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Ordinance 1748ORDINANCE NO. 1748 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING SECTION 5.12.170 OF THE EDMONDS CITY CODE, ELIMINATING IMPRISONMENT IN JAIL FROM THE PENALTIES FOR VIOLATION OF CERTAIN ORDINANCES AND CODE SECTIONS OF SAID CITY AND SETTING AN EFFECTIVE DATE FOR SAID ORDINANCE. THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 5.12.170 of the Edmonds City Code is hereby amended to read as follows: "5.12.170 Penalties: (1) Notwithstanding any other City Ordinance or provision of the City Code regarding violations and penalties therefor (with the exception of those sections of the City Code hereinafter specifically excluded from the operation of this subsection), any person or persons who shall violate or fail to comply with any of the provisions of the Ordinances of the City, including the City Code, or any part thereof, shall, upon conviction of the violation, be punished by a fine in any sum not exceeding the sum of Two Hundred and Fifty Dollars ($250.00) or by imprisonment in jail for a term of not exceeding ninety (90) days, or by both such fine and imprison- ment. Each separate day during which any violation occurs or continues shall be deemed to constitute a separate violation thereof and a separate offense thereunder, and upon conviction thereof shall be punished as herein provided. This section is in- tended to supersede the penalty provisions of any and all previously adopted City Ordinances in conflict herewith, except as otherwise herein provided,, and in the event of conflict herewith, the previously adopted ordinances shall be deemed amended to conform with the penalty provisions of this section. (2) Provided, however, the following sections of the City Code are specifically excluded from the operation of the above section, and any violation or failure to comply with any of the provisions of those sections shall upon conviction of the violation be punished by a fine in any sum not exceeding the sum of Five Hundred Dollars ($500.00), or by imprisonment in jail for a term not exceeding ninety (90) days, or by both such fine and imprisonment: (a) RCW 46.52.010 Duty on striking unattended car or other property (adopted by reference as part of Section 8.02.010 of the Edmonds City Code). (b) RCW 46.52.020 Duty in case of injury to or death of person or damage to attended vehicle (adopted by reference as part of Section 8.02.010 of the Edmonds City Code). (c) 1965 Ex.Sess., Ch. 155, Sec. 59 Reckless driving (adopted by reference as part of Section 8.02.010 of the Edmonds City Code). (d) Section 8.32.100 of the Edmonds City Code, Presumptions of Blood Test. "(3) That the penalties for violation of those portions of the Edmonds City Code as set forth hereinafter shall, upon conviction, be punished solely by fine in a sum not exceeding Two Hundred Fifty Dollars ($250.00) and shall not be subject to imprisonment in jail except as provided hereinbelow in subsection (4). (a) Edmonds City Code, Shapter 5.36 Liquor -Minors; (b) First conviction for an offense that would be a violation of the Edmonds City Code, Chapter 5.60 Dangerous Drugs; (c) First conviction of an offense that would be a violation of Edmonds City Code, Section 5.12.020 Larceny; (d) First conviction of an offense that would be a violation of Edmonds City Code, Section 5.12.020 Shoplifting; (e) First conviction of an offense that would-be a violation of Edmonds City Code, Section 5.20.040 Disorderly Persons Enumerated; (f) First conviction of an offense that would be a violation of Edmonds City Code, Section 5.20.070 Loitering or Prowling; (g) All of Edmonds City Code Title 8, except as pro- vided in subsection (2) hereinabove. "(4) Upon a second or subsequent conviction for an offense that is a violation of those portions of the Edmonds City Code set forth hereinabove in subsection (3), paragraphs (a) through (f), such offense shall be punishable, upon said conviction, by a fine in a sum not exceeding Two Hundred Fifty Dollars ($250.00) or by imprisonment in jail for a term not exceeding ninety (90) days or by both .such fine and imprisonment. Section 2. This ordinance shall be effective on the 30th day of December 1974. APPROVED: MAYOR ATTEST: 'ice' ./ i �i r• i PASSED BY THE CITY COUNCIL: December 17, 1974 FILED WITH THE CITY CLERK: November 26, 1974 PUBLISHED: December 25, 1974