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ORDINANCE NO. 5 9 4 9
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON AMENDING
SECTION 9.26.900 OF THE AUBURN CITY CODE
REGARDING DOMESTIC VIOLENCE PENALTY
ASSESSMENTS
WHEREAS, section 10.99.080 of the Revised Code of Washington (RCW)
authorizes courts in this state, including the Auburn Municipal Court, to impose a
penalty assessment not to exceed $100.00 on any person convicted of a
domestic violence crime;
WHEREAS, the state law provides that this assessment shall be in
addition to and shall not supersede any other penalty, restitution, fine or cost
provided by law; and
WHEREAS, the statute also identifies uses for which the funds collected
from such assessments may be used, such as establishing domestic violence
advocacy programs; and
WHEREAS, the City of Auburn, like many communities in the state, has
incidents of domestic violence with which its citizens contend; and
WHEREAS, to better equip the City to address those problems, it would
be advantageous for the City to provide for the assessment of these penalties
and to establish a fund for their statutory purposes.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Ordinance No. 5949
September 15, 2005
Page 1 of 3
Section 1. Amendment to City Code Section. That section 9.26.900
of the Auburn City Code be, and the same is hereby amended to read as follows:
9.26.900 Statutes incorporated by reference.
The following statutes are incorporated in this chapter by reference:
Interfering with the reporting of domestic violence
Abandonment of a dependent person in the third degree
Purpose and intent
Definitions
Restrictions upon and duties of court
Appearances by defendant - No-contact order
(Domestic Violence) Penaltv assessments
Restraining orders - Notice - Refusal to comply - Arrest -
Penalty - Defense - Peace officers, immunity
Definitions
Commencement of action - Jurisdiction - Venue
Petition for order for protection - Availability of forms and
instructional brochures - Filing fee, when required - Bond
not required
Application for leave to proceed in forma pauperis
Hearing - Service - Time
Relief - Realignment of designation of parties
Ex parte temporary order for protection
Issuance of order - Assistance of peace officer -
Designation of appropriate law enforcement agency
26.50.090 Order - Service - Fees
26.50.110 Violation of order - Penalties
26.50.130 Order - Modification - Transmittal
26.50.140 Peace officers - Immunity
26.50.200 Title to real estate - Effect
26.50.210 Proceedings additional
(Ord. 56829 1,2002.)
RCW
9A.36.150
9A.42.080
10.99.010
10.99.020
10.99.040
10.99.045
10.99.080
26.09.300
26.50.010
26.50.020
26.50.030
26.50.040
26.50.050
26.50.060
26.50.070
26.50.080
Section 2. Implementation. The Finance Director is hereby authorized
to establish a City fund or account into which such assessments shall be
deposited and tracked in conformity with the spending restrictions of the statute,
and the Mayor is further authorized to implement such administrative procedures
as may be necessary to carry out the directions of this ordinance.
Ordinance No. 5949
September 15, 2005
Page 2 of 3
Section 3. Severabilitv.
If any portion of this Ordinance or its
application to any person or circumstances is held invalid, the remainder of the
Ordinance or the application of the provision to other persons or circumstances
shall not be affected.
Section 4. Effective Date.
This Ordinance shall take effect and be
in force five (5) days from and after its passage, approval and publication, as
provided by law.
INTRODUCED:
OCT - 3 Z005
OCT - 3 Z005
OCT - 3 Z005
PASSED:
APPROVED:
-'
ETER B. LEWIS
MAYOR
Attest:
A)d4rM!~
Da'nielle E. Daskam,
City Clerk
Published
Ordinance No. 5949
September 15, 2005
Page 3 of 3