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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