014-13 - Ordinance - Amending Chapter 3.88 Investigation FundingIntroduced by: Deborah Hunt
Requested by: Deborah Hunt
Drafted by: City Attorney
Reviewed by: City Attorney
Introduced: June 11, 2013
Adopted: June 11, 2013
ORDINANCE NO.014-13
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, AMENDING PORT ORCHARD
MUNICIPAL CODE CHAPTER 3.88 INVESTIGATION
FUNDING
WHEREAS, in 1999 the Port Orchard City Council adopted Ordinance No.1786,
now codified in Port Orchard Municipal Code (POMQ Chapter 3.88, establishing a
procedure for the collection, administration, and expenditure of funds for certain police
investigation activities and other projects geared to the improvement of the criminal
justice system; and
WHEREAS, in the years following the adoption of Ordinance No. 1786, the
Police Department and the Port Orchard Municipal Court have modified their
procedures regarding investigation funding in compliance with state law; and
WHEREAS, it is the policy of the City of Port Orchard to amend its municipal
code to reflect changes in procedure or state law; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON, DO ORDAIN AS FOLLOWS:
SECTION 1. Port Orchard Municipal Code section 3.88.010 is hereby amended
to read as follows:
3.88.oio Funding line — Item created.
There is created within the police services budget of the city of Port
Orchard a separate line -item to be known as "investigation funding."
Moneys deposited in this line -item shall be used to reimburse police
investigation costs, including but not limited to activities related to a
defendant's criminal activity, detection and arrest of the defendant,
obtaining evidence for prosecution of the defendant's case, filing of the
defendant's case, return of the defendant from another jurisdiction,
testimony in the defendant's court case, and/or the recovery from the
defendant of lost and stolen property.
Ordinance No. 014 -13
Page 2 of 4
SECTION 2. Port Orchard Municipal Code section 3.88.020 is hereby amended
to read as follows:
3.88.020 Investigation funding assessment.
In any case where a defendant has been convicted, or receives a
deferred sentence of any of the below listed crimes, there shall be, in
addition to any fine levied, an assessment in the amount of $50.00, per
charge, which shall be deposited into the investigation funding line item to
reimburse police for costs associated with the investigation of the
defendant's case. The fact that this penalty is imposed on each charge shall
not in any way reduce the obligation of the defendant to pay any other
cost, fine or penalty prescribed by the court. In rendering the assessment,
the Court shall consider the ability of the defendant to pay pursuant to
RCW lo.ol.16o(3).
Violations Enumerated in the Municipal Code
Violation
Title
Classification
7.04.100
Cruelty to Animals
Misdemeanor
9.12.050
False Reporting
Misdemeanor
9.14.020
Possession of Marijuana
Misdemeanor
9.14.050
Unlawful Inhalation of Toxic
Misdemeanor
Fumes
9.16.olo
Assault Fourth Degree
Gross Misdemeanor
9.16.olo.DV
Assault Fourth Degree — Domestic
Gross Misdemeanor
Violence
9:16.040
Reckless Endangerment
Gross Misdemeanor
9.16.040.DV
Reckless Endangerment —
Gross Misdemeanor
Domestic Violence
9.16.050
Harassment
Misdemeanor
q.16-050.DV
Harassment — Domestic Violence
Misdemeanor
9.16:070.DV
Coercion — Domestic Violence
Misdemeanor
9.16.o80.DV
Stalking — Domestic Violence
Misdemeanor
9.18.070
Violation of Criminal No Contact
Gross Misdemeanor
Order
9.18.o7o.DV
Violation of Criminal No Contact
Gross Misdemeanor
Order — Domestic Violence
Ordinance No. 014 -13
Page 3 of 4
9.18.o8o
Violation of Civil
Gross Misdemeanor
Protection/Restraining/Antiharassment
Order
9.18.o80.DV
Violation of Civil
Gross Misdemeanor
Protection/Restraining/Antiharassment
Order — Domestic Violence
9.20.020
Prostitution Loitering
Misdemeanor
9.20.070
Lewd Conduct
Misdemeanor
9.24.020
Disorderly Conduct
Misdemeanor
9.26.040
Minor Prohibited Where Liquor Is
Misdemeanor
Served
9.26.o6o
Minor Buy/Possess/Consume Liquor
Misdemeanor
9.26.070
Supply Liquor to Minors
Misdemeanor
9.28.030
Criminal Trespass First Degree
Misdemeanor
9.28.030.DV
Criminal Trespass First Degree —
Gross Misdemeanor
Domestic Violence
9.28.040
Criminal Trespass Second Degree
Misdemeanor
9.28.040.DV
Criminal Trespass Second Degree —
Gross Misdemeanor
Domestic Violence
9.28.o6o
Malicious Mischief Third Degree
Misdemeanor
9.28.o6o.DV
Malicious Mischief Third Degree —
Misdemeanor
Domestic Violence
9.28.070.DV
Possession of Stolen Property —
Misdemeanor
Domestic Violence
9.28.ogo
Theft Third Degree
Gross Misdemeanor
9.28.ogo.DV
Theft Third Degree — Domestic
Gross Misdemeanor
Violence
9.28.1oo.DV
Vehicle Prowling — Domestic Violence
Misdemeanor
9.36.030
Unlawful Use of Weapons
Misdemeanor
Violations Adopted by Reference
9A.36.070
Coercion
Gross Misdemeanor
9A.46.110
Stalldng
Gross Misdemeanor
9A.88.110
Patronizing a Prostitute
Misdemeanor
9A.88.ogo
Permitting Prostitution
Misdemeanor
Ordinance No. 014 -13
Page 4 of 4
9A.88.030
Prostitution
9A.76.020
Obstructing a Law Enforcement Officer
9A.76.040
Resisting Arrest
9A.76.130
Escape Third Degree
9A.56.170
Possession of Stolen Property
9A.52.100
Vehicle Prowling
9.41.230
Aiming/Discharging Firearm
9.41.050
Carrying Firearm
9.41.270
Unlawful Display of Weapon
Misdemeanor
Gross Misdemeanor
Misdemeanor
Gross Misdemeanor
Gross Misdemeanor
Gross Misdemeanor
Gross Misdemeanor
Misdemeanor
Gross Misdemeanor
SECTION 3. 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 of constitutionality of any
other section, sentence, clause or phrase of this ordinance.
SECTION 4. This ordinance shall be in full force and effect five (5) days after
posting and publication as required by law. A summary of this Ordinance may be
published in lieu of the entire ordinance, as authorized by State 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 iith day of June 2013.
ATTEST:
r
Brandy Rinearson, CMC, City Clerk
APPROVED AS TO FORM:
Gregory A.
Timothy C. atthes, Mayor
Sponsored by:
y 06101 uN;M Clauson, Councilmember
:.sad:
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 June 11, 2013.
ORDINANCE NO. 014-13
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, AMENDING PORT ORCHARD MUNICIPAL
CODE CHAPTER 3.88 INVESTIGATION FUNDING
Copies of Ordinance No. 014-13 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. 014-13 will be
provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Publish: Port Orchard Independent
June 21, 2013