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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: -1- "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 -2- 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 -3- 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