Chapter 7.01
GENERAL PROVISIONS
Sections:
7.01.010 Title—Effective date—Application—Construction—Severability.
7.01.020 Purposes—Principles of construction.
7.01.030 City criminal jurisdiction.
7.01.040 Classification of offenses.
7.01.050 Authorized penalties for offenses.
7.01.010 Title—Effective date—Application—Construction—Severability.
A. This title shall be known and may be cited as the Ocean Shores criminal code and shall become effective on the twentieth day of August, 1979.
B. The provisions of this title shall apply to any offense committed on or after August 20, 1979, which is defined in this title or the general ordinances, where applicable.
C. The provisions of this title do not apply to or govern the construction of and punishment for any offense committed prior to the effective date of this title. Such an offense and any defenses thereto must be construed and punished according to the provisions of this code existing at the time of the commission thereof, in the same manner as if this title had not been enacted.
D. Definitions, defenses and construction shall, wherever applicable, be in accordance with Title 9A of the Revised Code of Washington, and the applicable common law.
E. If any provisions of this title or its application to any person or circumstance is held invalid, the remainder of the title of the application of the provision to other persons or circumstances is not affected, and to this end the provisions of this title are declared to be severable.
(Ord. 281 § 2 (part), 1979)
7.01.020 Purposes—Principles of construction.
The general purposes of this title are:
A. To forbid and prevent conduct that inflicts or threatens to inflict harm to individual or public interests;
B. To safeguard conduct that is without culpability from condemnation as criminal;
C. To give fair warning of the nature of the conduct declared to constitute an offense;
D. To prescribe penalties based upon the seriousness of the offense.
(Ord. 281 § 2 (part), 1979)
7.01.030 City criminal jurisdiction.
The Ocean Shores criminal code shall have jurisdiction over the following persons:
A. A person who commits any offense, either in whole or in part, in the city;
B. A person who, within the city, attempts to commit an offense outside the city, which is also an offense under the laws of the city;
C. A person who, being outside the city, counsels, causes, procures, aids or abets another to commit an offense within the city.
(Ord. 281 § 2 (part), 1979)
7.01.040 Classification of offenses.
A. The particular classification of each offense defined in this title is expressly designated in the section defining it.
B. For purposes of penalty, offenses are designated as one of three classes, as follows:
1. Class A offense;
2. Class B offense;
3. Class C offense.
C. Where other ordinances of the city classify offenses, the penalties shall be as provided in this title. If other ordinances of the city define criminal conduct without specifically classifying the offense, the offense shall be deemed to be a Class B offense.
(Ord. 281 § 2 (part), 1979)
7.01.050 Authorized penalties for offenses.
A. Every person convicted of a classified offense shall be punished or penalized as follows:
1. For a Class A offense, by imprisonment in jail for a term not to exceed one year, or by a fine not to exceed five thousand dollars, or by both such fine and imprisonment.
2. For a Class B offense, by imprisonment in jail for a term not to exceed ninety days, or by a fine not to exceed one thousand dollars, or by both such fine and imprisonment.
3. For a Class C offense, by a fine not to exceed five hundred dollars.
B. Any ordinance may provide for a different maximum punishment or penalty; provided, that such a maximum shall not exceed the maximum provided in this section for that particular classification of offense.
(Ord. 639 § 1, 1998: Ord. 281 § 2 (part), 1979)
7.01.060 Civil infractions.
A. RCW Chapter 7.80 relating to civil infractions, as it now exists or is hereafter amended, is adopted by reference.
B. The monetary penalties and restitution for civil infractions committed within the City of Ocean Shores shall be as set forth in RCW 7.80.120(1)(a), to-wit:
1. The maximum penalty and the default amount for a Class 1 civil infraction shall be two hundred fifty dollars, not including statutory assessments, except for an infraction of state law involving tobacco products as specified in RCW 70.93.060(4), in which case the maximum penalty and default amount is five hundred dollars;
2. The maximum penalty and the default amount for a Class 2 civil infraction shall be one hundred twenty-five dollars, not including statutory assessments;
3. The maximum penalty and the default amount for a Class 3 civil infraction shall be fifty dollars, not including statutory assessments; and
4. The maximum penalty and the default for a Class 4 civil infraction shall be twenty-five dollars, not including statutory assessments.
(Ord. 763 § 1, 2003: Ord. 698 § 1, 2000)