Chapter 1.28
CIVIL OFFENSES
Sections:
1.28.030 Notice of infraction – Issuance, service, filing.
1.28.050 Person receiving notice – Identification and detention.
1.28.060 Notice – Determination final unless contested – Form.
1.28.080 Hearings – Rules of procedure – Counsel.
1.28.100 Order of court – Civil nature – Modification of penalty – Community service.
1.28.120 Notice, failure to sign, nonappearance – Failure to satisfy penalty.
1.28.140 Notices – Record of – Cancellation prohibited, penalty – Audit.
1.28.005 Findings.
The city council finds that many minor offenses may be appropriately punished by the imposition of civil fines. The city council further finds that a civil infraction system is a more expeditious and less expensive method of disposing of minor offenses and will decrease the costs and workload for the municipal court and that it finds the procedures under Chapter 7.80 RCW are appropriate for a civil penalty system and are hereby adopted. (Ord. 1013 § 1, 1995).
1.28.010 Purpose.
It is the purpose of this chapter to provide for a system of civil infractions and penalties. (Ord. 1717 § 2, 2015; Ord. 759 § 1, 1986).
1.28.015 Definitions.
As used in this chapter:
(1) “Civil infraction” shall mean a violation of the Oak Harbor Municipal Code for which a monetary penalty may be imposed under this chapter. Each day or portion thereof during which a violation occurs or exists shall be deemed a separate civil infraction. Traffic and vehicle violations pursuant to OHMC Title 10 are specifically excluded from the application of this chapter, with the exception of Chapter 10.44 OHMC.
(2) “Enforcement officer” shall mean the city’s code enforcement officer or any person authorized by the director of any department to enforce the provisions of the code or ordinance in which the civil infraction or civil penalty is established, but shall not include private citizens.
(3) “Court” refers to the municipal court for Oak Harbor which is a department of the Island County district court. (Ord. 1717 § 3, 2015; Ord. 1013 § 2, 1995).
1.28.020 Penalties.
(1) A person found to have committed a civil infraction shall be assessed a monetary penalty.
(a) The maximum penalty and the default amount for a Class 1 civil infraction shall be $250.00, not including statutory assessments, except for an infraction of state law involving (i) potentially dangerous litter as specified in RCW 70.93.060(4) or violent video or computer games under RCW 9.91.180, in which case the maximum penalty and default amount is $500.00; or (ii) a person’s refusal to submit to a test or tests pursuant to RCW 79A.60.040 and 79A.60.700, in which case the maximum penalty and default amount is $1,000;
(b) The maximum penalty and the default amount for a Class 2 civil infraction shall be $125.00, not including statutory assessments;
(c) The maximum penalty and the default amount for a Class 3 civil infraction shall be $50.00, not including statutory assessments; and
(d) The maximum penalty and the default amount for a Class 4 civil infraction shall be $25.00, not including statutory assessments.
(2) 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.
(3) The court may also order a person found to have committed a civil infraction to make restitution.
(4) Unless otherwise stated, any violation of the Oak Harbor Municipal Code is a Class 1 infraction.
(5) Nothing in this chapter is intended to prohibit imposition of alternative “civil penalties,” where appropriate. Where “civil penalties” are imposed, the procedures outlined in this chapter shall apply unless an alternative process is provided for in this code. (Ord. 1717 § 4, 2015).
1.28.030 Notice of infraction – Issuance, service, filing.
(1) A civil infraction proceeding is initiated by the issuance, service and filing of a notice of civil infraction.
(2) A notice of civil infraction may be issued by:
(a) An enforcement officer (the infraction need not have been committed in the officer’s presence unless required by law);
(b) The city attorney or his or her authorized designee upon reasonable cause.
(3) The court may issue a notice of civil infraction if an enforcement officer or the city attorney or his or her designee files with the court a written statement that the civil infraction was committed in the officer’s presence or that the officer has reasonable cause to believe that a civil infraction was committed.
(4) Service of a notice of civil infraction shall be as set out in infraction rules for courts of limited jurisdiction (IRLJ’s).
(5) A notice of infraction shall be filed with a court within 48 hours of issuance, excluding Saturdays, Sundays and holidays. A notice of infraction not filed within the time limits prescribed in this section may be dismissed without prejudice. (Ord. 1013 § 3, 1995; Ord. 759 § 3, 1986).
1.28.040 Jurisdiction.
All violations of law designated as civil infractions and civil penalties may be filed in the municipal court of Oak Harbor, unless an alternative process is provided for within the applicable chapter of the OHMC. (Ord. 1717 § 5, 2015; Ord. 759 § 4, 1986).
1.28.050 Person receiving notice – Identification and detention.
(1) A person who is to receive a notice of civil infraction is required to identify himself or herself to the enforcement officer by giving his or her name, address, and date of birth. Upon the request of the officer, the person shall produce reasonable identification, including a driver’s license or identicard.
(2) A person who is unable or unwilling to reasonably identify himself or herself to an enforcement officer may be detained for a period of time not longer than is reasonably necessary to identify the person for purposes of issuing a civil infraction.
(3) The police chief shall adopt rules on identification and detention of persons committing civil infractions. (Ord. 1013 § 4, 1995; Ord. 759 § 5, 1986).
1.28.060 Notice – Determination final unless contested – Form.
(1) A notice of civil infraction represents a determination that a civil infraction has been committed. The determination is final unless contested as provided for by court rules.
(2) The form for the notice of civil infraction shall be as now prescribed by Supreme Court Administration (a copy of which is on file with the city clerk) or as hereafter modified.
(a) A statement that the notice represents a determination that a civil infraction has been committed by the person named in the notice and that the determination is final unless contested as provided in this chapter;
(b) A statement that a civil infraction is a noncriminal offense for which imprisonment may not be imposed as a sanction;
(c) A statement of the specific civil infraction for which the notice was issued;
(d) A statement of the monetary penalty established for the civil infraction;
(e) A statement of the options provided in this chapter for responding to the notice and the procedures necessary to exercise these options;
(f) A statement that at any hearing to contest the determination the state has the burden of proving, by a preponderance of the evidence, that the civil infraction was committed and that the person may subpoena witnesses including the enforcement officer who issued the notice of civil infraction;
(g) A statement that at any hearing requested for the purpose of explaining mitigating circumstances surrounding the commission of the civil infraction, the person will be deemed to have committed the civil infraction and may not subpoena witnesses;
(h) A statement that the person must respond to the notice as provided in this chapter within 15 days;
(i) A statement that failure to respond to the notice 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 person in the amount of the penalty and that this failure may be referred to the prosecuting attorney for criminal prosecution for failure to respond or appear;
(j) A statement, which the person shall sign, that the person promises to respond to the notice of civil infraction in one of the ways provided in this chapter;
(k) A statement that failure to respond to a notice of civil infraction as promised or to appear at a requested hearing is a misdemeanor and may be punished by a fine or imprisonment in jail. (Ord. 1013 § 5, 1995; Ord. 759 § 6, 1986).
1.28.070 Response to notice – Contesting determination – Mitigating circumstances – Hearing – Failure to respond or appear.
(1) Any person who receives a notice of civil infraction shall respond to such notice as provided in this section within 15 days of the date of the notice.
(2) If the person determined to have committed the civil infraction does not contest the determination, the person shall respond by completing the appropriate portion of the notice of civil infraction and submitting it, either by mail or in person, to the court specified on the notice. 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 a court may accept cash in payment for an infraction. When a response which does not contest the determination is received, an appropriate order shall be entered in the court’s records.
(3) If the person determined to have committed the civil infraction wishes to contest the determination, the person shall respond by completing the portion of the notice of civil infraction requesting a hearing and submitting it, either by mail or in person, to the court specified on the notice. The court shall notify the person in writing of the time, place, and date of the hearing, and that date shall not be earlier than seven days nor more than 90 days from the date of the notice of hearing, except by agreement.
(4) If the person determined to have committed the civil infraction does not contest the determination but wishes to explain mitigating circumstances surrounding the infraction, the person shall respond by completing the portion of the notice of civil infraction requesting a hearing for that purpose and submitting it, either by mail or in person, to the court specified on the notice. The court shall notify the person in writing of the time, place, and date of the hearing, and that date shall not be earlier than seven days nor more than 90 days from the date of the notice of hearing, except by agreement.
(5) The court shall enter a default judgment assessing the monetary penalty prescribed for the civil infraction and may notify the prosecuting attorney of the failure to respond to the notice of civil infraction or to appear at a requested hearing if any person issued a notice of civil infraction:
(a) Fails to respond to the notice of civil infraction as provided in subsection (2) of this section; or
(b) Fails to appear at a hearing requested pursuant to subsection (3) or (4) of this section. (Ord. 1013 § 6, 1995; Ord. 759 § 7, 1986).
1.28.080 Hearings – Rules of procedure – Counsel.
(1) Any person subject to proceedings under this chapter may be represented by counsel.
(2) The attorney for the city of Oak Harbor need not appear in any proceeding. (Ord. 1013 § 7, 1995; Ord. 759 § 8, 1986).
1.28.085 Burden of proof.
The burden of proof is upon the city to establish the commission of an infraction by a preponderance of the evidence. (Ord. 1013 § 8, 1995).
1.28.090 Rules.
The infraction rules for the courts of limited jurisdiction (IRLJ), as now in effect or hereafter amended, shall apply to hearings for civil infractions. If there is a conflict between those rules and this chapter, the IRLJ’s shall apply. (Ord. 1013 § 9, 1995; Ord. 759 § 9, 1986).
1.28.100 Order of court – Civil nature – Modification of penalty – Community service.
(1) An order entered after the 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. 1013 § 10, 1995; Ord. 759 § 10, 1986).
1.28.110 Construction.
(1) Nothing in this chapter shall be construed as limiting the city’s power to collect for actual damages or enforce laws by abatement of nuisances or for injunctive relief.
(2) If any provision under this chapter or any ordinance providing for a civil penalty may be construed in two ways, the construction chosen shall be the one which is constitutional and conforms to statute and court rule.
(3) References to ordinances, constitution statutes and court rules shall be construed as referring to the constitutional provisions, statutes, court rules and ordinances in effect at the time that the offense is committed rather than the date of passage of the ordinance codified in this chapter.
(4) If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter or the application of the provision to other persons or circumstances is not affected. (Ord. 759 § 11, 1986).
1.28.115 Costs.
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 respondent. (Ord. 1717 § 6, 2015; Ord. 1013 § 11, 1995).
1.28.120 Notice, failure to sign, nonappearance – Failure to satisfy penalty.
(1) A person who fails to sign a notice of civil infraction 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 of counsel.
Every person convicted of a misdemeanor offense under this section shall be punished by imprisonment in jail for a maximum term fixed by the court of not more than 90 days or a fine in an amount fixed by the court of not more than $1,000 or both such imprisonment and fine.
(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 as now in effect or hereafter amended. (Ord. 1013 § 12, 1995).
1.28.140 Notices – Record of – Cancellation prohibited, penalty – Audit.
The processes, procedures and requirements outlined in RCW 7.80.150 now in effect or as subsequently amended are hereby adopted. (Ord. 1717 § 8, 2015; Ord. 1013 § 14, 1995).