Chapter 1.16
GENERAL PENALTY

Sections:

1.16.010    Violations deemed misdemeanors or gross misdemeanors – Penalties.

1.16.020    Place of imprisonment – County agreements.

1.16.030    Forfeiture of bail for parking and traffic violations – Exceptions.

1.16.040    Forfeiture of bail for nontraffic offenses.

1.16.010 Violations deemed misdemeanors or gross misdemeanors – Penalties.

A. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of the City of Sunnyside shall be guilty of a misdemeanor or gross misdemeanor, or liable for civil infraction, depending upon the designation and penalties provided for such violations. All offenses which are adopted by reference from the Revised Code of Washington (RCW) and which are designated as misdemeanors in the RCW shall be misdemeanors hereunder. All offenses which are adopted by reference from the RCW and which are designated gross misdemeanors, shall be gross misdemeanors hereunder.

B. Any of the offenses enumerated in the Model Traffic Ordinance as it is adopted by the City of Sunnyside shall be punishable by a fine and penalties set forth for said offenses. The penalties established by the State statute for violation of RCW Title 46, and as hereinafter amended, are hereby adopted herein.

C. Except as otherwise provided within the City code with respect to specific offenses or violations designated as civil infractions, the penalty for any offense or violation designated as a misdemeanor shall be a jail sentence up to 90 days and a fine up to $1,000. The penalty for any offense or violation designated as a gross misdemeanor shall be a jail sentence up to 365 days and a fine up to $5,000.

D. A person found to have committed a civil infraction not covered by the Model Traffic Ordinance as described in subsection (B) of this section shall be assessed a monetary penalty. Unless otherwise specified in the provisions of this code, the maximum penalty and the default amount for a civil infraction described herein shall be $250.00, not including statutory assessments or applicable costs. The court may also order a person found to have committed a civil infraction to make restitution. [Ord. 2125 § 1, 2006; Ord. 2018 §§ 1, 2, 2000; Ord. 1675 § 1, 1989; Ord. 1645 § 1, 1988; Ord. 1548, 1986; Ord. 1454 § 2, 1984; Ord. 1390 § 1, 1983; Ord. 1170 § 1, 1978.]

1.16.020 Place of imprisonment – County agreements.

A. Any person sentenced to imprisonment for the violation of an ordinance may be imprisoned in the City Jail or in the Yakima County Jail.

B. By resolution, the City Council may approve any joint agreement entered into by and between the City and the Board of County Commissioners of Yakima County for the care, keep and custody of prisoners. [Ord. 1170 § 2, 1978; 1956 Code § 1-1701.]

1.16.030 Forfeiture of bail for parking and traffic violations – Exceptions.

Persons charged with parking and traffic violations need not appear in court on an appearance date, but may forfeit bail in accordance with the bail schedule, except for the following violations:

A. Driving while under the influence;

B. Physical control of a motor vehicle while under the influence;

C. No valid driver’s license;

D. Driving while license suspended or revoked;

E. Violating occupational license restrictions;

F. Driving in violation of financial responsibility;

G. Hit and run;

H. Failure to obey police officers, flagmen or firefighters;

I. Reckless driving;

J. Negligent driving;

K. Leaving children unattended in vehicles;

L. And all other offenses enumerated in Justice Court Criminal Rule (JCrR) 2.09(1);

M. Expired vehicle license;

N. Failure to obtain Washington license after residence established. [Ord. 1552 § 1, 1986; Ord. 1182 § 1, 1978.]

1.16.040 Forfeiture of bail for nontraffic offenses.

Persons charged with nontraffic offenses of the City code need not appear in court on an appearance date, but may forfeit bail in accordance with the bail schedule, except for the following offenses:

A. Threats to do harm;

B. Provoking an assault;

C. Assault in the fourth degree;

D. Reckless endangerment;

E. Coercion;

F. Defying an order to leave premises;

G. Obstructing a law enforcement officer;

H. Unauthorized communication with prisoner;

I. Willfully failing to return to work release;

J. Refusing to summon a police officer;

K. Resisting arrest;

L. Rendering criminal assistance in the second or third degree;

M. Compounding;

N. Escape in the third degree;

O. Introducing contraband in the third degree;

P. Theft in the third degree;

Q. And any other offenses charged in connection with the Domestic Violence Act (Chapter 10.99 RCW);

R. Marijuana prohibited;

S. Drug paraphernalia prohibited;

T. Any other violations of Chapter 69.50 RCW;

U. Nuisance – Privies, filth and animal waste (Chapter 8.16 SMC);

V. Nuisance – Vegetation (SMC 8.20.010);

W. Nuisance – Abandoned and junk vehicles (Chapter 8.28 SMC);

X. Uncontrolled weeds (SMC 9.34.070);

Y. Nuisances affecting public health (SMC 9.34.080). [Ord. 2018 § 3, 2000; Ord. 1696 § 1, 1990; Ord. 1553 § 2, 1986; Ord. 1183 § 1, 1978.]