Ordinance 29750006.160.001
TAR/srf
08/19/93
R:02/02/94srf
R:02/16/94tar
ORDINANCE NO. 2975
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, CREATING A NEW CRIMINAL VIOLATION
FOR FAILING TO APPEAR ON NOTICE OF VIOLATION
THAT ASSIGNS ONLY A MONETARY PENALTY AND
IMPOSING PROVISIONS AND CONDITIONS RELATING
THERETO; AND FIXING A TIME WHEN THE SAME SHALL
BECOME EFFECTIVE.
WHEREAS, the city staff have noticed a substantial
increase in the number of people who fail to appear or simply
ignore their notices of violations, and
WHEREAS, because the penalty for many of these violations
does not include any potential jail time, the court is prohibited
from issuing a bench warrant for the person failing to appear and
is unable to make a person appear otherwise, and
WHEREAS, the City currently has no avenue available to
force these individuals to appear and thus a number of these
violations are currently outstanding and the City is unable to
pursue these matters, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Notice Failure to Sian, Non -appearance --
Failure to Satisfy --Penalty. There is hereby created a new Section
5.01.045 entitled "Notice, Failure to Sign, Non-appearance, Failure
to Satisfy --Penalty," which shall be added to the Edmonds Municipal
Code and shall read as follows:
TAR54597.1 O/0006.160.001 -1-
5 01 045 Notice, Failure to Sign, Non-
appearance Failure to Satisfy --Penalty.
(1) This section shall only apply to
violations that do not impose jail as a
possible penalty. These shall include, but
are not limited to, any notice of violation,
misdemeanor or gross misdemeanor that only
includes a fine as a penalty (such as
violations of the animal code), or any other
violation that does not impose any jail as a
sentence,but only a monetary penalty.
(2) Any person who is required and fails to
sign any notice of violation that meets the
above criteria, shall be guilty of a
misdemeanor.
( 3 ) Any person willfully violating his or her
written and signed promise to appear in court
or his or her written and signed promise to
respond to a notice of violation as referred
to in this chapter shall be guilty of a
misdemeanor regardless of the disposition of
the violation. A written promise to appear in
court or a written promise to respond to a
notice of violation may be complied with by an
appearance by counsel.
(4) A person who willfully fails to pay a
monetary penalty or to perform community
service as required by the court may be found
in contempt of court as provided in Edmonds
Municipal Code Section 5.01.040 and as
provided for in RCW Chapter 7.21.
Section 2. Section 5.05.002. Section 5.05.002 of the
Edmonds Municipal Code is hereby amended to read as follows:
5.05.002 Animal Control --Penalties. Unless
otherwise stated in this municipal code or in
state statute adopted by reference, any person
violating the provisions of this chapter
(5.05) shall be guilty of a misdemeanor and be
punished by a fine not to exceed $500.00 for
each such offense. Any person who fails to
respond to or appear in court in response to a
notice of violation under this chapter, shall
be deemed to have violated Section 5.01.045 of
the Edmonds Municipal Code and be subject to
the penalty listed in that section.
TAR54597.10/0006.160.001 -2-
Section 3. Severability. 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
invalidity or unconstitutionality shall not affect the validity or
constitutionality of any other section, sentence, clause or phrase
of this ordinance.
Section 4. Effective Date. This ordinance, being an
exercise of a power specifically delegated to the City legislative
body, is not subject to referendum, and shall take effect five (5)
days after passage and publication of an approved summary thereof
consisting of the title.
APPROVED:
ATTEST/AUTHENTICATED:
TY CLERK, NDA J. MARCH
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
FILED WITH THE CITY CLERK: 2/22/94
PASSED BY THE CITY COUNCIL: 2/28/94
PUBLISHED: 3/6/94
EFFECTIVE DATE: 3/11/94
ORDINANCE NO. 2975
TAR54597.10/0006.160.001 - 3 -
Filed with City Clerk 2/22/94
Adopted by Reference in
Title 7 RCW: Special Proceedings and Actions Ord. #2 9 7 5 on 7.16.270
ie board or body was in session or not. returnable, and a hearing thereon be had at any time. [1971
ggS § 1025.1 c 81 § 29; 1895 c 65 § 33; RRS § 1031.]
t1 rcement of writ —Penalty. When a
ate has been issued and directed to any
'corporation, board or person upon whom
Ban personally served and such tribunal,
oard, or person has without just excuse,
xted to obey the same, the court may, upon
'a fine not exceeding one thousand dollars.
once in a refusal or disobedience, the court
party to be imprisoned until the writ is
V' make any orders necessary and proper for
,orcement of the writ. [1957 c 51 § 7; 1895
§ 1026.]
PROHIBITION
F''Prohibition defined. The writ of prohibition
ii{erpart of the writ of mandate. It arrests the
gs of any tribunal, corporation, board or person,
Ich proceedings are without or in excess of the
loii of such tribunal, corporation, board or person.
65 § 29; RRS § 1027.1
t:k
.300 Grounds for granting writ —Affidavit. It
ssued by any court, except district or municipal
an inferior tribunal, or to a corporation, board or
n all cases where there is not a plain, speedy and
remedy in the ordinary course of law. It is issued
]avit, on the application of the person beneficially
d. [1987 c 202 § 132; 1895 c 65 § 30; RRS §
c 202: See note following RCW 2.04.190.
F
.16.310 Alternative or peremptory writs —Form.
writ must be either alternative or peremptory. The
ative writ must state generally the allegations against
rtyto whom it is directed, and command such party to
or refrain from further proceedings in the action or
Fthich
specified therein until the further order of the court
it is issued, and to show cause before such court,
ta specified time and place, why such party should not be
olutely restrained from any further proceedings in such
action or matter. The peremptory writ must be in a similar
form, except that the words requiring the party to show
Muse why he should not be absolutely restrained, etc., must
5e omitted and a return day inserted. [ 1895 c 65 § 31; RRS
11029.]
7.16.320 Provisions relating to mandate applicable.
'he provisions of this chapter relating to writ of mandate,
PP1y to this proceeding. [1895 c 65 § 32; RRS § 1030.]
IN GENERAL
7.16.330 When writs may be made returnable.
Writs of review, mandate, and prohibition issued by the
supreme court, the court of appeals, or by a superior court,
may, in the discretion of the court issuing the writ, be made
7.16.340 Rules of practice. Except as otherwise
provided in this chapter, the provisions of the code of
procedure concerning civil actions are applicable to and
constitute the rules of practice in the proceedings in this
chapter. [1895 c 65 § 34; RRS § 1032.)
7.16.350 Appellate review. From a final judgment in
the superior court, in any such proceeding, appellate review
by the supreme court or the court of appeals may be sought
as in other actions. [1988 c 202 § 4; 1971 c 81 § 30; 1895
c 65 § 35; RRS § 1033.]
Severability-1988 c 202: See note following RCW 2.24.050.
7.16.360 Inapplicability to action reviewable under
Administrative Procedure Act. This chapter does not
apply to state agency action reviewable under chapter 34.05
RCW. [1989 c 175 § 38.)
Effective date-1989 c 175: See note following RCW 34.05.010.
Chapter 7.21
CONTEMPT OF COURT
Sections
7.21.010
Definitions.
7.21.020
Sanctions —Who may impose.
7.21.030
Remedial sanctions —Payment for losses.
7.21.040
Punitive sanctions —Fines.
7.21.050
Sanctions —Summary imposition —Procedure.
7.21.060
Administrative actions or proceedings —Petition to court for
imposition of sanctions.
7.21.070
Appellate review.
7.21.900
Severability-1989 c 373.
7.21.010 Definitions. The definitions in this section
apply throughout this chapter:
(1) "Contempt of court" means intentional:
(a) Disorderly, contemptuous, or insolent behavior
toward the judge while holding the court, tending to impair
its authority, or to interrupt the due course of a trial or other
judicial proceedings;
(b) Disobedience of any lawful judgment, decree, order,
or process of the court;
(c) Refusal as a witness to appear, be sworn, or, without
lawful authority, to answer a question; or
(d) Refusal, without lawful authority, to produce a
record, document, or other object.
(2) 'Punitive sanction" means a sanction imposed to
punish a past contempt of court for the purpose of upholding
the authority of the court.
(3) 'Remedial sanction" means a sanction imposed for
the purpose of coercing performance when the contempt
consists of the omission or refusal to perform an act that is
yet in the person's power to perform. [1989 c 373 § 1.]
7.21.020 Sanctions —Who may impose. A judge or
commissioner of the supreme court, the court of appeals, or
the superior court, and a judge of a court of limited jurisdic-
992 Ed.)
[Title 7 RCW—page 11]
7.21.020 Title 7 RCW: Special Proceedings and Actions
tion may impose a sanction for contempt of court under this
chapter. [1989 c 373 § 2.)
7.21.030 Remedial sanctions —Payment for losses.
(1) The court may initiate a. proceeding to impose a remedial
sanction on its own motion or on the motion of a person
aggrieved by a contempt of court in the proceeding to which
the contempt is related. Except as provided in RCW
7.21.050, the court, after notice and hearing, may impose a
remedial sanction authorized by this chapter.
(2) If the court finds that the person has failed or
refused to perform an act that is yet within the person's
power to perform, the court may find the person in contempt
of court and impose one or more of the following remedial
sanctions:
(a) Imprisonment if the contempt of court is of a type
defined in RCW 7.21.010(1) (b) through (d). The imprison-
ment may extend only so long as it serves a coercive
purpose.
(b) A forfeiture not to exceed two thousand dollars for
each day the contempt of court continues.
(c) An order designed to ensure compliance with a prior
order of the court.
(d) Any other remedial sanction other than the sanctions
specified in (a) through (c) of this subsection if the court
expressly finds that those sanctions would be ineffectual to
terminate a continuing contempt of court.
(3) The court may, in addition to the remedial sanctions
set forth in subsection (2) of this section, order a person
found in contempt of court to pay a party for any losses
suffered by the party as a result of the contempt and any
costs incurred in connection with the contempt proceeding,
including reasonable attorney's fees. [1989 c 373 § 3.]
7.21.040 Punitive sanctions —Fines. (1) Except as
otherwise provided in RCW 7.21.050, a punitive sanction for
contempt of court may be imposed only pursuant to this
section.
(2) (a) An action to impose a punitive sanction for
contempt of court shall be commenced by a complaint or
information filed by the prosecuting attorney or city attorney
charging a person with contempt of court and reciting the
punitive sanction sought to be imposed.
(b) If there is probable cause to believe that a contempt
has been committed, the prosecuting attorney or city attorney
may file the information or complaint on his or her own
initiative or at the request of a person aggrieved by the
contempt.
(c) A request that the prosecuting attorney or the city
attorney commence an action under this section may be
made by a judge presiding in an action or proceeding to
which a contempt relates. If required for the administration
of justice, the judge making the request may appoint a
special counsel to prosecute an action to impose a punitive
sanction for contempt of court.
A judge making a request pursuant to this subsection
shall be disqualified from presiding at the trial.
(d) If the alleged contempt involves disrespect to or
criticism of a judge, that judge is disqualified from presiding
at the trial of the contempt unless the person charged
consents to the judge presiding at the trial.
(3) The court may hold a hearing on a motion fo
remedial sanction jointly with a trial on an information
complaint seeking a punitive sanction.
(4) A punitive sanction may be imposed for p
conduct that was a contempt of court even though Simi
present conduct is a continuing contempt of court.
(5) If the defendant is found guilty of contempt of co
under this section, the court may impose for each separ;
contempt of court a fine of not more than five thousa
dollars or imprisonment in the county jail for not more th
one year, or both. [1989 c 373 § 4.]
7.21.050 Sanctions —Summary imposition 7,,
Procedure. (1) The judge presiding in an action or proceed%`
ing may summarily impose either a remedial or punitive.
sanction authorized by this chapter upon a person who
commits a contempt of court within the courtroom if the
judge certifies that he or she saw or heard the contempt.
The judge shall impose the sanctions immediately after the
contempt of court or at the end of the proceeding and only
for the purpose of preserving order in the court and protect.
ing the authority and dignity of the court. The person
committing the contempt of court shall be given an opportu-
nity to speak in mitigation of the contempt unless compelling
circumstances demand otherwise. The order of contempt
shall recite the facts, state the sanctions imposed, and be
signed by the judge and entered on the record.
(2) A court, after a finding of contempt of court in a
proceeding under subsection (1) of this section may impose
for each separate contempt of court a punitive sanction of a
fine of not more than five hundred dollars or imprisonment
in the county jail for not more than thirty days, or both, or
a remedial sanction set forth in RCW 7.21.030(2). A
forfeiture imposed as a remedial sanction under this subsec-
tion may not exceed more than five hundred dollars for each
day the contempt continues. [1989 c 373 § 5.1
7.21.060 Administrative actions or proceedings —
Petition to court for imposition of sanctions. A state
administrative agency conducting an action or proceeding or
a party to the action or proceeding may petition the superior
court in the county in which the action or proceeding is
being conducted for a remedial sanction specified in RCW
7.21.030 for conduct specified in RCW 7.21.010 in the
action or proceeding. [1989 c 373 § 6.]
7.21.070 Appellate review. A party in a proceeding
or action under this chapter may seek appellate review under
applicable court rules. Appellate review does not stay the
proceedings in any other action, suit, or proceeding, or any
judgment, decree, or order in the action, suit, or proceeding
to which the contempt relates. [1989 c 373 § 7.]
7.21.900 Severability-1989 c 373. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1989 c 373 § 30.]
['Title 7 RCW—page 12)
(1992 Ed.)
STATE OF WASHINGTON,
ss.
COUNTY OF SNOHOMISH,
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,
Sof UMMARY of ORDINANCE Washington
2975 and State of Washington; that said newspaper is a newspaper of
On the 28th day�ofCFebruary, Edmonds,4thcouncil of the City
of Edmonds, passed Ordinance No. 2975. A summary of the general circulation in said County and State; that said newspaper
content of sold ordinance, consisting of the title and penalty
Provisions provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS WASHINGTON has been approved as a legal newspaper by order of the Superior
CREATING A NEW CRIMINAL VIOLATION FbR FAILING T6
APPEAR ON NOTICE OF VIOLATION THAT ASSIGNS ONLY A
MONETARY PENALTY AND IMPOSING PROVISIONS AND Court of Snohomish County and that the notice ........................................
— Pena
hs secton shall only a ply to violations that do not
-_Summary__.of--Ord--Hance..-No......_ 75
,e fall as a possible pens . These shall Include, but are
,4d to, any notice of violation, misdemeanor or gross
Imeanor that only Includes a fine as a pnalty (such as
ions of the animal code), or any other violation t�atdoes
City-.of__.Edmond_s----.--_-.---_.-._____-----_-.-_----__,_.._----_._.----_--
npose any fall as a sentence, but only a monetary
tY
"'------------
Iy person who Is required and falls to sl0n any notice of
Ion that meets the above criteria, shall be guilty of a
�meonor.
y person willfully violating his or her written and signed
Ise to appear In court or his or her written and signed
'se to respond to a notice of violation as referred to In
-"-"-"---"--""""""-"-"---""--------------------------------------""--'"----------"-""--- --------------------------------
a printed copy of which is hereunto attached, was published in said
hapter shall be of a misdemeanor regardless of
`11��uiOryry?yy1
O a�writte promisetto respond toga notice of violattion
newspaper proper and not in supplement form, in the regular and
)e complied with by an ap aronce by counsel.
person who willfully fails pay a monetary penalty or
form community service as reqquired by the court may
and in contempt of court as provided in Edmonds Munlc-
entire edition of said paper on the following days and times, namely:
.ode Section 5.01.040 and as provided for In RCW
er 7.21.
)2 Animal Control — Penalties. Unless otherwise stated
n e or in sTaTe statute adopted by refer-
envnercnn vinirhlnn H.n nr,,,,t�b.,,� s x.�....�.....a__ ,r.. �,
March 6 19 9 4
......................1.-....-------------------------------------"-..'--"._-_.................-..................................
cans TO respona To or appear In tout In response to a notice of
violation under this chapter, shall be deemed to have violated
Section 5.01.045 of the Edmonds Municipal Code and be "---".....-------*------------------- -"--------------------------"""--""--""-"-'""'"-"-------------."-------------"--
subfect to the enalty listed In that section.
The full text otthis ordinance will be maned upon guest. and that said_ newspaper was regularly distributed to its subsch•ibers
DATED this 1st day of March 1994. 1)� Cj
lublished: March 6, 1994RHONdA J. MARCH, City Clerk during,aIl of said eriod.
i J f/
................ � ................. .............................. = %-:------------------
Pyincipal Clerk
Subscribed and sworn to before me this ..........7th
day-------•----------- arch--------- -------- -------------------
Notary Public in and for the tate f Washington,
residing at Everett, Snohomish nty.
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