Chapter 10.04
PENAL CODE
Sections:
10.04.020 Alternative to a fine – Restitution.
10.04.030 Cost of prosecution.
10.04.040 Classification of offenses and penalty.
10.04.050 Adoption by reference – Amendments.
10.04.010 Short title.
This title shall be known and may be cited as the “Clarkston Penal Code.” [Ord. 949, 1983.]
10.04.020 Alternative to a fine – Restitution.
If a person has gained money or property or caused the victim to lose money or property through the commission of a crime, upon a conviction of a crime the court, in lieu of imposing the authorized fine, may order the defendant to pay an amount fixed by the court, not to exceed double the amount of the defendant’s gain or the victim’s loss from the commission of the crime, but in no event shall the amount be greater than $500.00. Such amount may be used to provide restitution to the victim at the order of the court. In such case, the court shall make a finding as to the amount of the defendant’s gain or victim’s loss from the crime, and if the record does not contain sufficient evidence to support such a finding, the court may conduct a hearing upon the issue. For purposes of this section, the terms “gain” or “loss” refer to the amount of money or the value of the property or services gained or lost. [Ord. 949, 1983.]
10.04.030 Cost of prosecution.
Whenever anyone is convicted of an offense under any section of this title or any other title of this code, in addition to the fine imposed, he may be ordered to pay the cost of prosecution, or work out payment in such terms as ordered by the court. [Ord. 949, 1983.]
10.04.040 Classification of offenses and penalty.
(1) For the purposes of this title, all offenses are designated as misdemeanors.
(2) A person convicted of a misdemeanor under this title shall be punished by a fine of not more than $1,000 or by imprisonment of not more than 90 days, or by both such fine and imprisonment. [Ord. 1134 § 1, 1992; Ord. 949, 1983.]
10.04.050 Adoption by reference – Amendments.
Statutes of the state specified in this title are adopted by reference as and for a portion of the Clarkston Penal Code as if set forth in full, with the exception of the penalty provisions of those statutes which are superseded by the penalty provisions of this title as set forth in CMC 10.04.040. The amendment or repeal by the Washington State Legislature of any of the statutes adopted by reference by this title shall be deemed to automatically amend this title in conformity with those statutes, and it shall not be necessary for the legislative authority of the city to take any action with respect to such amendments or repealers. [Ord. 949, 1983.]