Chapter 10.59
PENALTIES
Sections:
10.59.020 Jailable misdemeanors.
10.59.030 Other penalties/violations—Civil infraction—Misdemeanor—Gross misdemeanor.
10.59.010 Gross misdemeanors.
A. The following offenses are defined as gross misdemeanors:
1. Violations of RCW Title 9A, as adopted by reference in Chapter 10.03 CMC, and defined as gross misdemeanors in RCW Title 9A;
2. Violations of RCW 9.45.062, as adopted by reference in CMC 10.47.020;
3. Violations of RCW 9.26A.110(1), as adopted by reference in CMC 10.47.010;
4. Violations of RCW 9.91.140, as adopted by reference in CMC 10.47.040, and defined as gross misdemeanors in RCW 9.91.140;
5. Violations of Chapter 10.14 RCW, as adopted by reference in CMC 10.36.010.
B. Every person who is convicted of a gross misdemeanor shall be punished by imprisonment for not more than three hundred sixty-five days, and by a fine not to exceed five thousand dollars, plus costs and assessments, or by both such imprisonment and fine. (Ord. 2450 § 1 (part), 2020: Ord. 1848 § 51, 1995: Ord. 1699 §§ 2, 3, 1990; Ord. 1688 § 23 (part), 1990).
10.59.020 Jailable misdemeanors.
A. The following offenses are defined as jailable misdemeanors:
1. Violations of RCW 9A.84.030 (disorderly conduct), as adopted by reference in Chapter 10.03 CMC;
2. Violations of RCW 9A.76.040 (resisting arrest), as adopted by reference in Chapter 10.03 CMC;
3. Violations of RCW 9A.88.010 (indecent exposure), as adopted by reference in Chapter 10.03 CMC and defined as misdemeanors in RCW 9A.88.010(2);
4. Violations of Chapter 26.50 RCW (domestic violence), as adopted by reference in CMC 10.36.020;
5. Violations of RCW 9.08.070 (dog theft), as adopted by reference in CMC 10.12.020;
6. Violations of CMC 10.12.010(A) (cruelty to animals);
7. Violations of RCW 9.61.230 (harassing telephone calls), as adopted by reference in CMC 10.44.010;
8. Violations of RCW 9.91.140 (food coupons), as adopted by reference in CMC 10.47.040 and defined as misdemeanors in RCW 9.91.140;
9. Violations of CMC 10.21.040 (restraining orders);
10. Violations of CMC 10.21.020 (failure to obey lawful order prohibited);
11. Violations of RCW 9A.52.080 (criminal trespass), as adopted by reference in CMC 10.03.010;
12. Violations of RCW 9A.48.090 (malicious mischief), as adopted by reference in CMC 10.03.010;
13. Violations of CMC 7.15.010 (animals at large prohibited);
14. CMC 10.30.030 (nuisance);
15. Violations of CMC 10.47.050 (obstructing a law enforcement officer).
B. Every person who is convicted of a jailable misdemeanor shall be punished by imprisonment for not more than ninety days, and by a fine not to exceed one thousand dollars, plus costs and penalty assessments, or both such imprisonment and fine. (Ord. 2450 § 1 (part), 2020: Ord. 1848 § 52, 1995: Ord. 1748 § 1, 1992: Ord. 1744 § 1, 1992: Ord. 1688 § 23 (part), 1990).
10.59.030 Other penalties/violations—Civil infraction—Misdemeanor—Gross misdemeanor.
Any person, firm or corporation who knowingly violates or fails to comply with any term or provision not specifically established in this chapter shall be deemed to have committed the following:
A. First Offense. Constitutes a Class 1 civil infraction with the maximum assessment not to exceed the amount of two hundred fifty dollars, not including statutory assessments.
B. Second Offense. Constitutes a misdemeanor and, if found guilty, shall be subject to a fine not to exceed one thousand dollars, plus costs and assessments, and/or imprisonment not to exceed ninety days or to both such fine and imprisonment. A second offense shall mean a violation of this chapter which is committed at the same location by the same individual within one calendar year of the first offense.
C. Third or Subsequent Offenses. Constitutes a gross misdemeanor and, if found guilty, shall be subject to a fine not to exceed five thousand dollars, plus costs and assessments, and/or imprisonment not to exceed three hundred and sixty-five days or both such fine and imprisonment. A third or subsequent offense shall mean a violation of this chapter which is committed at the same location by the same individual within one calendar year of the first offense. (Ord. 2450 § 1 (part), 2020: Ord. 1688 § 23 (part), 1990).