Chapter 1.16
GENERAL PENALTY

Sections:

1.16.010    General penalty.

1.16.020    Alternative to fine—Restitution.

1.16.030    Violation of code provisions—Civil infractions—Penalty.

1.16.040    State law consistency.

1.16.010 General penalty.

A. Any person convicted of a violation of any criminal code section codified in Title 9 of this code shall be assessed a fine of not more than five hundred dollars and shall not be punished by a jail sentence unless the code section violated specifically states that a jail sentence may be imposed.

B. Any person convicted of a violation of any traffic regulation codified in Title 10 of this code shall be assessed a fine of not more than five hundred dollars and shall not be punished by a jail sentence unless the code section specifically states that a jail sentence may be imposed. (Ord. 553 § 6, 1992: Ord. 383 (part), 1979)

1.16.020 Alternative to fine—Restitution.

A. If a person has gained money or property or caused a victim to lose money or property through the commission of a crime, upon conviction thereof the court, in lieu of imposing the fine authorized for the offense, may order the defendant to pay an amount, fixed by the court, not to exceed double the amount of the defendant’s gain or victim’s loss from the commission of the crime. Such amount may be used to provide restitution to the victim at the order of the court. In such case the court shall make a finding as to the amount of the defendant’s gain or victim’s loss from the crime, and if the record does not contain sufficient evidence to support such finding the court may conduct a hearing upon the issue. For purposes of this section, the terms “gain” or “loss” refer to the amount of money or the value of property or services gained or lost.

B. Notwithstanding any other provision of law, this section also applies to any corporation or joint stock association found guilty of any crime. (Ord. 383 (part), 1979)

1.16.030 Violation of code provisions—Civil infractions—Penalty.

A. Except for Titles 9 and 10 of the Brewster Municipal Code, whenever it is specified in any ordinance of the city of Brewster herein or hereafter adopted in this code that the doing of any act is prohibited, unlawful or the failure to do any act is unlawful or that the violation of any provision of any ordinance of the city of Brewster is a misdemeanor, the same are considered to be civil infractions; provided that no act which is a crime as set forth in the Revised Code of Washington shall be treated as a civil infraction. Civil infractions are noncriminal offenses for which imprisonment or incarceration may not be imposed as a sanction and the punishment for civil infraction should be a monetary penalty, which monetary penalty shall not exceed five hundred dollars.

B. The burden of proof applicable to civil infractions is “a preponderance of the evidence.”

C. Nothing herein contained shall affect the municipal court’s contempt powers, nor the court’s power to enforce lawful orders. (Ord. 588 § 1, 1994; Ord. 450 § 1, 1984)

1.16.040 State law consistency.

In the event any ordinance of the city of Brewster addresses conduct or actions which are also a crime as set forth in the Revised Code of Washington (“RCW”), the penalty provision set forth in the RCW shall be controlling if the corresponding ordinance provides for a penalty which is different from the RCW, as mandated by RCW 35.21.163, as it now exists or is hereafter amended. (Ord. 588 § 2, 1994)