Chapter 5.50
PENALTIES AND COURT COSTS

Sections:

5.50.010    Reimbursement of costs.

5.50.020    Penalties.

5.50.010 Reimbursement of costs.

A. Generally.

1. The court may require a convicted defendant to pay costs. For the purpose of this section, whenever the court has levied a fine or assessed costs against a corporation or unincorporated association, the person or persons authorized to make disbursements from the assets of said organization shall be deemed to be the defendant.

2. Costs shall be limited to expenses specially incurred by the city in prosecuting the defendant, including but not limited to the expenses of providing the defendant with assistance of counsel. All offenders are required to pay for their cost of incarceration at a rate of $50.00 per day if the court determines that the offender, at the time of sentencing, has the means to pay for the cost of incarceration. Payment of all other court ordered financial obligations, however, shall take precedent over the payment of the cost of incarceration ordered by the court. Funds recovered from offenders will go to the city. Costs shall not include expenditures in connection with the maintenance and operation of government agencies that must be made by public irrespective of specific violations of law.

3. The court shall not sentence a defendant to pay costs unless the defendant is or will be able to pay them. In determining the amount and method of payment of costs, the court shall take account of the financial resources of the defendant and the nature of the burden that payment of costs will impose.

4. A defendant who has been sentenced to pay costs, and who is not in contumacious default in the payment thereof, may at any time petition the court which sentenced him for modification of the payment of costs or of any unpaid portion thereof. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or his immediate family, the court may modify all or part of the amount due in costs, or modify the method of payment as provided in this section.

B. Time Allowed for Payment. When a defendant is sentenced to pay a fine or costs, the court may grant permission for payment to be made within a specified period of time or in specified installments. If no such permission is included in the sentence, the fine or costs shall be payable forthwith.

C. Default.

1. When a defendant sentenced to pay a fine or costs defaults in the payment thereof, or of any installment, the court, on motion of the city attorney or upon its own motion, may require the defendant to show cause why the default should not be treated as contempt of court, and may issue a show-cause summons or a warrant of arrest for the defendant’s appearance.

2. If the court finds the default was attributable to an intentional refusal to obey the order of the court or to a failure on the defendant’s part to make a good faith effort to make the payment, the court may find that the defendant is in contempt of court and may order the defendant’s commitment until the fine or costs, or a specified part thereof, is paid.

3. The term of imprisonment for contempt for nonpayment of a fine or costs shall be set forth in the commitment order, and shall not exceed one day for each $25.00 of the fine or costs or fraction thereof, or 30 days, whichever is the shorter period. The court shall specify in its commitment order the rate of pay at which the defendant shall be given credit towards payment of the fine or costs.

4. If the court finds that the default is not contempt, the court may enter an order allowing the defendant additional time to pay the fine or costs of any installment thereof, and/or the court may revoke the fine or costs in whole or in part.

5. A default in the payment of a fine or costs or any installment thereof may be collected by any means authorized by law for the enforcement of a judgment. The levy of execution for the collection of a fine or costs shall not discharge a defendant committed to imprisonment for contempt until the amount of the fine or costs has actually been collected. [Ord. 2853 § 40, 1991; Ord. 2531, 1985; Ord. 1905 § 13, 1977].

5.50.020 Penalties.

Unless otherwise provided in this municipal code, or by state statute or other, adapted by reference, any person convicted of violating any of the provisions of the Edmonds City Code or the Community Development Guide shall be guilty of a gross misdemeanor and shall be punished by a fine not to exceed $5,000.00 and/or by imprisonment in jail for a term not to exceed one year.

Except as otherwise specifically provided in this code, any person convicted of having committed a gross misdemeanor shall be subject to a fine of not more than $5,000 and/or jail not to exceed one year. Any person convicted of a misdemeanor shall be punished by a fine of not more than $1,000 and/or jail not to exceed 90 days; provided further, that where state law otherwise specifically establishes different limits on the imposition of a fine or imprisonment, state law shall control.

Each separate day during which any violation occurs or continues shall be deemed to constitute a separate violation thereof and a separate offense thereunder, and upon conviction thereof shall be punished as provided in this section. Notwithstanding any other city ordinance or provision of the city code regarding violations and penalties, the punishment for an attempt to commit a crime under ECC 5.15.010 is punishable by the same fine and imprisonment as the underlying attempt in crime. [Ord. 2853 § 41, 1991; Ord. 2718, 1989; Ord. 2702 § 2, 1989; Ord. 2663 § 2, 1988; Ord. 2654 § 22, 1988; Ord. 2603 § 1, 1987; Ord. 2566 § 2, 1986; Ord. 2563 § 2, 1986; Ord. 2543, 1985; Ord. 2531, 1985; Ord. 2507, 1985; Ord. 2456, 1984; Ord. 2439, 1984; Ord. 2415 §§ 1 – 3, 1984; Ord. 2372 § 6, 1983; Ord. 2347 § 2, 1983; Ord. 2337 § 3, 1982; Ord. 2293 § 1, 1982].