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ORDINANCE NO. 6_3 5 7
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN; WASHINGTON, AMENDING SECTION
9.02.110 OF THE AUBURN CITY CODE PROVIDING FOR
ADOPTION BY REFERENCE OF ALL STATE GROSS
MISDEMEANOR AND MISDEMEANOR CRIMES; AS AN
EMERGENCY ORDINANCE
WHEREAS, the language of RCW 39.34.180 [attached hereto], in part, makes
cities and towns responsible for prosecution of misdemeanors and gross misdemeanors
committed within their corporate boundaries and referred for prosecution by the city's or
town's law enforcement; and
WHEREAS, these prosecution responsibilities may be camed out either by the
city or town prosecuting the misdemeanors and gross misdemeanors in their own
courts, regardless of whether the misdemeanors and gross misdemeanors are filed
under city or town ordinance -or stafe law; or by the city or town entering into a contract
for prosecution .services.with. the county in which the misdemeanors and gross
misdemeanors occurred; and `
WHEREAS, as was the 'case with many cities, city staff read the language of
RCW, 39.34.180 as not intending to require that cifies and towns adopt state law
. misdemeanors and gross misdemeanors in order to prosecute these crimes and to
comply with the language of RCW 39.34.180; and
WHEREAS, the Court of Appeals' decision in Aubum v. Dustin B. Gaunit, Cause
No 64838-1-1, illustrates an unintended consequence of the language of RCW
39.34:180, as this ruling appears to be contrary to the legislative intent of the law; and
WHEREAS, in order to satisfy the requirements of the Court of Appeals' ruling, it
. is appropriate to. amend the City Code to include ;adoption of all misdemeanors and
gross misdemeanors of state law;and
WHEREAS, a public emergency exists if State . misdemeanors are not
prosecutable by the City, and this ordinance is necessary for the protection of public
health, safety, property or the public peace, and should be made effective upon
adoption.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Ordinance No. 6357
March 15, 2011
Page 1 of 4
Section 1. Arnendment of City Code. Section 9.02.110 of the Auburn City
' Code be, and the same is amended to read as follows:
9.02.110 Adoption of state statutes by reference.
(1) Statutes of the state of Wasfiington specified herein and as
specified in ordinances codified in this title are adopted by reference as
and for a portion of the penal code of the city of Aubum, as if set forth in
full, including the criminal/offense classification and penalty provisions
applicable thereto unless a different classfication and/or penalty is
specfically provided for the particular sections of state statutes adopted by
reference; provided, that the adoption of state statutes by reference shall
not be construed or interpreted to vest in the city any authority or
responsibility to prosecute felony offenses, and the adoption of state
statutes which include felony provisions shall be limited to those
provisions falling within the city's authority, and such adoption,, and the
provisions being adopted, shall be construed and interpreted in
accordance with the lawful authority of the cify.
(2) The citv also hereby adopts bv reference, all of the crimes
defined as qross misdemeanors or misdemeanors in the Revised Code of
Washington, as now enacted or hereafter amended or adoqted, includinq,
but not limited to RCW Title 9 9A 10 13 16 46 66 68 69 and 77.
(Ord. 5682 § 1, 2002.)
Section 2. Implementation. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directions of this
legislation.
Section 3. Severability. The provisions of this ordinance are declared to be
separate and severable. The invalidity of any clause, sentence, paragraph, subdivision,
section or portion of this ordinance, or the invalidity of the application thereof to any
person or circumstance shall not affect the validity of the remainder of this ordinance, or
the validity of its application to other persons or circumstances.
Section 4. Effective date. There is a public emergency and this
ordinance is necessaryfor the protection of public health, public safety, public property
or the public peace, shall be effective upon adoption.
Ordinance No. 6357
March 15, 2011
Page 2 ofi 4
INTRODUCED: MAR 21 2011
PASSED: MAR 21 20l1
APPROVED: MAR ~ 1 ~,pi,,T_
;
' CITY F U.RN ~
,
P . LEWIS
MAYOR
ATTEST`.
Da ` Ile E. Daskam, City Clerk
APPR D TO FORM:
,
Daniel B. Hei , ity A orney
Published:`~'L~~~-~,C
,
Ordinance No. 6357 ,
March 15, 2011 `
Page 3 ofi 4
RCW'39.34.180 Criminal justice responsibilities Interlocal agreements - Termination.
(1) Each county, city, and town is responsible for the prosecution, adjudication,
-sentencing, and incarceration of misdemeanor and gross misdemeanor offenses committed by
adulfs in their respective jurisdictions, and referred from their respedive law enforcement
agencies, whether filed under state law or city ordinance, and must carry out these
responsibilities fhrough the use of their own courts, sfaff, and facilities, or by entering into
contracts or interlocal agreements under this chapter to provide these services. Nothing in this
section is intended to alter the statutory responsibilities of each county for the prosecution,
adjudication, sentencing, and incarceration for not.more than one year of felony offenders, nor
shall this section apply to any offense initially fled by the prosecuting attomey as a felony '
offense or an attempt to commit a felony, offense.
(2) The following principles must be followed in negotiating interlocal agreements or
contracts: Cities and counties must consider (a) anticipated costs of services; and (b)
anticipated and potential reyenues to fund the services, including fnes and fees, criminal justice
funding, and stafe-authorized sales tax funding levied for criminal justice purposes.
(3) If an agreement as to the levels of compensation within an interlocal agreement or
contract for gross misdemeanor and misdemeanor services cannot be reached. between a city
and county, then either party may invoke binding arbitration on.the compensation issued by
notice to the other party. In the case of establishing initial compensation, the nofice shall request
arbitration within thiriy days. In the case of nonrenewal of an existing* contract` or interlocal
agreement, the notice must be given one hundred twenty days prior to the expirafion of the
existing contract or agreement and the existing contract or, agreement remains in effect until a
new agreement is reached.or until an arbitration award on the matter of fees.is made. The city
and county each select one arbitrator, and the initial two arbitrators pidc a third arbitrator.
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(4) A city or county that wishes to terminate an agreement for. the provision of court
. serVices must provide written notice of the intent to terminate the agreement in accordance with
RCW 3.50.810 and 35.20.010. (5) For cities or towns that have not adopted, in whole or in part, criminal code or
ordinance provisions related to misdemeanor and gross misdemeanor crimes as defined by. state law, this section shall have no application until July 1, 1998. [2001 c 68 § 4; 1996 c 308 §
1.J
Ordinance No. 6357 March 15, 2011
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