Chapter 5.48
VIOLATIONS BUREAU – BAIL REGULATIONS

Sections:

5.48.010  Created.

5.48.020  Establishing bail.

5.48.030  Authority to accept bail.

5.48.040  Authority to accept forfeiture of bail – Consequences.

5.48.050  When person charged may elect to appear before court.

5.48.060  Duties of violations bureau.

5.48.070  Additional duties of violations bureau.

5.48.080  References to “court” and “judge”.

5.48.010 Created.

There is established a violations bureau to assist the municipal court or courts of limited jurisdiction. The violations bureau shall be in charge of such person or persons and shall be open at such hours as the city council may designate. [Ord. 2531, 1985; Ord. 1481, 1970].

5.48.020 Establishing bail.

The municipal court shall designate the specified offenses under ordinances of this city in respect to which payment of bail may be accepted by the violations bureau in satisfaction thereof, and may specify by suitable schedules the amount of such bails for first, second and subsequent offenses; provided such bails are within the limits declared by law or ordinances, and may further specify what number of such offenses shall require appearance before the court. The municipal court may also specify by suitable schedule the bail for persons who have failed to appear before the court as required by statute, ordinance or applicable court rule. [Ord. 2531, 1985; Ord. 2023 § 1, 1978; Ord. 1747 § 1, 1974; Ord. 1481, 1970].

5.48.030 Authority to accept bail.

The court, may by its order, authorize the violations bureau to receive the deposit of bail for appearance in court for specified offenses under a bail schedule issued under this chapter. The violations bureau, upon accepting the prescribed bail, shall issue a receipt to the alleged violator, and whatever other information the court requires, prepared in multiple copies, and shall provide information of the legal consequences of bail forfeiture. One copy of the receipt shall be forwarded to the finance director and one copy shall be retained by the violations bureau. [Ord. 2531, 1985; Ord. 1481, 1970].

5.48.040 Authority to accept forfeiture of bail – Consequences.

The court may by its order authorize the violations bureau:

A. To accept forfeiture on bail in specified cases in accordance with a bail schedule under this chapter in lieu of depositing bail for appearance, in which case a receipt shall be issued to the alleged violator, and shall contain a statement indicating that forfeiture of bail shall terminate the case and, in the case of traffic offenses, may be considered by the State Department of Motor Vehicles only, and for no other purpose, as having the same effect as conviction of the offense charged; and

B. To forfeit bail deposited for appearance on notification by the clerk of the court of failure of the defendant to appear.

Forfeiture of bail under either subsection A or B shall not be construed as payment of a fine but only for the purpose of the distribution of the funds and shall terminate the case. [Ord. 2531, 1985; Ord. 1481, 1970].

5.48.050 When person charged may elect to appear before court.

A. Any person charged with an offense for which payment of bail may be made to the violations bureau shall have the option of forfeiting such bail within the time specified in the notice of arrest at the violations bureau upon waiving appearance in court, or may have the option of depositing required lawful bail and shall be entitled to a trial as authorized by law.

B. The bureau, upon accepting the prescribed bail, shall issue a receipt to the violator acknowledging payment thereof. [Ord. 2531, 1985; Ord. 1481, 1970].

5.48.060 Duties of violations bureau.

The following duties are imposed upon the violations bureau in reference to all offenses:

A. It shall accept designated bail and issue receipts;

B. It shall receive and issue receipts for cash bail from the persons who must or wish to be heard in court, enter the time of their appearance on the court docket, and notify the arresting officer and witnesses, if any, to be present;

C. It shall keep an easily accessible record of all violations of which each person has been guilty during the preceding 12 months;

D. Once each week the violations bureau shall forward to the State Department of Licensing the abstract of court record copy of each traffic complaint and citation indicating the disposition of each case involving bail forfeiture during the previous week. [Ord. 2531, 1985; Ord. 1481, 1970].

5.48.070 Additional duties of violations bureau.

The violations bureau shall follow such procedure as may be prescribed by the ordinances of this city, court rules and as may be required by the laws of the state. [Ord. 2531, 1985; Ord. 1481, 1970].

5.48.080 References to “court” and “judge”.

Wherever in ECC Title 5 the term “court” or “district justice court” or “police court” is used, the term shall be construed to be the municipal court which has jurisdiction in the city of Edmonds. Further, any reference to the terms “judge,” “police judge” or “district justice judge” or “justice of the peace,” which may appear in any ordinance of the city of Edmonds, or this code (unless the reference is to the superior court), shall hereafter be construed and refer to the municipal court for the city of Edmonds having jurisdiction in the city and to the judge (or judge pro tempore) of the municipal court. [Ord. 2531, 1985; Ord. 1747 § 1, 1974; Ord. 1481, 1970].