Chapter 1.12
PROSECUTION FOR VIOLATIONS
Sections:
1.12.030 ENFORCEMENT OFFICERS.
1.12.040 FAILURE TO APPEAR, CRIMINAL CASES.
1.12.045 FAILURE TO PAY FINES.
1.12.010 TYPES OF VIOLATIONS.
1. Every act, or failure to act, that is contrary to this Code shall be a Code violation. Code violations shall be civil infractions or criminal misdemeanors and gross misdemeanors, as established by the respective Code provisions. Any violation not otherwise designated shall constitute a criminal misdemeanor. If a Code provision so provides, a violation may be cited as either criminal or civil at the discretion of the enforcement officer.
2. Criminal violations shall be charged by the City Prosecutor and processed in the Municipal Court pursuant to the Criminal Rules for Courts of Limited Jurisdiction (CrRLJ).
3. Civil violation cases shall be initiated either: (a) by a Notice of Infraction issued, served, and filed by either the enforcement officer or the City Prosecutor or City Attorney, or (b) by a Complaint filed by either the City Prosecutor or City Attorney. Civil violations shall be processed in the Municipal Court pursuant to RCW Chapter 7.80, so far as it is not inconsistent with this Chapter, and pursuant to the Infraction Rules for Courts of Limited Jurisdiction (IRLJ), so far as they are not inconsistent with this Chapter and with RCW Chapter 7.80.
4. Each day a violation continues shall be a separate violation and may be cited, complained of, or charged as such.
5. The Municipal Court shall have the authority to adopt such local rules it deems necessary to process cases pursuant to this Chapter. (Ord. 4748, Amended, 01/19/2001; Ord. 4652, Repealed & Replaced, 06/21/1999)
1.12.020 PENALTIES.
1. Gross Misdemeanor. Every person convicted of a gross misdemeanor shall, unless otherwise specified, be punished by a fine not to exceed $5,000.00 or by confinement in jail for a term not to exceed one year 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 $1,000.00 or by confinement in jail for a term not to exceed ninety (90) days or by both such fine and confinement.
3. Civil Infraction. Unless otherwise specified, a civil infraction is punishable by a maximum penalty of $1,000.00 not including statutory assessments, with the actual amount of the penalty up to the maximum being with the discretion of the court. (Ord. 4733, Reaffirmed, 11/30/2000; Ord. 4680, Amended, 12/17/1999; Ord. 4652, Repealed & Replaced, 06/21/1999)
1.12.030 ENFORCEMENT OFFICERS.
1. General authority law enforcement officers of the Bremerton Police Department are enforcement officers with respect to all provisions of this Code.
2. Additional enforcement officers may be designated by Code provision. (Ord. 4652, Repealed & Replaced, 06/21/1999)
1.12.040 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. 4652, Repealed & Replaced, 06/21/1999)
1.12.045 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. 4730, Reaffirmed, 11/30/2000; Ord. 4677, Added, 12/11/1999)
1.12.050 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. 4652, Repealed & Replaced, 06/21/1999)