Chapter 2.28
MUNICIPAL COURT1
Sections
2.28.010 Established – Jurisdiction.
2.28.020 Violations bureau established.
2.28.030 Municipal court judge – Appointment.
2.28.040 Judge pro tem – Appointment.
2.28.050 Magistrate – Appointment.
2.28.060 Compensation.
2.28.070 Sessions.
2.28.080 Penalty for certain ordinance violations.
2.28.090 Repealed.
2.28.010 Established – Jurisdiction.
Pursuant to chapter 3.50 RCW as presently constituted or as may be subsequently amended (Chapter 258, Laws of 1984) there is established a court of limited jurisdiction to be known and designated as a municipal court, entitled “The Municipal Court of the City of Des Moines,” which court shall have the authority and jurisdiction granted in Chapter 258, Laws of 1984, together with such other authority and jurisdiction as is generally conferred in this state by either common law or by express statute, currently in effect or as may be subsequently enacted, upon municipal courts so organized. [Ord. 1135 § 2(7)(part), 1995; Ord. 610 § 1, 1984. Formerly 2.52.010.]
2.28.020 Violations bureau established.
There is established a violations bureau under the supervision of the municipal court, which shall function in accordance with the laws of the state. [Ord. 1135 § 2(7)(part), 1995; Ord. 610 § 2, 1984. Formerly 2.52.020.]
2.28.030 Municipal court judge – Appointment.
The municipal court judge holding office on January 1, 1985, shall continue to hold office until January 1, 1986. On or before December 1, 1985, the city manager shall appoint a successor municipal court judge, subject to confirmation by the city council, to take office on January 1, 1986. Subsequent appointments shall be made every fourth year in accordance with this section. The municipal court judge shall discharge the office in accordance with the laws of the state. [Ord. 1349 § 1, 2004: Ord. 1135 § 2(7)(part), 1995; Ord. 610 § 3, 1984. Formerly 2.52.030.]
2.28.040 Judge pro tem – Appointment.
Judges pro tem may be appointed in accordance with the laws of the state. [Ord. 1135 § 2(7)(part), 1995; Ord. 610 § 4, 1984. Formerly 2.52.040.]
2.28.050 Magistrate – Appointment.
The municipal court judge shall appoint a magistrate to hear and determine traffic infractions in which the defendant has requested a mitigating circumstances hearing pursuant to chapter 46.63 RCW. The magistrate shall possess the qualifications to hold the position of judge of the municipal court and shall serve at the pleasure of the municipal court judge. The municipal court judge may serve as magistrate. [Ord. 1135 § 2(7)(part), 1995; Ord. 610 § 5, 1984. Formerly 2.52.050.]
2.28.060 Compensation.
Compensation for the municipal court judge and magistrate shall be set in the annual budget ordinance of the city. Judges pro tem shall be compensated pro rata at the compensation rate of the municipal court judge. [Ord. 1349 § 2, 2004: Ord. 1135 § 2(7)(part), 1995; Ord. 610 § 7, 1984. Formerly 2.52.060.]
2.28.070 Sessions.
Regular sessions of the municipal court shall be held as set by the municipal court judge and may be canceled only in accordance with the laws of the state. Special sessions of the municipal court may be set as the judge, in his or her discretion, may determine is necessary for the effective administration of the municipal court. [Ord. 1349 § 3, 2004: Ord. 1135 § 2(7)(part), 1995; Ord. 610 § 6, 1984. Formerly 2.52.070.]
2.28.080 Penalty for certain ordinance violations.
(1) A person violating or failing to comply with any of the mandatory or prohibitory requirements of the ordinances of the city is punished in the manner prescribed in this section. It shall constitute a separate offense for each and every day during any portion of which a violation of a provision of the ordinances of the city is committed, continued, or permitted by a person.
(2) If the offense is designated a “gross misdemeanor,” it is punished in the manner prescribed in RCW 9A.20.021(2), as presently constituted or as may be subsequently amended.
(3) If the offense is designated a “misdemeanor,” it is punished in the manner prescribed in RCW 9A.20.021(3), as presently constituted or as may be subsequently amended.
(4) If the offense is designated a “criminal offense,” it is punished in the manner of a gross misdemeanor.
(5) If the offense has not been designated a “gross misdemeanor,” “misdemeanor,” or “criminal offense,” it is punished in the manner prescribed for a misdemeanor.
(6) If the offense is designated a “civil infraction,” it is punished in the manner prescribed in the enacting ordinance. [Ord. 1135 § 2(7)(part), 1995; Ord. 1036 § 103, 1993: Ord. 610 § 8, 1984. Formerly 2.52.080.]
2.28.090 Setting compensation rates. Repealed by Ord. 610. [Ord. 558 § 1, 1983. Formerly 2.52.090.]
For statutory provisions regarding the establishment of city courts by cities of 400,000 or less population, see chapter 3.50 RCW. Prior legislation: Ords. 112, 205, 346, 424, 426, 457, 486, 487, 519, and 558.