Ordinance 2481SEF:clh
1/21/85
ORDINANCE NO. 2481
AN ORDINANCE OF THE CITY OF EDMONDS, WASH-
INGTON, AMENDING SECTION 5.45.020(C) BY
ESTABLISHING A NEW PENALTY FOR DRIVING AND
BEING IN PHYSICAL CONTROL WHILE UNDER THE
INFLUENCE OF INTOXICANTS AND/OR DRUGS;ESTAB-
LISHING AN EMERGENCY CLAUSE EFFECTIVE ON
PASSAGE OF THE ORDINANCE.
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Section 5.45.020(C) of the Edmonds City Code
is hereby amended to read as follows:
5.45.020(C). Any person violating the following provi-
sions 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 intoxi-
cating liquor and/or drugs.
a. Every person convicted of a violation of
the offenses set forth in this subsection
shall be punished by a fine of not more than
seven hundred fifty dollars ($750) and/or by
imprisonment for not less than twenty-four
(24) consecutive hours and not more than one
(1) year in jail. The twenty-four consecutive
hours of the jail sentence shall not be sus-
pended or deferred unless the judge finds that
the imposition of the jail sentence will pose
a risk to the defendant's physical or mental
well being. Whenever the mandatory jail sen-
tence is suspended or deferred, the judge must
state, in writing, the reason for granting the
suspension of a deferral and the facts upon
which the suspension or deferral is based.
The Court shall require the defendant to com-
plete a course in an alcohol information
school approved by the Department of Social
and Health Services or a more intensive treat-
ment in a program approved by the Department
of Social and Health Services, as determined
by the court.
b. On a second or subsequent conviction of
the offenses set forth in this subsection
within a five (5) year period, a person shall
be punished by imprisonment for not less than
seven (7) days nor more than one (1) year and
by fine of not more than one thousand five
hundred dollars ($1500). The seven day manda-
tory jail sentence shall not be suspended or
deferred unless the judge states, in writing,
the reason for granting the suspension or de-
ferral and the facts upon which the suspension
or deferral is based.
If, at the time of a second or subsequent con-
viction the driver is without a license or
permit because of a previous suspension or re-
vocation, the minimum mandatory sentence shall
be ninety (90) days in jail and a two hundred
dollar ($200) fine. The penalty so imposed
shall not be suspended or deferred. The per-
son shall be required to complete a diagnostic
evaluation by an alcoholism agency approved by
the Department of Social and Health Services
or a qualified probation department approved
by the Department of Socail and Health Ser-
vices.
In addition to any nonsuspendable and nonde-
ferrable jail sentence required by this sub-
section, the court shall sentence a person to
a term of imprisonment not exceeding one hun-
dred eighty days and shall suspend but shall
not defer the sentence for a period not ex-
ceeding two years. The suspension of the sen-
tence may be conditioned upon nonrepetition,
alcohol or drug treatment, supervised proba-
tion, or other conditions that may be appro-
priate. The sentence may be imposed in whole
or in part upon violation of a condition of
suspension during the suspension period.
Section 2. The City Council hereby declares that an
emergency exists necessitating that this Ordinance take effect
immediately upon passage by no fewer than five (5) affirmative
votes of the members of the City Council.
APPROVED:
,�.` .
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ATTEST/AUTHENTICATED:
T CLERK, J CQUELINE G. PARRETT
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY W (/Ggj
FILED WITH THE CITY CLERK: 1-2.3-8S
PASSED BY THE CITY COUNCIL: ;L.S•BS
POSTED: February 6, 1985
EFFECTIVE DATE. February 5, 1985
ORDINANCE NO. 2481
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AFFIDAVIT OF POSTING ORDINANCE
STATE OF WASHINGTON )
) ss:
COUNTY OF SNOHOMISH )
JACQUELINE G. PARRETT
, being first duly sworn
on oath deposes and says that the 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 grintcd and
published within the City. In accordance with RCW 35A.12.160, on
the 6 day of February , 105 , affiant posted true and
correct copies of the attached Ordinance No. 2481, passed by the
City Council on the _ 5 _ day of February
1585 , 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 6 day of February 1985
SUBSCRIBED AND SWORN to before me this 6 day of
February 19 85.
C�� - ---
ary Public in and for the
Stage of Washington, residing
at _ �i�