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1786 - Ordinance - New Chapter Relating to Investigative Fund Assessments0 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 December 13, 1999. ORDINANCE NO. 1786 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON CREATING A NEW CHAPTER WITHIN THE PORT ORCHARD MUNICIPAL CODE RELATING TO INVESTIGATIVE FUND ASSESSMENTS. Copies of Ordinance No. 1786 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. 1786 will be provided at a nominal charge. City of Port Orchard ! 1 "` CA&0 Michelle Merlino Deputy Clerk Publish: Port Orchard Independent December25, 1999 i • AN ORDINANCE OF CREATING A NEW MUNICIPAL CODE ASSESSMENTS. ORDINANCE NO. 1786 THE CITY OF PORT ORCHARD, WASHINGTON CHAPTER WITHIN THE PORT ORCHARD RELATING TO INVESTIGATIVE FUND WHEREAS, in connection with the city's enforcement of criminal violations of Port Orchard Municipal Code provisions, the city expends substantial resources on police services and investigation activities, and WHEREAS, because of these substantial costs incurred by those, who violate the law, it is appropriate that when individuals have been convicted of violations, receives a conditional dismissal or a deferred sentence of criminal provisions of the, city code, those individuals should be more responsible for the costs incurred by the city because of such criminal conduct, and WHEREAS, it is appropriate that the city provide for a cost funding, to be imposed on individuals convicted of criminal violations of the city code to help fund the police services involved in investigation, now therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Funding Line -Item Created. There is created within the Police Services Budget of the City of Part Orchard a separate line item to be known as "Investigation Funding." Monies deposited in this line -item shall be used for funding Police and Administration of Justice projects and activities geared towards investigation, including but not limited to: activities related to criminal activity, detection and arrest of criminal offenders, obtaining evidence for prosecution of criminal cases, filing of cases, return of fugitive felons from other jurisdictions, testimony in court cases, recovery of lost and stolen property, missing persons, general police activities responding to and addressing the effects of crime within the community, any other purposes geared to improve administration of the criminal justice system, as determined and approved by the City Council. SECTION 2. Investigation Funding - Contribution Required. In any case where an accused has been convicted, receives a conditional dismissal, or a deferred sentence of any of the below listed crimes, there shall be, in addition to any fine levied, a penalty in the amount of fifty dollars ($50.00), per charge, which penalty shall be non-suspendable and/or not-waiveable and which shall be deposited into the investigation Funding line -item. The fact that this penalty is imposed on each charge shall not in any way reduce the obligation of the accused to pay any other cost, fine or penalty prescribed by the court. VIOLATIONS ENUMERATED IN THE MUNICIPAL CODE VIOLATION TITLE 7,04.100 Cruelty to Animals 9,12,050 False Reporting 9.14,020 Possession of Marijuana 9.14.050 Unlawful Inhalation of Toxic Fumes 916.010 Assault 4h Degree CLASSIFICATION Misdemeanor Misdemeanor Misdemeanor Misdemeanor Gross misdemeanor • 9.16.010.DV Assault 4" Degree - Domestic Violence 9.16.040 Reckless Endangerment 9.16.040 Reckless Endangerment - Domestic Violence 9.16.050 Harassment 9.16.050.DV Harassment - Domestic Violence 9.16.070.DV Coercion - Domestic Violence 9.16.080.DV Stalking - Domestic Violence 9,18.070 Violation of Criminal No Contact Order 9.18.070.DV Viol of Crim NCO - Domestic Violence 9.18.080 Violation of Civil ProtlRestlAntihar Order 9.18.080.DV Viol of Civil PIRIA Ord - Domestic Violence 9.20.020 Prostitution Loitering 9.20.070 Lewd Conduct 9.24.020 Disorderly Conduct 9.26.040 Minor Prohibited where Liquor is Served 9.26.060 Minor BuylPossesslConsume Liquor 9.26.070 Supply Liquor to Minors 9.28.030 Criminal Trespass First Degree 9.28.030.DV Crim Trespass First Degree — Domestic Violence 9.28.040 Criminal Trespass Second Degree 9.28.040.DV Crim Trespass Second Deg — Domestic Violence 9.28.060 Malicious Mischief 3ra Degree 9.28.060.DV Malicious Mischief 3rd Deg — Domestic Violence 9.28.070.DV Possession of Stolen Property Domestic Violence 9,28,090 Theft Third Degree 9.28.090.DV Theft Third Degree - Domestic Violence 9.28.100. DV Vehicle Prowling - Domestic Violence 9.36,030 Unlawful Use of Weapons VIOLATIONS ADOPTED BY REFERENCE 9A.36.070 Coercion 9A.46.110 Stalking 9A.88.110 Patronizing a Prostitute 9A.88.090 Permitting Prostitution 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 Unlawful Carrying Firearm 9.41.270 Unlawful Display of Weapon Ordinance No. 1786 Page 2 of 3 Gross Misdemeanor Gross Misdemeanor Gross Misdemeanor Misdemeanor Misdemeanor Misdemeanor Misdemeanor Gross Misdemeanor Gross Misdemeanor Gross Misdemeanor Gross Misdemeanor Misdemeanor Misdemeanor Misdemeanor Misdemeanor Misdemeanor Misdemeanor Misdemeanor Gross Misdemeanor Misdemeanor Gross Misdemeanor Misdemeanor Misdemeanor Misdemeanor Gross Misdemeanor Gross Misdemeanor Misdemeanor Misdemeanor Gross Misdemeanor Gross Misdemeanor Misdemeanor Misdemeanor Misdemeanor Gross Misdemeanor Misdemeanor Gross Misdemeanor Gross Misdemeanor Gross Misdemeanor Gross Misdemeanor Misdemeanor Gross Misdemeanor i • Model Traffic Ordinance (MTO 46.20.342.1 Driving While License Revoked 1&' Degree 46,20.342.2 Driving While License Revolted 2"d Degree 46.20.342.3 Driving While License Revoked 3`d Degree 46.61.502 Driving Under the Influence 46.52.020 Hit and Run - Attended/Property Damage 46.52.010 Hit and Run - Unattended 46.61.525 Negligent Driving I" Degree 46.61.504 Actual Physical Control 46.61.500 Reckless Driving Ordinance No. 1786 Page 3 of 3 Gross Misdemeanor Misdemeanor Misdemeanor Gross Misdemeanor Gross Misdemeanor Misdemeanor Misdemeanor Gross Misdemeanor Gross Misdemeanor SECTION 3. Validity. The invalidity or unconstitutionality of any provision or section of this ordinance shall not render any other provision or section of this ordinance invalid or unconstitutional. PASSED by the City Council of the City of Port Orchard, signed by the Mayor and attested by the Clerk in authentication of such passage this 13th day of December 1999. ATTEST. 1f ' ESLIE J. WEATHERILL, MAYOR Patricia Parks, City Clerk APPROVED AS TO FORM: SPONSOREDBY: UY, k4� -7/ �-- - 2 �-' — City Attorney Councilman Stansbery