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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 — • �1� " 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