Chapter 1.20 GENERAL PENALTY

Chapter 1.20
GENERAL PENALTY

Sections:

1.20.030 Fine or costs – Default in payment.

1.20.040 Classes of civil infraction – Monetary penalties – Restitution.

1.20.010 Classification of crimes.

A. A crime is a gross misdemeanor when so designated in this code or by any ordinance of the city. When no specific punishment for a particular gross misdemeanor is prescribed by any other ordinance, a gross misdemeanor is punishable upon conviction thereof by a fine of not more than $5,000 or by imprisonment in the city jail for not more than one year, or by both such fine and imprisonment.

B. A crime is a misdemeanor when so designated in this code or by any ordinance of the city. When no specific punishment for a particular misdemeanor is prescribed by any other ordinance, a misdemeanor is punishable upon conviction thereof by a fine of not more than $1,000, or by imprisonment in the city jail for not more than 90 days, or by both such fine and imprisonment.

C. Whenever the performance or omission of any act is prohibited by this code or any ordinance, and no penalty for the violation of such code section or ordinance is imposed, the commission or omission of such act shall be denominated and declared to be a misdemeanor.

D. When not otherwise provided by a particular ordinance, every person violating any of the provisions of this code or failing to comply with any of the mandatory requirements of this code is guilty of a separate offense for each and every day during any portion of which the violation is committed, continued or permitted by any such person.

E. In addition to the penalties provided in this section, any condition caused or permitted to exist in violation of any of the provisions of this code is a public nuisance and all remedies given by law for the prevention and abatement of nuisances shall apply regardless of any other remedy. (Ord. 404 § 1, 1986; Ord. 359 § 8A.02.020, 1984)

1.20.020 Limitation of actions.

By reference, the city adopts state statute RCW 9A.04.080 (as enacted or as amended). (Ord. 20-08 § 5 (Exh. A), 2020; Ord. 359 § 8A.02.030, 1984)

1.20.030 Fine or costs – Default in payment.

By reference, the city adopts RCW 10.01.180 (as enacted and including all future amendments). (Ord. 20-04 § 5 (Exh. A), 2020; Ord. 380 § 1, 1985; Ord. 359 § 8A.24.020, 1984)

1.20.040 Classes of civil infraction – Monetary penalties – Restitution.

A. The city council designates four classes of civil infractions.

1. Class 1 Civil Infraction. The maximum penalty for a Class 1 civil infraction is $250.00, not including statutory assessments.

2. Class 2 Civil Infraction. The maximum penalty for a Class 2 civil infraction is $125.00, not including statutory assessments.

3. Class 3 Civil Infraction. The maximum penalty for a Class 3 civil infraction is $50.00, not including statutory assessments.

4. Class 4 Civil Infraction. The maximum penalty for a Class 4 civil infraction is $25.00, not including statutory assessments.

B. If a provision of this code designates a prohibited act or a prohibited omission as a “civil infraction” and does not designate its class, it is a Class 1 civil infraction.

C. A monetary penalty imposed by a court under this chapter is immediately payable. If the person is unable to pay at that time, the court may postpone the due date up to 90 days. If the penalty is not paid by the due date, the court may collect the penalty in the same manner as other civil judgments and may notify the prosecuting authority of the failure to pay.

D. In lieu of payment of all or part of a monetary penalty, a court may order the performance of community service.

E. In addition to imposing a civil penalty, a court may order a person found to have committed a civil infraction to pay restitution, including any costs or expenses incurred by the city in abating or eliminating a public nuisance. (Ord. 15-01 § 4 (Exh. A), 2015; Ord. 06-14 § 2, 2006)