Chapter 1.04
PROSECUTION FOR VIOLATIONS1

Sections:

1.04.010    Types of violations.

1.04.020    Penalties.

1.04.030    Enforcement officers.

1.04.040    Failure to appear, criminal cases.

1.04.045    Failure to pay fines.

1.04.050    Other remedies.

1.04.060    Prior obligations preserved.

1.04.010 Types of violations.

(1) Misdemeanors and gross misdemeanors shall be prosecuted by the city prosecutor and processed in the municipal court pursuant to the Criminal Rules for Courts of Limited Jurisdiction (CrRLJ).

(2) The city prosecutor shall also have the authority to prosecute infractions as governed by the Infraction Rules for Courts of Limited Jurisdiction (IRLJ).

(3) The municipal court shall have the authority to adopt such local rules it deems necessary to process cases pursuant to this chapter. (Ord. 14-22 § 1, 2022; Ord. 04-05 § 1, 2005).

1.04.020 Penalties.

(1) Gross Misdemeanor. Every person convicted of a gross misdemeanor shall, unless otherwise specified, be punished by a fine not to exceed $5,000 or by confinement in jail for a term not to exceed 364 days or by both such fine and confinement.

(2) Misdemeanor. Every person convicted of a misdemeanor shall, unless otherwise specified, be punished by a fine not to exceed $1,000 or by confinement in jail for a term not to exceed 90 days or by both such fine and confinement.

(3) Infractions. Unless otherwise specified by applicable law, infraction penalties shall be as set by the IRLJ. (Ord. 14-22 § 1, 2022; Ord. 01-21 § 1, 2021; Ord. 19-07 § 1, 2007; Ord. 04-05 § 1, 2005).

1.04.030 Enforcement officers.

(1) General authority law enforcement officers of the Buckley police department are enforcement officers with respect to all provisions of this code.

(2) Additional enforcement officers may be designated by code provision. (Ord. 04-05 § 1, 2005).

1.04.040 Failure to appear, criminal cases.

If the municipal court issues a bench warrant pursuant to CrRLJ 2.5, the act or failure to act that caused such issuance shall constitute a misdemeanor punishable pursuant to this chapter. (Ord. 04-05 § 1, 2005).

1.04.045 Failure to pay fines.

In addition to any statutory penalties there shall be a penalty of $50.00 for failure to pay fines imposed herein. (Ord. 04-05 § 1, 2005).

1.04.050 Other remedies.

Nothing in this chapter shall preclude the city from pursuing other forms of enforcement and relief, including civil damages, abatement, and injunction. (Ord. 04-05 § 1, 2005).

1.04.060 Prior obligations preserved.

Notwithstanding the adoption of this chapter, any violation of city ordinances occurring before its effective date may be cited or charge under the predecessor Chapter 1.04 BMC, and all citations, charges, convictions and pleas occurring before its effective date shall remain in full force and effect, and all sentences, fines, penalties, and assessments occurring before its effective date remain in full force and effect. (Ord. 04-05 § 1, 2005).


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    For the statutory provisions authorizing fourth class cities to impose fines, penalties and forfeitures for any and all violations of ordinances, and for any breach or violation of any ordinance, to fix the penalty by fine or imprisonment, or both, providing no such fine shall exceed $5,000, nor the term of imprisonment exceed one year, see RCW 35.27.370(14).

    Prior legislation: Ords. 794, 4-86 and 3-99.