Chapter 1.28
GENERAL PENALTY
Sections:
1.28.020 Adoption of state and local provisions.
1.28.030 Fines, penalties, and punishments.
1.28.010 Violation – Penalty.
A. Any person violating any of the provisions or failing to comply with any of the requirements of any ordinance of the city is guilty of a misdemeanor, gross misdemeanor or civil infraction as defined by this chapter. Where no specific fine or penalty is provided, the fine and punishment shall be the same as those specified for a misdemeanor.
B. Each such person is guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of Brier is committed, continued or permitted by any such person.
C. This section shall not be construed to confer any authority on the part of the prosecuting authority of the city to select or choose a penalty, fine or forfeiture should any ordinance or enactment provide for an alternative. In the event that alternative fines, penalties or forfeitures are provided by alternative enactments, the maximum fine, penalty, or forfeiture shall apply and there shall be no discretion on the part of the prosecuting authority of the city to select the same. (Ord. 365 § 1(Exh. A)(part), 2009: Ord. 200.A § 1(part), 2000: Ord. 198 §§ 1, 2(part), 1988)
1.28.020 Adoption of state and local provisions.
There is adopted as a part of the laws of the city, to be effective within the city, all crimes, punishments, misdemeanors and gross misdemeanors as are established or defined by enactment of the state, or by Snohomish County Code, and the same to be of full force and effect within the city. The city police are authorized to effect arrest for violations of the same, and the prosecuting authority of the city to prosecute as crimes of the city all such enactments. Copies of the Revised Code of Washington, and all county and city ordinances, including all provisions referenced above, shall be kept on file with the city at City Hall. (Ord. 365 § 1(Exh. A)(part), 2009: Ord. 200.A § 1(part), 2000: Ord. 200 §§ 1, 2(part), 1988)
1.28.030 Fines, penalties, and punishments.
A. Misdemeanor. Every person convicted of a misdemeanor defined by RCW Title 9A or the Brier Municipal Code, where a fine and penalty is not otherwise specifically stated, shall be punished by imprisonment in the county jail for a maximum term fixed by the court of not more than ninety days, or by a fine in an amount fixed by the court of not more than one thousand dollars, or by both such imprisonment and fine.
B. Gross Misdemeanor. Every person convicted of a gross misdemeanor where a fine and penalty is not otherwise specifically stated shall be punished by imprisonment in the county jail for a maximum term fixed by the court of not more than three hundred sixty-four days, or by a fine in an amount fixed by the court of not more than five thousand dollars, or by both such imprisonment and fine.
C. Nontraffic Civil Infractions. Any violation of this code that is designated as a civil infraction shall be punished by a monetary penalty as follows:
1. Class A infraction: one hundred twenty-five dollar fine, plus all costs and assessments required by state law.
2. Class B infraction: one hundred fifty dollar fine, plus all costs and assessments required by state law.
3. Class C infraction: two hundred dollar fine, plus all costs and assessments required by state law.
D. Traffic Infractions. Fines and penalties for all traffic infractions shall be as provided in the Uniform Bail Schedule, as adopted by the court, or as provided for in any specific provision of state, county or city law.
E. Failure to respond to any infraction notice, whether nontraffic or traffic related, shall constitute a misdemeanor. (Ord. 491 § 1, 2023; Ord. 435 § 2 (Exh. B) (part), 2016: Ord. 381 § 1, 2010; Ord. 365 § 1(Exh. A)(part), 2009: Ord. 200.A § 1(part), 2000)