HomeMy WebLinkAbout4538
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ORDINANCE NO. 4 5 3 8
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AMENDING AUBURN CITY CODE CHAPTER 10.08 ENTITLED
"TRAFFIC VIOLATIONS BUREAU" TO BE CONSISTENT WITH THE
ESTABLISHMENT OF THE CITY OF AUBURN MUNICIPAL COURT.
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WHEREAS" the City Council of the City of Auburn has
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previously established a "Traffic violations Bureau" as
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codified under Auburn City Code Chapter 10.08 to assist the
Aukeen District Court in the clerical work of traffic cases;
and
WHEREAS, pursuant to Ordinance No. 4521, the Council
added a new Chapter 2.14 to the Auburn City Code entitled "The
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Municipal Ccurt System" and thereby established a municipal
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court for the City of Auburn; and
WHEREAS, Chapter 10.08 of the Auburn City Code must
therefore be amended to provide for the city municipal court
rather than the Aukeen district court.
NOW, THEREFORE, THE CITY COUNCIL OF THE Cn'Y OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Seotion 1._
Auburn City Code Chapter 10.08 entitled
"Traffic Violations Bureau" is hereby amended to substitute
the Auburn Hunicipal Court for the Aukeen District Court as
delineated in Exhibit "A" which is attached hereto and
incorporated herein.
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Ordinance No. 4538
December 11, 1991
Page 1
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seotion 2.
The Mayor is hereby authorized to implement
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such administrative procedures as may be necessary to carry
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out the directions of this legislation.
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Seotion 3.
This Ordinance shall not affect the practice
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of the Traffic Violations Bureau of assistinC] the Aukeen
District Court regarding any traffic cases filed prior to
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seotion 4.
This Ordinance shall take effect and be in
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full force on January 1, 1992 after its passage, approval and
publication as provided by law.
INTRODUCED:
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PASSED:
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APPROVED:
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M A I' 0 R
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Ordinance No. 453B
December 11, 1991
Page 2
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ATTEST:
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~ /tUMiJw/7/Ã )
Robin Wohlhueter,
City Clerk
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APPROVED AS TO FORM:
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~k,,~
Stephen R. Shelton,
city Attorney
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PUBLISHED:
1r.9. ,a~' 91
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Ordinance No. 4538
December 11,1991
Page 3
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CHAPTER 10.08
TRAFFIC VIOLATIONS BUREAU
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Sections:
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10.08.010
10.08.020
10.08.030
10.08.040
10.08.050
10.08.060
Creation.
Bail forfeitures.
Personal recognizance bond execution duties.
Post-trial procedures.
Driver education penalty remittances.
Limitations.
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10.08.010 Creation.
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There is created and established within the city a
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traffic violations bureau to assist the city ((B"à-~fie AMkee"
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;MB~:i:ee)) municipal court with the clerical work of traffic
cases. The bureau shall be in charge of the finance director
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and shall be open at such hours and at such places as the
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mayor of the city, in consultation with the :judge of the
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((AMkee"--~~kct---;MB~:i:ee))
may
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court,
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designate fr'om time to time.
The mayor of the city, after
consultation with the judge, may appoint and designate one of
the persons employed in the traffic violations bureau as chief
traffic violations clerk.
10.08.020 Bail forfeitures.
In traffic matters where a bail forfeiture is authorized
by the revised bail schedule of the ((AMkee"--à±ß~~±e~
24 ;MB~:i:ee)) city municipal court, a form provided by the court
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Ordinance No. 4538 Exhihit "A"
December 11, 1991
Page 1
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violations bureau. The original will be stapled to the
permanent violations bureau copy of the uniform traffic
citation and complaint. The remaining two copies will be
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taken with payment of the bail and driver education penalty
directly to the finance director of the city, where payment in
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full will be made.
The finance director will thereupon
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complete the finance director's items on the form, keep one
copy for his files, and at least weekly will return the third
copy of such form to the clerk of the traffic violations
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bureau.
The clerk will staple such third copy of the
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permanent violations bureau copy of the uniform traffic
citation and complaint and will file them in numerical
sequence in the permanent files of the bureau.
The clerk of
the traffic violations bureau will complete the disposition of
items on the reverse side of the remaining copies of the
citations and will dispatch them at least weekly to the
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appropriate agencies.
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10.08.030 Personal reoognizanoe bond exeoution duties.
In traffic matters where trial is requested or is
mandatory, according to the revised bail schedule, the clerk
of the traffic violations bureau is authorized to allow
23 violators to execute and complete a form of personal
24 recognizance bond, as provided by the ((AMkee"--à:i:B~~:i:e~
25 ;MB~:i:ee) citv municipal court. The clerk will thereupon send
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Ordinance No. 4538 Exhibit" A"
December 11, 1991
Page 2
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all copies of the traffic citation and complaint together with
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the executed personal recognizance bond to the ((AMkee"
B:i:B~!':i:e~-:i1: :5~-iee)) city municipal court for docketing, trial
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and disposition.
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10.08.040 Post-trial prooedures.
Following trial on the merits, if a finding of "not
guilty" is made, a docket entry to this effect shall be made
and the ((hMkee"-~~~~~~e~--~~iee)) citv municipal court
personnel will complete all actions.
If, after trial on the
merits, a defendant is found guilty and a fine and driver
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education penalty is assessed / the clerk of the court will
prepare a form in four copies keeping the original with the
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court.
The remaining copies shall be given to the defendant
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immediately with instructions to take or send payment of his
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fine and penalty in full within a definitely stated period
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directly to the finance director of the city.
Upon payment,
the finance director will complete the finance director's
items on the form, keep one copy for his files, and at least
weekly, will return the third copy of the form to the ( (AMkee"
21 à:i:B~!':i:e~--:i"ti'S-t-i-ce)) ci tv municipal court where the remaining
22 necessary actions will be completed.
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Ordinance No. 4538 Exhihit "A"
December 11, 1991
Page 3
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10.08.050 Driver eduoation penalty remittances.
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The finance director will make remittance of the
4 state driver education penalty periodically, as required,
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directly to 1:he State Treasurer.
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10.08.060 Limitations.
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The procedures set out in this chapter will not
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apply in the case of criminal matters not involving traffic
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violations.
The ((AMkeel'l--d-i.-s-tfl-et:--:t1:t~t:-~ee)) citv municipal
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court will ((ee"~iI'lMe-~e)) process those cases ((BB-~e~ere).
Likewise, in the case of persons charged and booked in the
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procedures will remain in effect.
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Ordinance No. 4538 Exhihit "A"
Decemher 11, 1991
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