Chapter 1.24
GENERAL PENALTY
Sections:
1.24.010 Designated – Separate offense.
1.24.020 Crime prevention assessments.
1.24.040 Civil infractions – Monetary penalties – Restitution.
1.24.010 Designated – Separate offense.
A. Unless otherwise provided, any person violating any of the provisions or failing to comply with any of the mandatory requirements of any ordinance of the city is guilty of a misdemeanor. Except in cases where a different punishment is prescribed by any ordinance of the city, or is set forth in sections of the Revised Code of Washington which have been adopted by reference by the city, any person convicted of a misdemeanor under the ordinances of the city shall be punished by a fine not to exceed $1,000 or by imprisonment for any term not exceeding 90 days, or by both such fine and imprisonment, and any person convicted of a gross misdemeanor under the ordinances of the city shall be punished by a fine not to exceed $5,000 or by imprisonment for any term of up to 364 days, or by both such fine and imprisonment.
B. Each such person is guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of the city is committed, continued or permitted by any such person, and he is punishable accordingly. (Ord. 1747 § 1, 2011; Ord. 1513-03 § 1, 2003; Ord. 842 § 1, 1986; Ord. 640 § 1, 1982; Ord. 545 § 1, 1980).
1.24.020 Crime prevention assessments.
A. There shall be imposed, as part of the sentence in any case in which a defendant is convicted in the Fife municipal court of a misdemeanor or gross misdemeanor, a nonsuspendable crime prevention assessment in the amount of $50.00 in addition to any other penalty or assessment prescribed by the court. The judge may provide for community service to be performed in lieu of the mandatory assessment if the defendant establishes by clear and convincing evidence that he/she is indigent.
B. For purposes of subsection (A) of this section a conviction shall mean a deferred prosecution, deferred sentence, or guilty finding.
C. Any moneys collected by the court pursuant to the terms of this section shall be deposited into the crime prevention fund maintained by the finance director-treasurer and said moneys shall only be used to further crime prevention activities by the Fife police department. (Ord. 1746 § 1 (Exh. A), 2011; Ord. 1282 §§ 1, 2, 3, 1997; Ord. 1248 §§ 1, 2, 1996).
1.24.030 Civil infractions.
All violations designated by city ordinance as civil infractions shall be issued and processed in accordance with Chapter 7.80 RCW as currently enacted or as hereinafter amended, which is incorporated herein by reference. The city of Fife municipal court shall have jurisdiction over all civil infractions. Each day during which a violation occurs or exists shall be deemed a separate civil infraction. (Ord. 1513-03 § 2, 2003).
1.24.040 Civil infractions – Monetary penalties – Restitution.
A. A person found to have committed a civil infraction shall be assessed a monetary penalty.
1. The maximum penalty and the default amount for a class 1 civil infraction shall be $250.00, not including statutory assessments;
2. The maximum penalty and the default amount for a class 2 civil infraction shall be $125.00, not including statutory assessments;
3. The maximum penalty and the default amount for a class 3 civil infraction shall be $50.00, not including statutory assessments, provided the maximum penalty and the default amount for a class 3 civil infraction under FMC Title 6 shall be $120.00, not including statutory assessments; and
4. The maximum penalty and the default amount for a class 4 civil infraction shall be $25.00, not including statutory assessments.
B. Whenever a monetary penalty is imposed by a court under this chapter it is immediately 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 prosecuting authority of the failure to pay.
C. The court may also order a person found to have committed a civil infraction to make restitution.
D. Payment of a monetary penalty, restitution, or performance of required community service shall not relieve a person of the duty to correct the violation. (Ord. 1901 § 1, 2015; Ord. 1513-03 § 3, 2003).