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HomeMy WebLinkAboutOrd 1085 - Repeal Ord #415 Regarding Municipal Court 1 COUNCIL ACTION MEETING DATE AGENDA ACTION TYPE a I ITEM I 1111 elk) I49b3I H 1 I/ 1 p CIT Y I I OF TUKWI1 WASHINGTON I I y 13 LJ ORDINANCE NO. 1085 AN ORDINANCE TO REPEAL SECTION 1.12 OF THE TUKWILA MUNICIPAL CODE RELATING TO MUNICIPAL COURT AND TO AMEND SECTIONS 2.68.010 AND 2.68.080 OF THE TUKWILA MUNICIPAL CODE RE- LATING TO MUNICIPAL COURT; AND ADOPTING RCW SECTIONS 35A.20.010 THROUGH 35A.20.100, INCLUSIVE, OF CHAPTER 119, LAWS OF WASHING- TON OF 1967, EX. SESS. The City Council of the City of Tukwila do ordain as follows: Section 1. Purpose. Since the Municipal Court of the City of Tukwila was originally created, Tukwila has become an optional municipal code city, and this ordinance is designed to bring Tukwila Municipal Court within the provisions of optional municipal code sections relating to municipal courts and to repeal or amend inconsistent or conflicting provisions in the present Tukwila Municipal Code. Section 2. Amendment. Section 1, Ordinance No. 726, approved September 5, 1972, and codified in Section 2.68.010 of the Tukwila Municipal Code, is amended to read as follows: "2.68.010 Created. Pursuant to the authority conferred by law, there is created a municipal court entitled: 'The Municipal Court of the City of Tukwila,' which court shall have original jurisdiction over all offenses defined by any city ordinance and all other actions brought to enforce or recover any license, penalty or forfeitures declared or given by any such ordinance or by any state statutes and full power to forfiet bail bonds and issue execution there- on; and full power and authority to hear and determine all causes, civil or criminal, arising under any city ordinances, and to pronounce judgments in accordance therewith and full power to issue all warrants and process necessary to effectuate the ordinances of the city." Section 3. Amendment. Section 1, Ordinance No. 735, approved October 10, 1972, and Section 8(1), Ordinance No 726, approved September 5, 1972, and codified in Section 2.68.080 of the Tukwila Municipal Code, is amended to read as follows: 1 1. 2.68.080 Rules of pleading, practice and procedure. The following rules of pleading, practice and procedure shall govern criminal proceedings in the Tukwila Municipal Court: "(a) Complaint: "(1) Initiation. Except.as otherwise provided in this rule, all criminal proceedings shall be initiated by a complaint; "(2) Contents. The complaint shall be in writing and shall set forth: "(i) the name of the court, "(ii) the title of the action and the name of the offense charged, "(iii) the name of the person charged, and "(iv) the offense charged, in the language of the ordinance, together with a state- ment as to the time, place, person and property involved to enable the defendant to understand the character of the offense charged; "(3) Verification. The complaint shall be signed under oath by the city attorney or other authorized officer. "(b) Citation and notice to appear: "(1) Issuance. Whenever a person is arres- ted for a violation of law which is punishable as a misdemeanor or gross misdemeanor the arresting officer, or any other authorized peace officer, may serve upon the arrested person a citation and notice to appear in court, in lieu of continued custody. In determining whether to issue a citation and notice to appear, a peace officer may consider the following factors: "(i) whether the person has identified oneself satisfactorily, "(ii) whether detention appears reason- ably necessary to prevent imminent bodily harm to oneself or to another, injury to property, or breach of the peace, "(iii) whether the person has ties to the community reasonable sufficient to assure such person's appearance or whether there is substantial likelihood that such person will refuse to respond to the citation, and "(iv) whether the person previously has failed to appear in response to a citation issued pursuant to this section or to other lawful process; "(2) Contents. The citation and notice shall contain substantially the same information as the "Uniform Traffic Ticket and Complaint" sponsored by the American Bar Association Traffic Court program, adopted in JTRT 2.01, and shall include: 2 "(i) the name of the court and a space for the court's docket, case or file number, "(ii) the name of the person, address, date of birth, and sex, "(iii) the date, time, place and des- cription of the offense charged, the date on which the citation was issued, and the name of the citing officer, "(iv) the time and place at which the person is to appear in court, which need not be a time certain but may be within 72 hours or within a greater period of time not to exceed 15 days after the date of the citation, and "(v) a space for the person to sign a promise to appear; "(3) Release. To secure release, the person must give written promise to appear in court as required by the citation and notice served; "(4) Certificate. The citation and notice to appear shall contain a form of certificate by the citing official that such official certi- fies, under penalties of perjury, as provided by RCW 3.50.140 and any law amendatory thereof, that s /he has reasonable ground to believe, and does believe, the person committed the offense contrary to law. The certificate need not be made before a magistrate or any other person. Such citation and notice, when signed by the citing officer and filed with a court of competent jurisdiction, shall be deemed a lawful complaint for the purpose of initiating prosecution of the offense charged therein; "(5) Additional information. The citation and notice may also contain such identifying and additional information as may be necessary and appropriate for law enforcement agencies in the state. 1. The rules of pleading, practice and procedure which shall govern civil proceeding in the Tukwila Municipal Court shall be as provided in the case of like actions in District Courts or before justices of the peace in King County." Section 4. Law Governing Municipal Court. The following statutes of the State of Washington are adopted by reference: RCW 35A.20.010 through RCW 35A.20.100, inclusive, and any amendments thereto. Section 5. Effective Date. The ordinance shall take effect and be in force five (5) days after its passage, approval and legal publication. Section 6. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. Section 7. Repealer. The following is hereby repealed: Ordinance No. 415, approved November 16, 1964, as codified in Section 1.12 of the Tukwila Municipal Code." 3 PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a regular meeting thereof this day of _No NI p 1978. CITY OF TUKWILA, WASHINGTON jel agaid..e1 ATTEST: By 04 Edgar 4. Bauch Mayor M xine ndeerson City Clerk APPR VED AS TO FORM: By Deputy City Attorney PUBLISHED: November 10, 1978 4