Chapter 1.08 Penalties for Violation

Chapter 1.08
Penalties for Violation

Sections:

1.08.010 Violation of certain provisions of Title 8.

(a) Any person who is found guilty of a violation of the municipal code of the city of Montesano, including but not limited to any provision of Chapters 8.04, 8.08, 8.12, 8.16, 8.40, 8.44, 8.56, 8.60, 8.64, and 8.68, except Section 8.04.380, shall, upon conviction, be subject to a fine of up to five thousand dollars and up to one year in jail; provided, that those penalties which from time to time are established within the Model Traffic Ordinance, as adopted in Chapter 9.04, shall control as to the maximum for such violations; provided further, that in the event the criminal offense charged and upon which the individual has been convicted is the same as a criminal offense established by state law, then the maximum penalty, or in the event the state law creates a mandatory minimum penalty, that mandatory minimum penalty shall, under city ordinance, be the same as that established by state law for that crime; provided still further, that no action which is a state crime shall be deemed to be a civil infraction under the provisions of the city code.

(b) In the event that any section of this code establishes a specific penalty, then that penalty shall control, it being the intent of the city that the penalty established by this section shall be a general penalty provision. (Ord. 1341 §IV 1993: Ord. 1237 §1, 1986: Ord. 1204 §11, 1984).

1.08.020 Violation of Section 8.04.380.

Any person found guilty of a violation of Section 8.04.380 shall be punished as follows:

(1) The court shall order the defendant to make full restitution within one hundred eighty days. Failure to make timely full restitution shall be dealt with as a second offense.

(2) The defendant shall not be imprisoned but the court shall impose a minimum fine of one hundred dollars. Of the fine imposed, at least fifty dollars shall not be suspended or deferred. Upon conviction for a second offense within any twelve-month period by the court of this city, the court may impose a fine of up to five hundred dollars; provided, that two hundred dollars of the fine may not be suspended or deferred. Upon a second or subsequent conviction as aforesaid, the defendant may further be sentenced to a jail sentence of up to ninety days. (Ord. 1204 §12, 1984).

1.08.030 General penalty.

Any person convicted or found to have violated any provision of this code within which the penalty provision referenced in this section shall be subject to the following penalty or punishments:

(1) In the event of a first violation within any six-month period, be issued a notice of infraction and, upon a finding of committed, be subject to a penalty of up to two hundred fifty dollars;

(2) In the event of a second violation within any six-month period, be issued a notice of infraction and, upon a finding of committed, be subject to a penalty of up to five hundred dollars, one hundred fifty dollars of which may be neither suspended nor deferred;

(3) In the event of a third and subsequent violation within any six-month period, be subject to issuance of a criminal citation, and upon conviction, be guilty of a misdemeanor and, subject to punishment by a fine not to exceed one thousand dollars, two hundred fifty dollars of which shall be neither suspended nor deferred, by imprisonment in jail not to exceed ninety days, or by both such fine and imprisonment. (Ord. 1370 §2, 1995).

1.08.040 Violation of Title 17.

Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who unlawfully resists the enforcement of any of the provisions of Chapter 17 shall be subject to the following penalties or punishments:

A. Upon a finding of a first violation of any provision of Chapter 17 in any one twelve-month period, an infraction penalty of up to two hundred fifty dollars, but in no event less than one hundred dollars;

B. Upon a finding of a second violation in any one twelve-month period of any provision of Chapter 17, an infraction penalty of up to five hundred dollars, but in no event less than two hundred fifty dollars;

C. In the event that a person is charged with a third violation of Chapter 17 within any twelve-month period and either a prior alleged violation is still pending or the person has been found to have committed that prior infraction, then this second charge shall be deemed a misdemeanor and shall be subject to punishment as provided in Section 1.08.030(3); provided that in the event of a conviction, the fine imposed shall be no less than one hundred fifty dollars. None of such one hundred fifty dollars is subject to suspension or deferral;

D. In addition to such fines or penalties as may be imposed pursuant to this section, upon the finding of a violation of this chapter or a conviction of a violation of this chapter, the court may impose such restitution for losses that have arisen out of the violation and further order such corrective action as it finds appropriate and necessary to remedy the violation. Each day that a violation is permitted to exist shall constitute a separate offense. (Ord. 1416 §1, 1998).