Chapter 6.10 ENFORCEMENT

Any violation of this chapter is deemed and declared to be a Class II civil infraction unless such violation is expressly designated as another class of civil infraction. Each day of violation shall constitute a separate civil infraction. [Ord. 2010-04 § 2, 2010].

6.10.030 Classes of civil infraction – Monetary penalties – Restitution.

A. There are four classes of civil infraction, RCW 7.80.120(1) and 7.84.100(1), and any person found to have committed a civil infraction shall be assessed a monetary penalty as follows:

1. Class I Civil Infraction. The maximum penalty and the default amount for a Class I civil infraction is the sum of $250.00, not including statutory assessments (as of April 1, 2010, $513.00 with PSEA added).

2. Class II Civil Infraction. The maximum penalty and the default amount for a Class II civil infraction is the sum of $125.00, not including statutory assessments (as of April 1, 2010, $257.00 with PSEA added).

3. Class III Civil Infraction. The maximum penalty and the default amount for a Class III civil infraction is the sum of $50.00, not including statutory assessments (as of April 1, 2010, $103.00 with PSEA added).

4. Class IV Civil Infraction. The maximum penalty and the default amount for a Class IV civil infraction is the sum of $25.00, not including statutory assessments (as of April 1, 2010, $52.00 with PSEA added).

B. In addition to the imposition of a civil penalty, a court may order a person found to have committed a civil infraction to make restitution, including any costs or expenses incurred by the city in abating or eliminating a public nuisance. [Ord. 2010-04 § 2, 2010].

6.10.040 Enforcement officers.

Animal control officers, including the Humane Society executive director and officers under contract, shall be and are designated and appointed as “enforcement officers” and are authorized to initiate, issue and serve notices of civil infraction pursuant to this chapter, for violations of this title. [Ord. 2010-04 § 2, 2010].

6.10.050 Notice of civil infraction – Issuance, service and filing.

A. A civil infraction proceeding is initiated by the issuance, service and filing of a notice of infraction.

B. A notice of civil infraction may be issued upon certification that the issuer thereof has probable cause to believe, and does believe, that a person has committed an infraction contrary to law:

1. By an enforcement officer. The infraction need not have been committed in the enforcement officer’s presence, except as provided by statute;

2. By the city attorney or assistant city attorney.

C. A notice of infraction may be served either by:

1. The enforcement officer serving the notice of infraction on the person named in the notice of infraction at the time of issuance;

2. The enforcement officer or the city attorney or assistant city attorney filing the notice of infraction with the court, in which case the court shall have the notice served either personally or by mail, postage prepaid, on the person named in the notice of infraction at his or her address. If a notice of infraction served by mail is returned to the court as undeliverable, the court shall issue a summons.

D. A notice of infraction shall be filed with the Castle Rock municipal court within 48 hours of issuance, excluding Saturdays, Sundays and legal holidays. A notice of infraction not filed within the time limits prescribed in this section may be dismissed without prejudice. [Ord. 2010-04 § 2, 2010].

6.10.060 Person receiving notice – Identification and detention.

A person who receives a notice of infraction is required to identify himself or herself to the enforcement officer by giving his or her true name, address, and date of birth. Upon request of the enforcement officer, the person shall produce reasonable identification, including a driver’s license or identicard. [Ord. 2010-04 § 2, 2010].

6.10.070 Determination final unless contested.

A notice of infraction represents a determination that a civil infraction has been committed. The determination is final unless contested as provided in this chapter. [Ord. 2010-04 § 2, 2010].

6.10.080 Response to notice of infraction – Required.

A defendant who receives a notice of infraction shall respond within 15 days of the date of the notice if it is personally served or, if the notice is served by mail, within 10 days of the date the notice was mailed. If the response is mailed, it must be postmarked not later than midnight of the day the response is due. [Ord. 2010-04 § 2, 2010].

6.10.090 Response to notice of infraction – Uncontested determination.

If the person determined to have committed the civil infraction does not contest the determination, such person shall respond by completing the appropriate portion of the notice of infraction and submitting it, either by mail or in person, to the court. A check or money order in the amount of the penalty prescribed for the civil infraction must be submitted with the response. The clerk of the court may accept cash in payment for a civil infraction. When a response that does not contest the determination is received, an appropriate order shall be entered into the court’s records. [Ord. 2010-04 § 2, 2010].

6.10.100 Response to notice of infraction – Contested determination.

If the person determined to have committed the civil infraction wishes to contest the determination, such person shall respond by completing the appropriate portion of the notice of infraction requesting a hearing and submitting it, either by mail or in person, to the court. The court shall notify the person in writing of the time, place, and date of the hearing, and that date shall be not earlier than seven days nor more than 90 days from the date of the notice of hearing, except by agreement. [Ord. 2010-04 § 2, 2010].

6.10.110 Response to notice of infraction – Mitigation hearing.

If the person determined to have committed the civil infraction does not contest the determination but wishes to explain mitigating circumstances surrounding the infraction, such person shall respond by completing the appropriate portion of the notice of infraction requesting a hearing for that purpose and submitting it, either by mail or in person, to the court. The court shall notify the person in writing of the time, place, and date of the hearing, and that date shall be not earlier than seven days nor more than 90 days from the date of the notice of hearing, except by agreement. [Ord. 2010-04 § 2, 2010].

6.10.120 Response to notice of infraction – Failure to respond or appear.

The court shall enter a default judgment assessing the monetary penalty prescribed for the civil infraction and shall notify the city attorney of the failure to respond to the notice of civil infraction or to appear at a requested hearing if a person issued a notice of infraction:

A. Fails to respond to the notice of infraction; or

B. Fails to appear at a hearing. [Ord. 2010-04 § 2, 2010].

6.10.130 Hearings – Rules of procedure.

Procedures for the conduct of all hearings provided for in this chapter are those established by the Washington State Supreme Court in the IRLJ. [Ord. 2010-04 § 2, 2010].

6.10.140 Hearings – Counsel.

A. A person subject to proceedings under this chapter may be represented by counsel.

B. The attorney representing the city may appear in any proceedings under this chapter but need not appear, notwithstanding a statute or rule of court to the contrary. [Ord. 2010-04 § 2, 2010].

6.10.150 Hearings – Contesting determination that infraction committed – Appeal.

A. A hearing held to contest the determination that a civil infraction has been committed shall be without a jury and shall be recorded in the manner provided for in courts of limited jurisdiction.

B. The court may consider the notice of infraction and any other written report made under oath submitted by the enforcement officer who issued the notice of infraction or whose statement was the basis for the issuance of the notice of infraction in lieu of the enforcement officer’s personal appearance at the hearing. The person named in the notice of infraction may request the court for issuance of a subpoena of witnesses, including the enforcement officer who issued the notice of infraction, and has the right to present evidence and examine witnesses present in court.

C. The burden of proof is upon the city to establish the commission of the civil infraction by a preponderance of the evidence.

D. After consideration of the evidence and argument, the court shall determine whether the civil infraction was committed. Where it has not been established that the civil infraction was committed, an order dismissing the notice of infraction shall be entered into the court’s records. Where it has been established that the civil infraction was committed, an appropriate order shall be entered into the court’s records.

E. An appeal from the court’s determination or order shall be to the superior court in the manner provided by the Rules for Appeal of Decisions of Courts of Limited Jurisdiction. [Ord. 2010-04 § 2, 2010].

6.10.160 Hearing – Explanation of mitigating circumstances.

A. A hearing held for the purpose of allowing a person to explain mitigating circumstances surrounding the commission of a civil infraction shall be an informal hearing. The person may not subpoena witnesses. The determination that a civil infraction has been committed may not be contested at a hearing held for the purpose of explaining mitigating circumstances.

B. After the court has heard the explanation of the circumstances surrounding the commission of the civil infraction, an appropriate order shall be entered in the court’s records.

C. There is no appeal from the court’s determination or order. [Ord. 2010-04 § 2, 2010].

6.10.170 Monetary penalties – When payable.

Whenever a monetary penalty is imposed by the court under this chapter, it is immediately due and payable. If the person is unable to pay at that time, the court may grant an extension of the period in which the penalty may be paid. If the penalty is not paid on or before the time established for payment, the court may proceed to collect the penalty in the same manner as other civil judgments and may notify the city attorney of the failure to pay. [Ord. 2010-04 § 2, 2010].

6.10.180 Order of court – Civil nature – Modification of penalty – Community service.

A. An order of court entered after receipt of a response which does not contest the determination, or after it has been established at a hearing that the civil infraction was committed, or after a hearing for the purpose of explaining mitigating circumstances is civil in nature.

B. The court may waive, reduce or suspend the monetary penalty prescribed for the civil infraction. If the court determines that a person has insufficient funds to pay the monetary penalty, the court may order performance of a number of hours of community service in lieu of a monetary penalty, at the rate of the then state minimum wage per hour. [Ord. 2010-04 § 2, 2010].

6.10.190 Costs and attorney’s fees.

Each party to a civil infraction case is responsible for costs incurred by that party, but the court may assess witness fees against a nonprevailing defendant. Attorney’s fees may be awarded to either party in a civil infraction case. [Ord. 2010-04 § 2, 2010].

6.10.200 Notice – Failure to respond – Nonappearance – Failure to pay penalty – Misdemeanor.

A. A person upon whom a notice of civil infraction is personally served by an enforcement officer who fails to respond or to appear at a requested hearing is guilty of a misdemeanor. RCW 7.80.070(2)(j).

B. A person who willfully fails to pay a monetary penalty or to perform community service as required by a court under this chapter may be found in contempt of court as provided in Chapter 7.21 RCW. RCW 7.80.150. [Ord. 2010-04 § 2, 2010].

6.10.210 Notices of civil infraction – System established.

A. There is placed in effect a system of “fixless” notices of infraction whereby each enforcement officer shall obtain from his or her department head or supervisor, and sign a receipt for, all books of notices of infraction, in the form prescribed by the administrator for the courts of the state of Washington.

B. Notices of infraction shall be in quadruplicate and shall be consecutively numbered.

C. Any enforcement officer issuing a notice of infraction in accordance with this chapter shall complete the same in accordance with this chapter and in accordance with the rules and regulations of the Supreme Court of the state of Washington.

D. The enforcement officer issuing a notice of infraction shall serve and file the same in accordance with this chapter and in accordance with the rules of the Supreme Court of the state of Washington.

E. Enforcement officers may each obtain not more than two books at any one time but must promptly turn in, to his or her department head or supervisor, each used book to be filed and kept of record in the files of the department by which such enforcement officer is employed. [Ord. 2010-04 § 2, 2010].

6.10.220 Disposition of original and copies of notices of infraction.

A. The original, white in color, shall be filed with the Castle Rock municipal court.

B. The first copy, white in color, shall be retained by the department that employs the enforcement officer issuing the notice of infraction.

C. The second copy, green in color, shall be served upon the defendant or person determined to have committed a civil infraction.

D. The third copy, white in color, shall not be removed from and shall be retained in the book of notices of infraction. [Ord. 2010-04 § 2, 2010].