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HomeMy WebLinkAbout5949 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