Chapter 2.28
MUNICIPAL COURT

Sections:

2.28.010    Creation and name of court.

2.28.020    Jurisdiction.

2.28.030    Penalties.

2.28.040    Pleadings, practice and procedure.

2.28.050    Judges, appointment and qualifications.

2.28.060    Oath of office.

2.28.070    Salary of municipal court judge.

2.28.080    Judges pro tem.

2.28.090    Vacancies.

2.28.100    Sessions of court.

2.28.110    Jury fees.

2.28.120    Seal of the court.

2.28.130    Criminal process.

2.28.140    Violations bureau.

2.28.150    Failure to appear.

2.28.160    Failure to comply with court orders.

2.28.010 Creation and name of court.

There is created pursuant to the Court Improvement Act of 1984, Chapter 258, Laws of 1984 and RCW Chapter 3.50, as amended by the Court Improvement Act of 1984, a municipal court which shall be entitled “Municipal Court of Ocean Shores,” which court shall have jurisdiction and shall exercise all powers authorized by RCW Chapter 3.50, as amended by the Court Improvement Act of 1984, Chapter 258, Laws of 1984, together with such other powers and jurisdiction as are generally conferred upon such a court in the state either by common law or by express statute. (Ord. 395 § 3, 1984)

2.28.020 Jurisdiction.

The municipal court shall have exclusive original jurisdiction over traffic infractions arising under city ordinances and original criminal jurisdiction of all violations of city ordinances duly adopted by the city and shall have original jurisdiction of all other actions brought to enforce or recover license penalties or forfeitures declared or given by such ordinances or by state statutes. The municipal court is empowered to forfeit cash bail or bail bonds and issue execution thereon; and in general to hear and determine all causes, civil or criminal, including traffic infractions, arising under such ordinances and to pronounce judgement in accordance therewith. (Ord. 395 § 4, 1984)

2.28.030 Penalties.

Every person convicted by the municipal court in violation of the criminal provisions of an ordinance for which no punishment is specifically prescribed in the ordinance, shall be punished by a fine of not more than five thousand dollars, or imprisonment in jail for a period not to exceed one year, or both such fine and imprisonment. (Ord. 395 § 5, 1984)

2.28.040 Pleadings, practice and procedure.

Pleadings, practice and procedure in cases not governed by statute or rules specifically applicable to municipal courts, shall insofar as applicable, be governed by the statutes and rules now existing or hereafter adopted governing pleadings, practice and procedure applicable to district courts of the state. (Ord. 395 § 6, 1984)

2.28.050 Judges, appointment and qualifications.

The city manager shall appoint a municipal judge for a term of four years. The appointment shall be confirmed by a majority vote of the city council. The term of a judge serving on the effective date of the ordinance codified in this chapter and of a municipal judge who is appointed to a term commencing before January 1, 1986, shall expire January 1, 1986. The term of this successor shall commence on January 1, 1986, and on January 1st of each fourth year thereafter. Appointments shall be made on or before December 1st of the year next preceding the year in which the term commences. The person appointed as municipal judge shall be a citizen of the United States of America and the state and an attorney admitted to practice law before the courts of record of the state. (Ord. 395 § 7, 1984)

2.28.060 Oath of office.

Every judge of the municipal court, before entering upon the duties of the office shall take and subscribe the following oath or affirmation: “I do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the State of Washington and that I will faithfully discharge the duties of the Office of Judge of the Municipal Court of Ocean Shores according to the best of my ability.” The oath shall be filed in the office of the county auditor. (Ord. 395 § 8, 1984)

2.28.070 Salary of municipal court judge.

The salary of the municipal court judge shall be set by the city council. All costs of operating the municipal court, including, but not limited to, the salary of the judge and court employees, dockets, books of record, forms, furnishings, and supplies, shall be paid wholly out of the funds of the city. (Ord. 633 § 1, 1998: Ord. 401 § 1, 1985: Ord. 395 § 9, 1984)

2.28.080 Judges pro tem.

The city manager shall, in writing, appoint judges pro tem who shall act in the absence or disability of the regular judge of the municipal court or subsequent to the filing of an affidavit of prejudice. The judge pro tem or judges pro tem shall qualify to hold the position of judge of the municipal court as provided in this chapter. The municipal court judges pro tem shall receive compensation equal to that of the regular municipal court judge, prorated to the actual days of service as a judge pro tem. The term of appointment of judges pro tem shall be specified in writing but shall in any event not extend beyond the term of the mayor. (Ord. 395 § 10, 1984)

2.28.090 Vacancies.

Any vacancy in the municipal court due to the death, disability or resignation of the municipal court judge shall be filled by appointment by the city manager for the remainder of the unexpired term. The appointed judge shall be qualified to hold the position of judge of the municipal court as provided by this chapter. (Ord. 395 § 11, 1984)

2.28.100 Sessions of court.

The municipal court shall be open and shall hold such regular and special sessions as may be prescribed by the city council by resolution; provided, that the municipal court shall not be open on nonjudicial days. (Ord. 395 § 12, 1984)

2.28.110 Jury fees.

Persons serving as jurors shall be entitled to be paid ten dollars for each day in attendance upon the municipal court, and in addition thereto shall receive mileage at the rate determined under RCW 43.03.060 or as hereafter amended. (Ord. 395 § 13, 1984)

2.28.120 Seal of the court.

The municipal court shall have a seal which shall be the vignette of George Washington with the words, “Seal of the Municipal Court of Ocean Shores, State of Washington,” surrounding the vignette. (Ord. 395 § 14, 1984)

2.28.130 Criminal process.

All criminal process issued by the municipal court shall be in the name of the state and run throughout the state, and be directed to and served by the chief of police, marshal or other police officer of any city or to any sheriff in the state. (Ord. 395 § 15, 1984)

2.28.140 Violations bureau.

There is established a traffic violations bureau to assist the court in processing traffic cases which shall operate under the supervision of the municipal court. The court shall designate the specific traffic offenses and traffic infractions which may be processed by the violations bureau. The violations bureau shall process traffic infractions in conformity with RCW Chapter 46.63 or such other procedures as may be designated by the court. The violations bureau is authorized to receive the posting of bail for specified offenses and, to the extent authorized by court order, permitted to accept forfeiture of bail and payment of penalties. All penalties and forfeitures paid to a violations bureau for the violation of a city ordinance shall be placed in the city general fund or such other fund as may be prescribed by city ordinance. (Ord. 395 § 16, 1984)

2.28.150 Failure to appear.

Every person who, without lawful excuse, fails to appear before the municipal court, on a date specified after having promised to so appear or having been ordered to so appear in connection with a charge pending in that court shall be guilty of a Class B offense as defined in Title 7 of this code. This section shall apply to initial appearances and all subsequent appearances ordered by the court or required by law. (Ord. 402 § 1, 1985)

2.28.160 Failure to comply with court orders.

Any person who fails or refuses without lawful excuse to comply with the terms of any lawful sentence imposed upon him by the municipal court shall be guilty of the offense of failure to comply with court order. Failure to comply with court order is a Class B offense as defined by Title 7 of this code. (Ord. 402 § 2, 1985)