Chapter 4.50
CIVIL INFRACTIONS

4.50.000    Chapter Contents

Sections:

4.50.010    Purpose.

4.50.020    Definitions.

4.50.030    Authorization - Chapter 7.80 RCW.

4.50.040    Infraction procedure.

4.50.050    Person receiving notice - Identification.

4.50.060    Monetary penalties - Restitution.

4.50.070    Order of court - Civil nature - Modifications of penalty - Community service.

4.50.080    Costs.

4.50.090    Notices - Record of - Cancellation prohibited, penalty - Audit.

4.50.100    Notice, failure to sign, nonappearance - Failure to satisfy penalty.

4.50.110    Headings not part of law.

4.50.010 Purpose

The City of Olympia has designated certain violations of the Olympia Municipal Code to be civil infractions pursuant to authority from Chapter 7.80 RCW. The purpose of this Chapter is remedial. Use of the civil infraction procedure, as set forth in this Chapter, will better protect the public from the harmful effects of certain violations of the Olympia Municipal Code, aid and streamline enforcement, and partially reimburse the City for the expenses of enforcement and the related judicial process. Unless stated otherwise, a civil infraction is an additional and concurrent penalty and may be imposed with other penalties.

(Ord. 5906 §1, 1999).

4.50.020 Definitions

The definitions set forth in this Section shall apply throughout this Chapter:

A.    "Civil Infraction" means a violation of a section of the Olympia Municipal Code designated as a civil infraction for which a monetary penalty may be imposed under this Chapter. Each day during which a violation occurs or exists shall be deemed a separate civil infraction. Traffic and vehicle violations issued pursuant to the Model Traffic Ordinance as adopted by the Olympia Municipal Code Chapter 10.04 are specifically excluded from the application of this Chapter.

B.    "Code" means any provision of the Olympia Municipal Code.

C.    "City" means the City of Olympia.

D.    "Court" means the Olympia Municipal Court or other courts of competent jurisdiction.

E.    "Department" means all City of Olympia departments.

F.    "Enforcement Officer" means any police officer or person authorized by or ordinance or the director of any department to enforce the provisions of the Code or ordinance in which the civil infraction is established, but shall not include private citizens.

G.    "May" means optional and permissive and does not impose a requirement.

H.    "Permit or Permit Conditions" means an official authorization, license, document, certificate, or other written permission or conditions attached thereto given to a person by and City of Olympia department or by the Olympia Hearing Examiner authorizing any person to perform a specified activity.

I.    "Person" means an individual, partnership, corporation, or other legal entity.

J.    "City Attorney" means the Olympia City Attorney or his or her designee.

K.    "Shall" means mandatory and imposes a requirement.

(Ord. 5906 §1, 1999).

4.50.030 Authorization - Chapter 7.80 RCW

This Chapter is adopted pursuant to the provisions of Chapter 7.80 RCW as now enacted or hereafter amended. Nothing contained herein is in any way intended to diminish or limit the powers granted to city public officials through application of Chapter 7.80 RCW.

(Ord. 5906 §1, 1999).

4.50.040 Infraction procedure

Issuance, adjudication, and disposition of infractions provided for in this Chapter shall be governed by the Infraction Rules for Courts of Limited Jurisdiction and as they may be amended. In the case of a contended civil infraction, the matter shall be heard without a jury.

(Ord. 5906 §1, 1999).

4.50.050 Person receiving notice - Identification

A person who is issued a notice of civil infraction under Section 4.50.050 is required to identify himself or herself to the Enforcement Officer by giving his or her name, address, and date of birth. Upon the request of the enforcement officer, the person shall produce reasonable identification, including but not limited to, a driver’s license or identification card.

A person who is unable or unwilling to reasonably identify himself or herself to an enforcement officer may be detained for a period of time not longer than is reasonably necessary to identify the person for purposes of issuing a civil infraction.

(Ord. 5906 §1, 1999).

4.50.060 Monetary penalties - Restitution

A.    Class of civil infractions. Unless otherwise provided, a person found to have committed a civil infraction shall be assessed a monetary penalty as follows:

1.    The maximum penalty and default amount for a first offense, which is a Class 3 civil infraction shall be Fifty Dollars ($50), not including statutory assessments.

2.    The maximum penalty and default amount for a second offense arising out of same facts as a first offense, which is a Class 2 civil infraction shall be One Hundred Twenty-Five Dollars ($125), not including statutory assessments.

3.    The maximum penalty and default amount for a third offense and additional offenses arising out of same facts as first and second offenses, which is a Class 1 civil infraction, shall be Two Hundred Fifty Dollars ($250), not including statutory assessments.

4. Notwithstanding the provisions above, a repeat offender, as defined in Section 4.44.020, shall be subject to a Class 1 civil infraction, which is a penalty of Two Hundred Fifty Dollars ($250), not including statutory assessments for the violation that creates repeat offender status and for each violation committed by a repeat offender.

B.    Whenever a monetary penalty is imposed by the court under this Chapter, it is immediately payable. The court may not impose a penalty in excess of the monetary penalty provided for by ordinance. If the person is unable to pay at that time, the court may grant an extension of the period in which the penalty may be paid. If the penalty is not paid on or before the time established for payment, the court may proceed to collect the penalty in the same manner as other civil judgments and may notify the City Attorney of the failure to pay.

C.    Payment of a monetary penalty or performance of the required community service shall not relieve a person of the duty to correct the violation.

D.    The court may also order a person found to have committed a civil infraction to make restitution.

(Ord. 6813 §2, 2012; Ord. 5906 §1, 1999).

4.50.070 Order of court - Civil nature - Modifications of penalty - Community service

A.    A court order entered after the receipt of a response which does not contest the determination, or after it has been established at a hearing that the civil infraction was committed, or after a hearing for the purpose of explaining mitigating circumstances is civil in nature.

B.    The court may waive, reduce, or suspend, the monetary penalty prescribed for the civil infraction. If the court determines that a person has insufficient funds to pay the monetary penalty, the court may order performance of a number of hours of community service in lieu of a monetary penalty.

(Ord. 5906 §1, 1999).

4.50.080 Costs

Each party to a civil infraction case is responsible for costs incurred by that party. No costs or attorneys fees shall be awarded to either party in a civil infraction case.

(Ord. 5906 §1, 1999).

4.50.090 Notices - Record of - Cancellation prohibited, penalty - Audit

A.    Every department authorized to issue notices of civil infractions shall provide, in appropriate form, notices of civil infractions which shall be issued in books with notices in quadruplicate.

B.    The director of each department shall be responsible for the issuance of such books and shall maintain a record of every such book and each notice contained therein issued to Enforcement Officers of the department and shall require and retain a receipt for every book so issued. Every Enforcement Officer, upon issuing a notice of civil infraction to an alleged perpetrator of a civil infraction, shall deposit the original notice of civil infraction with the Olympia Municipal Court or other court with the proper jurisdiction and venue.

C.    Upon the deposit of the original notice of civil infraction with the court, the original or copy may be disposed of only as provided in this Chapter.

D.    It is official misconduct for any Enforcement Officer or City of Olympia employee to dispose of a notice of civil infraction or copies thereof or of the record of the issuance thereof in a manner other than as required in this Section.

E.    The director of every department authorized to issue notices of civil infraction shall require the return to him or her of a copy of every notice issued by an Enforcement Officer under his or her supervision to an alleged perpetrator of a civil infraction and of all copies of every notice which has been spoiled or upon which an entry has been made and not issued to an alleged perpetrator.

F.    Such director shall also maintain or cause to be maintained in connection with every notice issued by an Enforcement Officer under his or her supervision, a record of the disposition of the charge by the court in which the original notice of civil infraction was deposited.

G.    Any person who cancels or solicits the cancellation of any notice of civil infraction, in any manner other than as provided for in this Section, is guilty of a misdemeanor.

H.    Every record of notices as required in this Section shall be audited monthly by the Director of Administrative Services of the City of Olympia.

(Ord. 5906 §1, 1999).

4.50.100 Notice, failure to sign, nonappearance - Failure to satisfy penalty

A.    A person who fails to sign a notice of civil infraction is guilty of a misdemeanor.

B.    Any person willfully violating his or her written and signed promise to appear in court or his or her written and signed promise to respond to a notice of civil infraction is guilty of a misdemeanor, regardless of the disposition of the notice of civil infraction; provided, that a written promise to appear in court or a written promise to respond to a notice of civil infraction may be complied with by an appearance by an attorney.

C.    A person who willfully fails to pay a monetary penalty, restitution, or perform community service as required by a court under this Chapter may be found in contempt of court as provided in Chapter 7.21 RCW.

(Ord. 5906 §1, 1999).

4.50.110 Headings not part of law

Headings and captions used in this Chapter are not any part of the law.

(Ord. 5906 §1, 1999).