Chapter 1.40
GENERAL PENALTY
Sections:
1.40.040 Adoption of civil infraction system.
1.40.010 General penalties.
Unless otherwise specified by city ordinance, any person who violates the provisions of any city of Kelso ordinance regulating, forbidding or prohibiting conduct shall be punished pursuant to the general penalty provisions set forth in this section.
A. General Criminal Penalty. The minimum criminal penalty is classified as a misdemeanor. Any violation of the Kelso Municipal Code that is not otherwise specifically identified as a civil violation, civil infraction, gross misdemeanor or felony shall be a misdemeanor. Any person convicted of a misdemeanor shall be punished by a fine not to exceed one thousand dollars or by imprisonment not to exceed ninety days, or by both such fine and imprisonment.
B. General Civil Penalty. A violation of a city ordinance that is designated as a civil violation is punishable by a fine as set forth in Section 1.50.230. In any court or administrative hearing to determine whether a violation has occurred, the city shall have the burden of proving by a preponderance of the evidence that a violation occurred. This section does not preempt the specific penalties set forth in ordinances of the city setting forth other penalties for violations of those ordinances.
C. Civil Infraction Penalty. A violation of an ordinance which is designated a civil infraction shall be deemed a civil infraction pursuant to Chapter 7.80 RCW. Unless otherwise provided, any such person shall be assessed a monetary penalty not to exceed a Class 1 civil infraction or two hundred fifty dollars, whichever is greater. (Ord. 3910 § 2, 2018; Ord. 3851 § 1 (Exh. A), 2015; Ord. 3297 § 1, 1996; Ord. 3233 §§ 1, 2, 1994; Ord. 3173 § 1, 1991; Ord. 3155 § 1, 1991; prior code § 1.26.080)
1.40.020 Separate offense.
Every person violating any of the provisions of any ordinance of the city is guilty of a separate offense for each and every day during any portion of which the violation is committed, continued or permitted by any such person. (Ord. 3851 § 1 (Exh. A), 2015)
1.40.030 Nuisance.
In addition to the penalties set forth in Section 1.50.230, all remedies available by law for the prevention and abatement of nuisances shall apply regardless of any other remedy. (Ord. 3851 § 1 (Exh. A), 2015)
1.40.040 Adoption of civil infraction system.
Pursuant to RCW 35A.11.020 and 35A.12.140, the city adopts Chapter 7.80 RCW, entitled “Civil Infractions,” as the procedure and system for adjudicating civil infractions that occur within the city of Kelso. (Ord. 3851 § 1 (Exh. A), 2015)
1.40.050 Prosecution.
Any violation of a city ordinance may be prosecuted by the city attorney or designee in the name of the city to include demands for fines and forfeitures paid to the city or may be adjudicated by civil action, or both. (Ord. 3851 § 1 (Exh. A), 2015)