Ordinance 2325MAE/mjr
10/13/82
ORDINANCE NO. 2325
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING SECTION 5.45.020C OF
THE EDMONDS CITY CODE CONCERNING PENALTIES
FOR DRIVING OR BEING IN ACTUAL PHYSICAL
CONTROL OF A MOTOR VEHICLE WHILE UNDER THE
INFLUENCE OF OR AFFECTED BY INTOXICATING
LIQUOR OR DRUGS.
WHEREAS, the State Legislature has authorized the
City of Edmonds pursuant to RCW 35A.11.020 to impose
penalties for violations of city ordinances by a fine of not
exceeding $500.00 and/or imprisonment for any term not
exceeding six months, and
WHEREAS, the City Council finds that it is in the
best interest of the City of Edmonds that the maximum penalty
for driving or being in actual physical control of a motor
vehicle while under the influence of or affected by
intoxicating liquor and or drugs be set at a $500.00 fine
and/or 180 days in jail with the purpose of giving district
court judges full latitude in imposing sentences for
particular violations of such ordinances, now, therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1. Section 5.45.020C of the Edmonds City
Code is hereby amended to read as follows:
C. Any person violating any of the following provisions
of Title 8 shall be guilty of a misdemeanor, and upon
conviction thereof, be punished as provided below:
1. RCW 46.61.502 and RCW 46.61.504, Driving or being
in actual physical control of a motor vehicle
while under the influence of or affected by
intoxicating liquor and/or drugs. (Adopted by
reference as part of the MTO.)
a. Every person convicted of a violation of the
offenses set forth in this subsection shall
be punished by a fine in any sum not to
exceed $500.00 and/or by imprisonment for not
less than one day in jail and not more than
180 days in jail. The one day in jail shall
not be suspended or deferred unless the judge
finds that there are extraordinary circum-
stances and that the jail sentence should be
suspended or deferred. Whenever the manda-
tory jail sentence is suspended or deferred,
the judge must state in writing the reason
for granting the suspension or deferral and
the facts upon which the suspension or
deferral is based.
b. On a second or subsequent conviction of the
offenses set forth in this subsection within
a five-year period, a person shall be
punished by a fine in any sum not to exceed
$500.00 and/or by imprisonment for not less
than seven days in jail and not more than 180
days in jail. The seven-day mandatory jail
sentence shall not be suspended or deferred
unless the judge finds that there are
extraordinary circumstances and that the
seven-day jail sentence should be suspended
or deferred. Whenever the mandatory seven-
day jail sentence is suspended or deferred,
the judge must state in writing the reasons
for granting the suspension or deferral and
the facts upon which the suspension or
deferral is based.
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
invalidity or unconstitutionality shall not affect the
validity or constitutionality of any other section, sentence,
clause or phrase of this ordinance.
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Section 3. This ordinance shall be in full force and
effect five (5) days after passage and publication by posting
as provided by law.
APPROVED:
MAYOR, H. H. HARRISON
ATTEST/AUTHENTICATED:
CITY CLERK, IREN VARNEY MORAN
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY LQQ?pC' \& ,
FILED WI'THj THE CITY CLERK: October 20, 1982
PASSED BY THE CITY COUNCIL: November 1, 1982
POSTED: November 2, 1982
EFFECTIVE DATE: November 7, 1982
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AFFIDAVIT OF POSTING ORDINANCE
STATE OF WASHINGTON
ss:
COUNTY OF SNOHOMISH
IRENE VARNEY MORAN
, being first duly sworn
on oath deposes and says that s he is over the age of eighteen (18)
years and is competent to testify as to the matter stated herein.
There is no official newspaper or other newspaper printed and
published within the City. In accordance with RCW 35A.12.160, on
the 2 day of November , 1982, affiant posted true and
correct copies of the attached Ordinance No. 2325, passed by the
City Council on the 1 day of
November
, 1982 , at the
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
Edmonds Branch of United States Post Office
201 Main Street
Edmonds, Washington 98020
DATED this 2 day of
November
, 1982.
SUBSCRIBED
AND SWORN
to before me this
oL cCay of
Notcixry Public in and for the
StateLJ Washi nHton, residing
at