Chapter 1.12
GENERAL PENALTIES AND ENFORCEMENT ACTIONS

Sections:

1.12.005    Penalties and enforcement actions for criminal offenses.

1.12.007    Adoption by reference of Washington State criminal codes.

1.12.010    Penalties and enforcement actions for violation of Sequim Municipal Code provisions.

1.12.015    Other penalties and enforcement actions not precluded.

1.12.005 Penalties and enforcement actions for criminal offenses.

Adults who commit misdemeanor and gross misdemeanor offenses within the Sequim city limits and who are referred by city law enforcement officers or law enforcement agencies, whether filed under state law or city ordinance, may be prosecuted by the city attorney’s office or contracted prosecutor, adjudicated, sentenced, and incarcerated in accordance with the city’s contracts and agreements with Clallam County and as provided by law. Where incarceration is by imposition of a jail sentence, the confinement may be in the Clallam County Correction Facility pursuant to agreement with Clallam County or in other alternative confinement arrangements as the courts or applicable law enforcement entities may deem appropriate.

Juveniles who commit criminal offenses within the Sequim city limits are referred after arrest to Clallam County for prosecution, adjudication, sentencing, and incarceration.

Nothing in this section is intended to prevent or prohibit the city from establishing its own municipal court and jail facilities, reinstating prosecution, defense, or other services, or from entering into contracts and agreements for such facilities and services with any other Washington county or city. (Ord. 2021-017 § 1 (Exh. A); Ord. 2017-009 § 1 (Exh. A); Ord. 2011-011 § 1; Ord. 2009-036 § 1; Ord. 2005-016; Ord. 97-001 § 1)

1.12.007 Adoption by reference of Washington State criminal codes.

The city of Sequim hereby adopts by reference all of the crimes defined as gross misdemeanors or misdemeanors in the Revised Code of Washington, as now enacted or hereafter amended, including, but not limited to, RCW Titles 9, 9A, 10, 13, 16, 46, 66, 68, 69 and 77. (Ord. 2021-017 § 1 (Exh. A); Ord. 2011-011 § 1)

1.12.010 Penalties and enforcement actions for violation of Sequim Municipal Code provisions.

A. Criminal Violations. Any person convicted of violating a Sequim Municipal Code provision that contains a criminal penalty is subject to the fines and imprisonment provided for in state law for the same crime. Where a state crime is not specifically identified, the maximum criminal penalties for misdemeanors and gross misdemeanors identified in this code will be in accordance with RCW 9A.20.021(2) and (3), as enacted and as may be amended.

B. Infractions. Any person found to have violated a Sequim Municipal Code provision, where such violation has been identified as an infraction, may be punished in the manner prescribed in the code provision or, if no penalty is described, in the manner provided for in state law for the same infraction. A separate infraction may occur for each and every day that the violation continues to be committed or permitted by the person.

C. Code Enforcement. Activities that violate provisions of this code but are not identified as criminal offenses or infractions are subject to the enforcement actions and penalties described in Chapter 1.13 SMC. (Ord. 2021-017 § 1 (Exh. A); Ord. 2017-009 § 1 (Exh. A); Ord. 2011-011 § 1; Ord. 2009-036 § 1; Ord. 490, 1986; Ord. 486 § 1, 1986; Ord. 357 § 26, 1977)

1.12.015 Other penalties and enforcement actions not precluded.

The enforcement actions and potential penalties described in this chapter are in addition to and do not preclude or limit any other forms of enforcement or potential penalties available to the city. This includes, without limitation, enforcement and penalties available under any other provisions of this code, nuisance actions, actions for injunctions, or any other civil or equitable actions to abate, discontinue, or correct acts in violation of this code. (Ord. 2021-017 § 1 (Exh. A); Ord. 2017-009 § 1 (Exh. A))