Ordinance 1859ORDINANCE NO. 1859
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
ESTABLISHING A NEW SECTION 5.12.135 IN THE EDMONDS
CITY CODE; AUTHORIZING THE MUNICIPAL COURT TO COLLECT
COSTS UNDER CERTAIN CIRCUMSTANCES; ESTABLISHING
PROCEDURES FOR ASSESSING COSTS AGAINST CERTAIN
DEFENDANTS; PROVIDING PROCEDURES FOR ENFORCEMENT
OF SENTENCES; AND PROVIDING FOR PENALTIES.
WHEREAS, the State Legislature has authorized courts to
require convicted defendants to pay costs under certain
circumstances and
WHEREAS, the City presently incurs a considerable
amount of expenses that can be recovered under this authoriza-
tion, and
WHEREAS, it is in the best interests of the citizens of
Edmonds to recover these expenses, now, therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. A new Section 5.12.135 is hereby added to
the Edmonds City Code to read as follows:
"5.12.135. Reimbursement of Costs.
1. a. The Court may require a convicted defendant
to pay costs. For the purpose of this sec-
tion, whenever the court has levied a fine or
assessed costs against a corporation or
unincorporated association, the person or
persons authorized to make disbursements from
the assets of said organization shall be
deemed to be the defendant.
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b. Costs shall be limited to expenses specially
incurred by the City in prosecuting the
defendant, including but not limited to the
expenses of providing the defendant with
assistance of counsel. Costs shall not
include expenditures in connection with the
maintenance and operation of government
agencies that must be made by the public
irrespective of specific violations of law.
C. The Court shall not sentence a defendant to
pay costs unless the defendant is or will be
able to pay them. In determining the amount
and method of payment of costs the Court
shall take account of the financial resources
of the defendant and the nature of the burden
that payment of costs will impose.
d. A defendant who has been sentenced to pay
costs and who is not in contumacious default
in the payment thereof may at any time
petition the Court which sentenced him for
modification of the payment of costs or of
any unpaid portion thereof. If it appears to
the satisfaction of the Court that payment of
the amount due will impose manifest hardship
on the defendant or his immediate family, the
Court may modify all or part of the amount
due in costs, or modify the method of payment
as provided hereinafter.
2. When a defendant is sentenced to pay a fine or
costs, the court may grant permission for payment
to be made within a specified period of time or in
specified installments. If no such permission is
included in the sentence the fine or costs shall
be payable forthwith.
3. a. When a defendant sentenced to pay a fine or
costs defaults in the payment thereof or of
any installment, the Court on motion of the
City Attorney or upon its own motion may
require defendant to show cause why the
default should not be treated as contempt of
Court, and may issue a show cause summons or
a warrant of arrest for the defendant's
appearance.
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b. If .the court finds the default was attribut-
able to an intentional refusal to obey the
order of the Court or to a failure on the
defendant's part to make a good faith effort
to make the payment, the Court may find that
the defendant is in contempt of court and may
order the defendant's commitment until the
fine or costs, or a specified part thereof is
paid.
C. The term of imprisonment for contempt for
non-payment of a fine or costs shall be set
forth in the commitment order, and shall not
exceed one day for each twenty-five dollars
($25.00) of the fine or costs or fraction
thereof, or thirty (30) days, whichever is
the shorter period. The court shall specify
in its commitment order the rate per day at
which the defendant shall be given credit
towards payment of the fine or costs.
d. If the Court finds that the default is not
contempt, the Court may enter an order allow-
ing the defendant additional time to pay the
fine or costs or any installment thereof,
and/ or the Court may revoke the fine or
costs in whole or in part.
e. A default in the payment of a fine or costs
or any installment thereof may be collected
by any means authorized by law for the enforce-
ment of a judgment. The levy of execution
for the collection of a fine or costs shall
not discharge a defendant committed to imprison-
ment for contempt until the amount of the
fine or costs has actually been collected.
Section 2. Sections 5.12.130 and 5.12.140 of the Edmonds
City Code are hereby repealed.
APPROVED:
ATTEST:
MAYOR', H. H. HARRISON
(1 llticiYc.�
CITY CLERK, IREN VARNEY MORAN
FILED WITH THE CITY CLERK: July 13, 1976
PASSED BY THE CITY COUNCIL: August 17, 1976
PUBLISHED: August 25, 1976
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