Chapter 1.20
GENERAL PENALTY

Sections:

1.20.010    Restitution as alternative to fine.

1.20.020    Penalty for violation.

1.20.010 Restitution as alternative to fine.

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 a crime.

B.    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.

C.    For purpose of this section, the terms “gain” or “loss” refer to the amount of money or the value of property or services gained or lost.

D.    Notwithstanding any other provisions of law, this section also applies to any corporation or joint stock association found guilty of any crime. (Ord. 254 (part), 1979)

1.20.020 Penalty for violation.

A.    Unless a different penalty is specified, any person convicted of a violation of an ordinance of the city shall be guilty of a misdemeanor and shall be assessed a fine of not more than one thousand dollars or a jail sentence of not more than ninety days or by both such fine and imprisonment.

B.    In the event an ordinance of the city addresses conduct or actions which are also a crime as set forth in the Revised Code of Washington (“RCW”), the penalty provision as 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. 465 § 1, 1995: Ord. 254 (part), 1979)