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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. -1- 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. -2- 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 —3—