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HomeMy WebLinkAboutOrdinances - 2020-04 - East Wenatchee Municipal Court, Sanctioning defendants for contempt based on failur to pay fines, penalties, assessment, fees or costs, amending section 1.020.030 of the EWMC - 4/21/2020City of East Wenatchee Ordinance 2020-04 Page 1 of 5 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) City of East Wenatchee, Washington Ordinance No. 2020-04 An Ordinance of the City of East Wenatchee updating the East Wenatchee Municipal Code governing the process the East Wenatchee Municipal Court must follow if it wishes to sanction a defendant for contempt based on failure to pay fines, penalties, assessments, fees, or costs by amending Section 1.020.030 of the East Wenatchee Municipal Code. Una ordenanza de la ciudad de East Wenatchee que establezca el Código Municipal de East Wenatchee que establece el proceso que debe seguir el Tribunal Municipal de East Wenatchee si desea sancionar a un acusado por desacato debido a la falta de pago de multas, sanciones, evaluaciones, tarifas o costos mediante enmiendas Sección 1.020.030 del Código Municipal de East Wenatchee. 1. Alternate format. 1.1. Para leer este documento en otro formato (español, Braille, leer en voz alta, etc.), póngase en contacto con el vendedor de la ciudad al alternatformat@east-wenatchee.com, al (509) 884-9515 o al 711 (TTY). 1.2. To read this document in an alternate format (Spanish, Braille, read aloud, etc.), please contact the City Clerk at alternateformat@east- wenatchee.com, at (509) 884-9515, or at 711 (TTY). 2. Recitals. 2.1. The City of East Wenatchee (“City”) is a non-charter code City duly incorporated and operating under the laws of the State of Washington; and 2.2. The City Council of East Wenatchee (“City Council”) finds that it is in the best interests of the City and its citizens to bring the East Wenatchee Municipal Code into greater conformity with the Revised Code of Washington. City of East Wenatchee Ordinance 2020-04 Page 2 of 5 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) 3. Authority. 3.1. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to adopt ordinances of all kinds to regulate its municipal affairs and appropriate to the good government of the City. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS FOLLOWS: 4. Purpose. The purpose of this ordinance is to bring Section 1.020.030 of the East Wenatchee Municipal Code regarding nonpayment of fines and costs into greater conformity with the Revised Code of Washington. 5. Amendment. The City Council amends Section 1.020.030 of the East Wenatchee Municipal Code to read as set forth in Exhibit A. 6. Repeal. The City Council repeals those provisions of any ordinance that is in conflict with the language of this ordinance. 7. Severability. If a court of competent jurisdiction declares any provision in this Ordinance to be contrary to law, such declaration shall not affect the validity of the other provisions of this Ordinance. 8. Publication. The City Council directs the City Clerk to publish a summary of this Ordinance. The summary shall consist of the title of this Ordinance. The City Council directs the City Clerk to publish a copy of this Ordinance on the City’s website. 9. Effective Date. This Ordinance becomes effective five days after the date its summary is published. City of East Wenatchee Ordinance 2020-04 Page 5 of 5 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) Ordinance 2020-04 Exhibit A 1.20.030 Fine or costs—Default in payment Penalty designated. A. Any person convicted of a misdemeanor or gross misdemeanor in the East Wenatchee Municipal Court for which a fine and cost are imposed, may be committed to the jail designated by the city until there is payment of the fine and cost in full, except that the defendant shall not be imprisoned for any longer period of time than one day for every $25.00 of total fine and cost imposed; and a defendant who has been committed pursuant to this section shall be discharged at any time upon the payment of such part of the fine and cost as remained unpaid after deducting from the whole any amount previously paid at the rate of $25.00 for every day such defendant has been imprisoned upon a commitment heretofore. B. However, no person shall be subject to subsection A of this section unless such person has had the manner or means to have paid such fine or costs but has refused to do so. No person shall be subject to subsection A of this section unless the court does find that such person was in fact capable of paying such fine or costs. By reference, the city adopts RCW 10.01.180 (as enacted and including all future amendments).