HomeMy WebLinkAboutOrd 0735 - Municipal Court
1085 §1 1324 §2
kan gh l
CITY of TUK WILA
WASHINGTON
ORDINANCE NO. 735 73•
AN ORDINANCE AMENDING ORDINANCE NO. 726,
SECTION 8, SUB SECTION 1, AND SECTION 10.
The City Council of the City of Tukwila, Washington,
do ordain as follows:
Section 1. That Ordinance No. 726, Section 8, Sub
Section 1, be amended to read as follows:
Sub Section 1.
(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 statement 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 arrested 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 himself
satisfactorily;
(ii) whether detention appears reasonably necessary
to prevent imminent bodily harm to himself or
to another, injury to property, or breach of
the peace;
(iii) whether the person has ties to the community
reasonably sufficient to assure his appearance
or whether there is substantial likelihood that
he will refuse to respond to the citation; and
-1-
(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:
(i) the name of the court and a space for the
court's docket, case or file number;
(ii) the name of the person, his address, date
of birth, and sex;
(iii) the date, time, place and description of the
offense charged, the date on which the cita-
tion 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;
(v) a space for the person to sign a promise to
appear.
(3) Release. To secure his release, the person must
give his 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
he certifies, under penalties of perjury, as provided by
RCW 3.50.140, and any law amendatory thereof, that he has rea-
sonable grounds to believe, and does believe, the person com-
mitted 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 com-
plaint 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.
Section 2. That Section 10 of said Ordinance No. 726
be amended to read as follows:
SECTION 10.a,The Mayor shall appoint judges pro tem,
who shall act in the absence or disability of the regular judge
of the Tukwila Municipal Court. The judges pro tem shall be
qualified to hold the position of judge of the Municipal Court
as provided herein. Compensation for judges pro tem shall be
not less than $35.00 for each court session and shall be computed
at the rate of $35.00 per hour for time actually spent in court
sessions and in processing complaints and warrants or in con-
ducting any other duties required of them as judges pro tem.
-2-
b. The Municipal Court judge may appoint one or more
Municipal Court commissioners, who shall hold office during the
pleasure of the Municipal Court judge. Each Municipal Court
commissioner shall have such power, authority and jurisdiction
in criminal matters as the Municipal Court judge shall pre-
scribe by court order.
Passed by the City Council and approved by the Mayor
at a regular meeting thereof on October /OM 1972.
7 2-- or
Mayor
Attest-
deo
C'ty Cle
Approved as to Form:
4
City Attorney
Published: Pit( evn rnCS 10\ \qa-
-3-