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HomeMy WebLinkAbout2011-004 ORDINANCE NO. 2011 —004 AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON CREATING ANEW CHAPTER 3.86 OF THE ARLINGTON MUNICIPAL CODE RELATING TO CRIME PREVENTION FUNDING WHEREAS, in connection with the City's enforcement of criminal violations of the Arlington Municipal Code, the City expends substantial resources on police services and crime prevention activities; and WHEREAS, because of the substantial costs incurred by the City as a result of persons violating the law, it is appropriate that those individuals who have been convicted of criminal misdemeanor and gross misdemeanor violations of the Municipal Code be responsible for the costs incurred by the City's taxpayers because of such criminal conduct; and WHEREAS, it is appropriate that the City provide for a cost funding mechanism, to be imposed on individual convicted of criminal misdemeanor and gross misdemeanor violations of the Municipal Code to help pay for the police services involved in crime prevention. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARLINGTON, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Purpose The purpose of this ordinance is to create a new chapter in the Arlington Municipal Code establishing Crime Prevention Funding as a line-item in the General Fund budget. Section 2.Creation of Chapter 3.86 of the Arlington Municipal Code. A new chapter 3.86 of the Arlington Municipal Code is hereby created to read as follows: Chapter 3.86 CRIME PREVENTION FUNDING Sections: 3.86.010 Fund Created 3.86.020 Sources of Crime Prevention Funding—.Contribution Required 3.86.030 Expenditures 3.86.010 Fund Created. There is created and established within the General Fund budget of the City of Arlington a separate line-item to be known as CRIME PREVENTION FUNDING. 3.86.020 Source of Crime Prevention Funding - Contribution Required. 1. In any case where an accused has been convicted of a misdemeanor or gross misdemeanor crime in Arlington Municipal Court, there shall be, in addition to any fine ORDINANCE NO. 2011-004 1 levied, a penalty in the amount of fifty dollars ($50.00) per charge, which penalty shall be non-suspendable, and which shall be deposited into the Crime :Prevention Fund line-item. The fact that this penalty is imposed on each charge shall not in any way reduce the obligation of the accused to pay any other cost, fine or penalty prescribed by the court. 2. For the purposes of subsection (1) of this section a conviction shall include a deferred prosecution, deferred sentence or guilty finding. 3.86.030 Expenditures. Monies deposited in to this line item fund shall be used for funding Police and administration of justice projects and activities geared towards crime prevention, including but not limited to: publications and dissemination of crime prevention information and for funding of other crime prevention projects and purposes, and for general police activities responding to and addressing the effects of crime within the community, and for any other purposes geared to improve administration of the criminal justice system, as determined and approved by the City Council. Section 3. Severability. If any section, subsection, sentence, clause, phrase or word of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase or word of this ordinance. Section 4. Effective Date. A summary of this Ordinance consisting of its title shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days after the date of publication. PASSED by the City Council of the City of Arlington and APPROVED by the Mayor thi!k day ofn v LA, , 2011. CITY OF ARLINGTON Margar Larson, Mayor ATTEST: Kristin anfield, City Clerk APPROVED AS TO FORM: Ste en J. P ffle, City ttorney ORDINANCE NO. 2011-004 2 CERTIFICATION OF ORDINANCE I, Kristin Banfield, being the duly appointed and acting Clerk of the City of Arlington, Washington, a municipal corporation, do hereby certify that the following Ordinance #2011-004 was approved at the February 22, 2011 City Council meeting. ORDINANCE #2011-004 "AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON CREATING A NEW CHAPTER 3.86 OF THE ARLINGTON MUNICIPAL CODE RELATING TO CRIME PREVENTION FUNDING" A true and correct copy of the original ordinance is attached. Dated this 23rd day of February 2011. KristiA,Banfield City Clerk for the City of Arlington