Chapter 1.24
PENALTIES FOR CRIMINAL VIOLATIONS1
Sections:
1.24.010 Criminal penalties generally.
1.24.020 Failure to respond to notice of infraction.
1.24.030 Identification of undesignated violations.
1.24.010 Criminal penalties generally.
A. Unless a specific penalty is expressly provided, for all violations of ordinances of the city which are identified as misdemeanors, upon conviction, such violations are punishable by imprisonment in the appropriate city or county jail for a period of up to 90 days and a fine of up to $1,000, or by both such fine and imprisonment.
B. Unless a specific penalty is expressly provided, for all violations of ordinances of the city which are identified as gross misdemeanors, upon conviction, such violations are punishable by imprisonment in the appropriate city or county jail for a period of up to one year and a fine of up to $5,000, or by both such fine and imprisonment.
C. Any violations of ordinances of the city that are identified as criminal violations, including being punishable by criminal penalties, but not identified as to whether they are misdemeanors or gross misdemeanors, shall be deemed misdemeanors or gross misdemeanors, as follows:
1. Criminal violations that are punishable by up to and including imprisonment in the appropriate city or county jail for a period of up to one year and a fine of up to $5,000, or by both such fine and imprisonment, shall be deemed gross misdemeanors; provided, that criminal violations that are punishable by not more than imprisonment in the appropriate city or county jail for a period of up to 90 days and a fine of up to $1,000, or by both such fine and imprisonment, shall be deemed misdemeanors;
2. Criminal violations that are adopted by reference from state statutes, or extrapolated with the same or substantially the same language from state statutes, shall be classified as misdemeanors or gross misdemeanors consistent with their classification by state statutes, and shall be punishable accordingly;
3. Criminal violations that are not identifiable as either misdemeanors or gross misdemeanors shall be deemed misdemeanors and shall be punishable accordingly.
D. In addition, a defendant may be assessed court costs, jury fees and such other fees or costs as may be authorized in statute or court rules. In any court proceeding to enforce this section, the city shall have the burden of proving by evidence beyond a reasonable doubt that a violation occurred. In a proceeding under this section a defendant shall be accorded each and every right protected under the Constitutions of the United States of America and the state of Washington, all applicable federal, state and local laws, and applicable court rules promulgated by the Washington Supreme Court and the inferior courts under the authority of the Washington Supreme Court. (Ord. 5677 § 1, 2002; Ord. 4285 § 2, 1988; Ord. 3618 § 1, 1981; Ord. 2754 § 1, 1973.)
1.24.020 Failure to respond to notice of infraction.
It shall be a misdemeanor to fail to respond to a notice of civil infraction issued by a police officer or other official of the city authorized to issue civil notices of infraction. In any court proceeding to enforce this section, the city shall have the burden of proving beyond a reasonable doubt both that the violator was personally served with the notice of civil infraction and that the violator willfully failed to respond to the infraction by either appearing in court as directed or by paying the fine for the infraction. (Ord. 5677 § 1, 2002.)
1.24.030 Identification of undesignated violations.
In the case of a violation of any ordinance of the city that is not identified as either a criminal violation or as a civil infraction, where its character is not able to be determined as one or the other by inference or by the context of the language of the ordinance, or by the language of state statutes with the same or substantially the same language, such violation shall be deemed as a civil infraction, and shall be punishable in accordance with ACC 1.25.050. (Ord. 5677 § 1, 2002.)
For statutory provisions authorizing code cities to impose penalties for ordinance violation of a fine not exceeding $500.00 or imprisonment for a term not exceeding six months or both, see RCW 35A.11.020; for provisions recognizing the assessment of costs upon conviction of a city ordinance violation, see RCW 3.62.040; for provisions authorizing third-class cities to work prisoners, see RCW 35.24.290(13); for provisions granting a code city all powers of any city of any class, see RCW 35A.21.160.