019-15 - Ordinance - Penalties for Violcation of the Criminal CodeIntroduced by:
Municipal Court
Requested by:
Municipal Court
Reviewed by:
City Attorney
Adoption:
October 27, 2015
ORDINANCE NO.019-15
AN ORDINANCE OF PORT ORCHARD, WASHINGTON, RELATING TO PENALTIES
FOR VIOLATION OF THE CRIMINAL CODE, AMENDING THE PENALTY FOR A
GROSS MISDEMEANOR FROM A FINE NOT TO EXCEED $5,000 OR BY
IMPRISONMENT NOT TO EXCEED ONE YEAR OR BY BOTH SUCH FINE AND
IMPRISONMENT, TO BE MODIFIED CONSISTENT WITH RCW 9A.20.021, SO THAT
SUCH IMPRISONMENT IS "UP TO THREE HUNDRED SIXTY-FOUR DAYS,"
AMENDING PORT ORCHARD MUNICIPAL CODE SECTION 9.02.050(2).
WHEREAS, the Washington State Legislature -changed the language of RCW 9A.20.021 to
provide that the penalties for gross misdemeanors shall be punished by imprisonment for a
maximum term to be fixed by the court of up to three hundred sixty-four days, or by a fine in an
amount fixed by the court of not more than five thousand dollars, or by both such
imprisonment and fine; and
WHEREAS, the City's criminal penalty does not reflect state law because it states that a
gross misdemeanor shall be punished, upon conviction, by a fine not to exceed $5,000 or by
imprisonment not to exceed one year or by both such fine and imprisonment (POMC Section
9.02.050(2): and
WHEREAS, the City desires that the applicable code be consistent with State law; and
WHEREAS, the Council considered this ordinance during its regular meeting of October
27, 2015; Now, Therefore,
IT IS HEREBY ORDAINED BY THE PORT ORCHARD CITY COUNCIL AS FOLLOWS:
Section 1. Section 9.02.050 of the Port Orchard Municipal Code shall be amended to
read as follows:
9.02.050 Violations and penalties.
(1) Except as otherwise specifically provided in this title, any person who
commits, conspires to commit or aids and abets or is an accomplice in, or who
falsely, fraudulently or otherwise causes, coerces, requires or directs others to
commit acts declared by this title to be a misdemeanor shall upon conviction be
punished by a fine not to exceed $1,000 or by imprisonment not to exceed 90
Ordinance No. 019-15
Page 2 of 2
days or by both such fine and imprisonment.
(2) Except as otherwise specifically provided in this title, any person who
commits, conspires to commit or aids or abets or is an accomplice in, or who
falsely, fraudulently or otherwise causes, coerces, requires or directs others to
commit acts declared by this title to be a gross misdemeanor shall upon
conviction be punished by a fine not to exceed $5,000 or by imprisonment for a
maximum term fixed by the court of up to three hundred sixty-four days, or by
both such fine and imprisonment.
Section 2. Severability. If any section, sentence, clause or phrase of this Ordinance should be
held to be unconstitutional or unlawful 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.
Section 3. Publication. This Ordinance shall be published by an approved summary consisting
of the title.
Section 4. Effective Date. This Ordinance shall take effect and be in full force and effect five
days after publication, as provided by law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested
by the Clerk in authentication of such passage this 27th day of October 2015.
Timothy C. Ma thes, Mayor
ATTEST:
Brandy Rinearson, City Clerk
APPROVED AS TO FORM: Sponsored by:
Caro orris, City Attorney lkok ,putaansuu, Councilmember
s' S p'AL1 �o —
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NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council
meeting held October 27, 2015.
ORDINANCE NO. 019-15
AN ORDINANCE OF PORT ORCHARD, WASHINGTON, RELATING TO PENALTIES FOR VIOLATION
OF THE CRIMINAL CODE, AMENDING THE PENALTY FOR A GROSS MISDEMEANOR FROM A FINE
NOT TO EXCEED $5,000 OR BY IMPRISONMENT NOT TO EXCEED ONE YEAR OR BY BOTH SUCH
FINE AND IMPRISONMENT, TO BE MODIFIED CONSISTENT WITH RCW 9A.20.021, SO THAT
SUCH IMPRISONMENT IS "UP TO THREE HUNDRED SIXTY-FOUR DAYS," AMENDING PORT
ORCHARD MUNICIPAL CODE SECTION 9.02.050(2).
Copies of Ordinance No. 019-15 are available for review at the office of the City Clerk of the City of Port Orchard.
Upon written request a statement of the full text of the Ordinance will be mailed to any interested person without
charge. Thirty days after publication, copies of Ordinance No. 019-15 will be provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Published: November 6, 2015