AND SECTION 5.0S.131 — NUISANCE AND. DELCAR- i
ING AN EMERGENCY REQUIRING THATTHISORDI-
NANCE BECOME EFFECTIVE IMMEDIATELY: -
WHEREAS, the. Edmonds City Councilfinds that the
penalty for certain criminal offenses contained in the
.Edmonds City Code should be a monetary fine and that
a jail sentence should not be imposed, and
WHEREAS, the Edmonds City. Council finds that this
ordinance is in the interest of the public health, safety
and welfare, now, therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS.-
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section A. Section 5:50.620(A) of the -Edmonds City
'Code is hereby amended to read as follows:
5.50.020(A) Penalties. A. 1) Unless otherwise provided,- any person convicted, of
violating any of the provisions of the Edmonds City
Code:dnd the Community Development Guide shall be
punished by a fine not to exceed Five Thousand
Dollars (55,000.00)' or by imprisonment in jail for a
term not exceeding one year, or by both such fine
and imprisonment-
2) Any person violating any of the. Provisions of Title 5
shall be punished by a fine not to exceed Five
Thousand Dollars (55,000.00), except that the follow-
ing chapters and sections of Title 5, shall be .pun
ished by a fine not to exceed Five Thousand Dollars
(s5,000.00) or .'by: in. Jail 'for a term not.
exceeding'. one year, or by both such fine,and impris-
onment `- -.
-iChapter. 5.34 — Persons, Crimes Relating To -
Chapter 5.38 - Public Morals, CrimesRelating To
Chapter 5.14 — Controlled Substances,
PoraPhernalia and Toxic Fumes
Chapter 5.24 — Firearms and Dangerous Weapons
Section 5.22.010 - Reckless Burning
.Section 5.42.010 .Disorderly Conduct
Section 5.40.010 =`Obstructing .
Section-5.40.030 -.Escape
Section. 5.26.220.-::Reckless Discharge of
Fireworks . - -
Section S. 10.050 Reckless Operation of a
. boat ,
Section 1.11.06'— INtoxication, Operation of
-.a Boat - -
Section 505.133 Cruelty to Animals
Section 505131 Nuisance
3) Each separate day during which any violation occurs'
or continues shall be deemed to-const ilutea separate
violation thereof and'a separate offense thereunder,
and upon conviction thereof shall be punished as
provided in this section. i '
4) This section is -intended to supersede the penaliy
provisions *of any and all previously ,adopted, city
ordinances in conflict with this section,- except as'.
otherwise provided in this section, and.16 the. event'
of-conflictwithihis section, thepreviously adopted
ordinance slioll be deemedto conform .with the pen-
ally-provisionsofthissection.
Section 2. If any section,' sentence, clause Or phrase of this
ordinance .should be held to be invalid or unconstitutional by
a court of competent jurisdiction, such invalidlty,or uncon-
sfitutionolity shall. not affect the validity or constitutionality
of any other section, sentence, clause or phrase Of. this
ordinance.
Section 3. The City Council hereby declares that an enter- .
gency exists necessitating that this ordinance _ take effect
Immediately upon passage by a unanimousvote. of�, the
members of the City Council. This ordinance shall.. be pub-
lished in the official newspaper of ,the City.
APPROVED: -
'LARRY S. NAUGHTEN, Mayor'
ATTEST/AUTHENTICATED:
:JACQUELINE G. PARRET, City Clerk
.APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY'W.'SCOTT SNYDER
FILED WITH THE CITY CLERK: December 10, 1985,
PASSED BY,THE CITY COUNCIL: December 17, 1985
PUBLISHED: December:-22, )985
EFFECTIVE DAT.E-.December .17,198s —
Affidavit of Publication
The undersigned, being first duly sworn on oath deposes and says
that she is Principal Clerk of THE HERALD, a daily newspaper
printed and published in the City of Everett, County of Snohomish,
and State of Washington; that said newspaper is a newspaper of
general circulation in said County and State; that said newspaper
has been approved as a legal newspaper by order of the Superior
Court of Snohomish County and that the notice ........................................
Ordinance 2543
a printed copy of which is hereunto attached, was published in said
newspaper proper and not in supplement form, in the regular and
entire edition of said paper on the following days and times, namely:
------ December .... 22-,--1.98.5.--------- I----------...............................................................
and that said newspaper was regularly distributed to its subscribers
during all of saidrperio. j 1
,
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-------------------------(.----. = / --------
Principal Clerk
23rd
Subscribed and sworn to before me this .....................
December 85
dayof.....-f f .................. j ---------------- - -, 19------...
.-
Ve
" -.-.olic in and for the State of Washington,
ding at Everett, Snohomish County.