Chapter 1.30 CIVIL (NONTRAFFIC) VIOLATIONS

This chapter shall be applicable to all violations of this code and to violations of regulations and Washington state statutes that are incorporated into this code by reference or otherwise, except for violations that are expressly designated to be misdemeanors or gross misdemeanors, and except for traffic infractions and parking violations. (Ord. 2573 § 1, 1994).

1.30.020 Code violations designated as Class II civil infractions.

Any violation of this code to which this chapter applies 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. 2573 § 1, 1994).

1.30.030 Code violations designated as Class IV civil infractions.

The violation of LMC 10.40.020 is declared to be a Class IV civil infraction. Each day of violation shall constitute a separate civil infraction. (Ord. 2573 § 1, 1994).

1.30.040 Classes of civil infraction – Monetary penalties – Restitution.

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

(a) 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, except for an infraction of the city ordinances involving tobacco products as specified in LMC 7.32.040(3), in which case the maximum penalty and default amount is $500.00.

(b) 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.

(c) 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.

(d) 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.

(2) 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. 2777 § 1, 2000; Ord. 2573 § 1, 1994).

1.30.045 Community service officers – Concurrent authority.

Community service officers, employed as noncommissioned employees of the Longview police department, shall have the authority to enforce all of the provisions of this chapter and of Chapters 7.12, 10.31, 11.12, 11.16, 11.44, 11.50, 11.56, 11.60, 11.62, 12.20, and 13.01 LMC. Such authority shall include the same power to issue notices of civil infraction that has been conferred upon other city employees designated as “enforcement officers” pursuant to LMC 1.30.050, together with the authority to direct the impoundment of motor vehicles pursuant to this code and pursuant to Chapter 46.55 RCW. Insofar as other enforcement officers of the city have similar authority under other sections of this code, the authority of such other enforcement officers and that of community service officers shall be deemed to be concurrent. (Ord. 2879 § 1, 2004; Ord. 2746 § 3, 1999; Ord. 2631 § 1, 1996).

1.30.050 Enforcement officers.

Department heads or supervisors and city employees employed in the following departments, as designated by the department head or supervisor, 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 the Longview Municipal Code or regulation provisions or sections that are subject to their supervision, interpretation or enforcement:

(1) The director of finance, in connection with LMC Title 5, business licenses and taxation;

(2) The director of community and economic development, in connection with Chapter 7.12 LMC, Garbage Collection; LMC 7.28.020, improper occupancy of mobile abode, Chapter 7.32 LMC, Litter Control, LMC 10.32.080, Trees and shrubbery – Cutting, removing, injuring, placing posters and fixtures thereon, LMC 11.40.070, merchandise for sale on streets and sidewalks, Chapter 11.12 LMC, improper storage of wrecked or dismantled vehicles, Chapter 12.20 LMC, Removal of Debris, LMC Title 16, Buildings and Construction, and LMC Title 19, Zoning;

(3) The director of parks and recreation, in connection with LMC 6.16.010, Molesting wild animals, LMC 6.16.020, Keeping animals which molest wild animals, Chapter 13.01 LMC, Park Use Regulations, and Chapter 10.32 LMC, Parks and Recreational Facilities – Offenses;

(4) The chief of the fire department, in connection with LMC Title 18, Fire Prevention, including the fire code and the fire code standards;

(5) The director of the Cowlitz County Humane Society, in connection with Chapter 6.06 LMC, Animals and Animal Control;

(6) The director of public works, in connection with Chapter 7.12 LMC, Garbage Collection, Chapter 15.72 LMC, water connection violations, Chapter 15.80 LMC, cross-connection violations and LMC Title 15, Water and Sewers;

(7) The librarian of the Longview Public Library, in connection with LMC 10.40.020, Library books;

(8) The chief of police in connection with all violations, and, in particular, Chapter 10.36 LMC, Parades, and Chapter 12.04 LMC, Banners. (Ord. 3044 § 5, 2008; Ord. 2879 § 2, 2004; Ord. 2774, 2000; Ord. 2762 § 1, 2000; Ord. 2589 § 1, 1995; Ord. 2573 § 1, 1994).

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

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

(2) 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:

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

(b) By the city attorney or assistant city attorney.

(3) A notice of infraction may be served either by:

(a) The enforcement officer serving the notice of infraction on the person named in the notice of infraction at the time of issuance;

(b) 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.

(4) A notice of infraction shall be filed with the Longview 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. 2573 § 1, 1994).

1.30.070 Person receiving notice – Identification and detention.

A person who receives a notice of infraction under LMC 1.30.050 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. 2573 § 1, 1994).

1.30.080 Notice of civil infraction – Form.

The notice of civil infraction shall be as prescribed by the administrator for the courts, and shall contain the following information:

(1) A statement that the notice of infraction represents a determination that a civil infraction has been committed by the defendant and that the determination is final unless contested as provided in this chapter;

(2) A statement that a civil infraction is a noncriminal offense for which imprisonment may not be imposed as a sanction;

(3) A statement of the specific infraction that the defendant is alleged to have committed and the accompanying statute, regulation or Longview Municipal Code section number, the date, time and place the alleged infraction occurred, the time that the notice of infraction was issued, and the name and, if applicable, the number of the enforcement officer;

(4) A statement that the defendant must respond to the notice of infraction within 14 days of issuance;

(5) A space for the defendant to sign a promise to respond to the notice of infraction within the time required;

(6) A space for the entry of a monetary penalty which defendant may pay in lieu of appearing in court;

(7) A statement that a mailed response must be mailed not later than midnight on the day the response is due;

(8) A statement of the options provided in this chapter for responding to the notice of civil infraction and the procedures necessary to exercise these options;

(9) A statement that at any hearing to contest the determination that the city has the burden of proving, by a preponderance of the evidence, that the civil infraction was committed and that the defendant may subpoena witnesses including the enforcement officer who issued the notice of civil infraction;

(10) A statement that at any hearing requested for the purpose of explaining mitigating circumstances surrounding the commission of the civil infraction, the defendant will be deemed to have committed the civil infraction and may not subpoena witnesses;

(11) A statement that failure to respond to the notice of infraction or a failure to appear at a hearing requested for the purpose of contesting the determination or for the purpose of explaining mitigating circumstances will result in a default judgment against the defendant in the amount of the penalty and that this failure may be referred to the city attorney for criminal prosecution for failure to respond or appear;

(12) A statement that the defendant shall sign that the defendant promises to respond to the notice of infraction in one of the ways provided in this chapter;

(13) A statement that failure to respond to a notice of infraction as promised or to appear at a requested hearing is a misdemeanor and may be punished by a fine or imprisonment in jail;

(14) The name, address, and telephone number of the Longview municipal court;

(15) The name and address of the defendant. (Ord. 2573 § 1, 1994).

1.30.090 Notice – 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. 2573 § 1, 1994).

1.30.100 Response to notice of infraction – Required.

A defendant who receives a notice of infraction shall respond to such notice as provided in LMC 1.30.110 through 1.30.140 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. 2573 § 1, 1994).

1.30.110 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. 2573 § 1, 1994).

1.30.120 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. 2573 § 1, 1994).

1.30.130 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. 2573 § 1, 1994).

1.30.140 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:

(1) Fails to respond to the notice of infraction as provided in LMC 1.30.100; or

(2) Fails to appear at a hearing requested as provided in LMC 1.30.120 or 1.30.130. (Ord. 2573 § 1, 1994).

1.30.150 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. 2573 § 1, 1994).

1.30.160 Hearings – Counsel.

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

(2) 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. 2573 § 1, 1994).

1.30.170 Hearings – Contesting determination that infraction committed – Appeal.

(1) 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.

(2) 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.

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

(4) 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.

(5) 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. 2573 § 1, 1994).

1.30.180 Hearing – Explanation of mitigating circumstances.

(1) 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.

(2) 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.

(3) There is no appeal from the court’s determination or order. (Ord. 2573 § 1, 1994).

1.30.190 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. 2573 § 1, 1994).

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

(1) 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.

(2) 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. 2573 § 1, 1994).

1.30.210 Costs and attorney 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 fees may be awarded to either party in a civil infraction case. (Ord. 2573 § 1, 1994).

1.30.220 Notice – Failure to sign – Nonappearance – Failure to pay penalty – Misdemeanor.

(1) A person upon whom a notice of civil infraction is personally served by an enforcement officer who fails to sign the same is guilty of a misdemeanor.

(2) Any person willfully violating his or her written and signed promise to appear in court or his or her written and signed promise to respond to a notice of civil infraction is guilty of a misdemeanor regardless of the disposition of the notice of civil infraction. A written promise to appear in court or a written promise to respond to a notice of civil infraction may be complied with by an appearance by counsel.

(3) 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. (Ord. 2573 § 1, 1994).

1.30.230 Definitions.

(1) “Regulation” means any and all Washington state statutes, or any standard code of technical regulations adopted by reference by ordinances of the city, including, but not limited to, the building code, the fire code, and portions of the Washington Administrative Code.

(2) “Department” means any division of the administration of the city which is directed by a department head or supervisor including, but not limited to, the police department, the fire department, the finance department, the parks and recreation department, the engineering department, the department of public works, the department of community and economic development and the Longview Public Library.

(3) “Defendant” means a person named in a notice of infraction under this chapter as having committed a civil infraction. (Ord. 2774, 2000; Ord. 2762 § 1, 2000; Ord. 2573 § 1, 1994).

1.30.240 Notices of civil infraction – System established.

(1) 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.

(2) Notices of infraction shall be in quadruplicate and shall be consecutively numbered.

(3) 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.

(4) 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.

(5) 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. 2573 § 1, 1994).

1.30.250 Disposition of original and copies of notices of infraction.

(1) The original, white in color, shall be filed with the Longview municipal court.

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

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

(4) The third copy, white in color, shall not be removed from and shall be retained in the book of notices of infraction. (Ord. 2573 § 1, 1994).

1.30.260 Notices of infraction – Records – Cancellation prohibited – Penalty – Audit.

(1) The director of finance shall be the custodian and shall maintain a supply of book of notices of infraction for use pursuant to this chapter. All notices of infraction shall conform to the requirements of the administrator for the courts.

(2) The director of finance may deliver or provide to department heads or supervisors a sufficient quantity of books of notices of infraction for use by such department heads or supervisors and the enforcement officers employed in their respective departments. Department heads or supervisors shall be required to sign for all books of notices of infraction issued to them, and thereafter shall be responsible for retention thereof in accordance with this chapter.

(3) The department head or supervisor of each department shall be responsible for the issuance of such books and shall maintain a record of every such book and each notice of infraction contained therein issued to enforcement officers of his or her department and shall require and retain a signed receipt for every book so issued.

(4) Upon the deposit of the original notice of infraction with the court, copies may be disposed of only as provided in this chapter.

(5) It is official misconduct for any enforcement officer or city employee to dispose of a notice of infraction or copies thereof or of the record of the issuance thereof in a manner other than as required in this chapter.

(6) Any person who cancels or solicits the cancellation of any notice of infraction in any manner other than as provided for in this chapter is guilty of a misdemeanor.

(7) All notices of infraction required to be filed in departmental files, all books of notices of infraction, and all records pertaining to notices of infraction shall be subject to audit or examination at all times. (Ord. 2762 § 1, 2000; Ord. 2573 § 1, 1994).