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Home My WebLink AboutO-1089 - Police court and police judge; repeals Ch. 2.24, police justice (Repealed by 1420),:}...I !'~...~~---, I •." C 1. T Y 0 F MAR Y S V ILL E Marysville,Washington ORDINANCE NO.~:\089 An Ordinance of the City of Marysville relating to the Police Court and·the·Police Judge,and repealing Chapter 2.24·'o£~he:Mh~vsville Municipal Code. THE CITY COUNCIL OF TH~.CITY OF MARYSVILLE,WASHINGTON DO ORDAIK AS FOLLOWS~:"' Section 1.Police Court.The Police Court of the City of Harysville,as established on January 15,1906 by Ordinance No. 125,is hereby reaffirmed,and the City elects to continue said Court pursuant to RCW 3.50.470 and 35A~20.0l0 in lieu of the establishment of a "mun i ci.paI court".. The Marysville Police Court shall have exclusive jurisdiction over all offenses defined by any ordinance of the City of ~arysville,and all other actions brought to enforce or recover any license,penalty or forfeiture declared or given by any such ordinances,and full power to forfeit bail bonds and issue execution theY~of and full power to forfeit cash bail,and full power and authority to hear and determine all causes, civil or criminal,including traffic infractions,arising under such ordinances,and pronounce judgment in a~cordance therewith, and full power to issue all wairants and process necessary to effectuat~the ordinances of the City. Section 2.Police Judge.A Police Judge shall be a Justice of--ule Peace or an attorney admitted to the practice of law' in the State of Washington;provided,that said qualifications shall not'affect the authorit~of any person holding said office at the ti~e of enactment of this section,until the expiration of said person's then current term of office,to-wit:December 31,1982. Th~Police Judge shall be appointed by the Mayor for a four-year term,and such term shall be concurrent with the t~rm of a Justice of the Peace under the gener~l law effective in Snohomish County. The Police Judge shall be removed only upon conviction of misconduct or malfeasance in office,or because of physical or mental disability rendering him incapable of performing the duties of .his office.. Section 3.Jurisdiction of Police Judge.The Police Judge,in addltlon to powers he may have as a Justice of the Peace, shall have exclusive ju~i~diction over all offenses defined by any ordinance of the City,and all other actions brought to enforce or recover any license,penalty or forfeiture declared or given by any such ordinance,and full power to forfei~bail bonds and issue execution thereon,and full power to forfeit cash bail,and full power and authority to hear and determine all causes,civil or criminal,including traffic infractions,arising under such ordinances, and pronounce judgment in accordance therewith~and full power to issue all warrants and process necessary to effectuate the ordinances of the City.Further,the Police Judge shall have jurisdiction to impose a fine or imprisonment,or both such fine and imprisonment,in all cases where such penalty ~hall be prescribed Ordinance/I' by ordinance.In the trial of actions brought for v i ol a t i.ng any City ordinance,no jury shall be allowed.All civil or criminal proceedings brought before ~uch Police Judge,and judgments rendered by him,shall be subject to review in the Superior Court of Snohomish County,as provided by the statutes of th~State of Washington. Sec ti cn 4.,Oath and Bond,The Police ,Judge,before ~ntering upon the dutie~of the office,shall take an oath of office and execute and file "wit.hthe C1 t y .an official bond,to be r-enewed annually,in the .amoun t of$IO,t)t,)()I~,coneli tioned upon the honest and faithful nerformance of the official duties of said office. Said bond shall "be subject to approval by the City "Administrator. salary in establish ..~-' Section"5,·~Sala'ry,"The Police-Judge shall receive a such amount .as tne C";-L ty Counc i l ma)'·from time to time by Ordinance. Section 6.Venue :""~NQ'change of venue shall be allowed from the Police Judge in actions -br ou glrt r f or violations of C1 ty ordinances. Section 7.OriminalProcess."All criminal process issued by the Pol:r.GeJudg"e shall be"in ".tne"name of the State of'lVashington and run throughout the5tate,be ~irected to the Chief of Poli~e, Marshal or the police officer of any city or to any sheriff or constable in the State and shall be served by him. Section 8.Pros~cution.in Name of C~ty,All pro~ecutions for the violation of"any Clty"ordlnance shall .e conducted In the name of the City,a.nd may be upon the"complaint of any person. Section 9 ."Costs.In all civil and criminal cases arising from the violations of City ordinances tried by the Police Judge, he shali charge as costs in each case the same fees as are charged by Justices of the Peace for like services in every action,OT the following fees,whicheve r are "greater: Filing fee: Witness fees: Failure to Appear fee: Bench Warrant fee: $10.00 plus mileage at 13¢per mile each way," $10.00 $15.00 All fees so charged and collected by,"and all fines,penalties"and forfeitures paid to,the Police Judge shall be~ong t(Y and be paid over "by him,weekly to the City," Sect ion 10.P'ro cedu r e . The manner of commencernent of "actions brought before the PoliEe Judge,the manner of obtaining service upori defendant~ithe procedure during the pendency"of the action,and the enforcement of the judgment"shall be as provided in the case of like actions before Justices of the Peace in Snohomish County. Section 11.Police Judge Pro Temnor e .In the event of the Police Judge's inability to act,or during~n}'temporary absence, Ordinance/2 ...L ' or if he should be disqualified,the Mayor shall appoint any practicing ,attorney,or qualified elector of the City,as Police Judge Pro Tempore,who,before entering upon the duties of such office,shall take and subscribe an oath as other judicial officers, and while so acting,he shall have all the power of the Police Judge.Provided,that such appointment shall not continue for a longer period than the absence or inability of the Police Judge. A Police Judge Pro Tempore shall'r~ceive such compensation for his -services as the City Council may from time to time establish by ordinance. Section 12.Ahnua1 Report of Liquor Law Violations. The Police Judge shall make an annual report to the State Liquor Board concerning prosecutions for liquor law violations as provided in RCW 35.21.170. Section 13.Repealer.Chapter 2.24 of the Marysville ,Municipal Code,having been superceded by the provisions of this Ordinance,is hereby REPEALED,in whole. PASSED by th~Citj Cou~cil and APPROVED by the Mayor this \C''day of December,1979. THE CITY OF MARYSVILLE, ATTEST: By~~k'1'fY ::R APPROVED AS TO FORM: BY~,.~~;.~,'."Vrn ATTON~~ Ordinance/3 :'J.,. "1:•.'.: .~{..(.