Loading...
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 , ?_/�uz -------------------------(.----. = / -------- 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.