Chapter 4.76
ANTIPROFITEERING REVOLVING FUND
Sections:
4.76.010 Title.
The ordinance codified in this chapter shall be known as the “antiprofiteering revolving fund ordinance.”
(Ord. 112 (1986) § 1, 1986)
4.76.020 Definitions.
The following words or terms are defined as follows:
(1) “County” means Kitsap County;
(2) “Fund” means the antiprofiteering revolving fund;
(3) “General Fund” means the state’s Public and Safety and Education account in the state General Fund.
(4) “Prosecuting attorney” means the county’s prosecuting attorney;
(5) “State” means the state of Washington;
(6) “Treasurer” means the county’s treasurer.
(Ord. 112 (1986) § 2, 1986)
4.76.030 Creation.
There is created a fund which shall be administered by the prosecuting attorney under the conditions and for the purpose as set forth in this chapter.
(Ord. 112 (1986) § 3, 1986)
4.76.040 Deposits.
The treasurer shall establish a fund account. Accounting procedures authorized by law shall apply to the fund.
(Ord. 112 (1986) § 4, 1986)
4.76.050 Disbursements.
No appropriation shall be required for disbursements from the fund. Disbursements from the fund shall be on authorization from the prosecuting attorney.
(Ord. 112 (1986) § 5, 1986)
4.76.060 Administration.
The fund shall be administered by the prosecuting attorney under the conditions and for the purpose as set forth in this chapter.
(Ord. 112 (1986) § 6, 1986)
4.76.070 Purpose.
The moneys in the fund shall be used by the prosecuting attorney for the investigation and prosecution of any offense included in the statutory definition of criminal profiteering, including civil remedies pursuant to Chapter 9A.82 RCW as now existing or hereafter amended.
(Ord. 112 (1986) § 7, 1986)
4.76.080 Jurisdiction.
The moneys in the fund shall be used by the prosecuting attorney, in conjunction with other law enforcement agencies, for the investigation and prosecution of any offense which occurs within the jurisdiction of the prosecuting attorney as provided by court rules and/or state or federal laws.
(Ord. 112 (1986) § 8, 1986)
4.76.090 Conditions.
(a) Any prosecution and investigation costs including attorney’s fees, recovered for the state by the prosecuting attorney as a result of enforcement of civil and/or criminal statutes pertaining to any offense included in the definition of criminal profiteering in Chapter 9A.82 RCW as now existing or hereafter amended, whether by final judgment, settlement, or otherwise, shall be deposited as directed by a court of competent jurisdiction in the fund.
(b) In an action brought by the prosecuting attorney on behalf of the county under RCW 9A.82.100(1)(b)(i) in which the county prevails, any payments ordered in excess of the actual damages sustained shall be deposited in the General Fund.
(Ord. 112 (1986) § 9, 1986)
4.76.100 Fund maximum.
The maximum level of moneys which may be maintained in the fund shall be one hundred thousand dollars.
(Ord. 112 (1986) § 10, 1986)
4.76.110 Excess moneys.
In the event moneys in the fund exceed the prescribed maximum level, excess moneys shall be transferred to the county’s current expense fund.
(Ord. 112 (1986) § 11, 1986)
4.76.120 Construction.
This chapter shall be liberally interpreted and construed to secure the public safety and the rules of strict construction shall not apply.
(Ord. 112 (1986) § 12, 1986)