Chapter 1.28
GENERAL PENALTY**

Sections:

1.28.010    Designated--Exception.

*    For statutory provisions authorizing a third class city to keep prisoners in the city jail or the county jail, see RCW 35.24.230; for provisions authorizing a code city to have all the powers of any other city, see RCW 35A.21.160.

*    For statutory provisions authorizing a code city to impose a penalty of a fine not exceeding five hundred dollars, or imprisonment not exceeding six months, or both, see RCW 35A.11.020.

1.28.010 Designated--Exception.

A.    Any person who is found guilty of a violation of the criminal code or ordinances of the city shall, upon such conviction, be subject to a fine of up to five thousand dollars and up to one year in jail.

B.    Those penalties which from time-to-time are established-within the Model Traffic Ordinance, as adopted in Chapter 10.04 of this code shall control as to the penalty for such violations; provided, that in the event the criminal offense charged and upon which the individual has been convicted is the same as a criminal offense established by state law, then the maximum penalty, or in the event the state law creates a mandatory minimum penalty, that mandatory minimum penalty shall, under city ordinance, be the same as that established by state law for that crime; provided further that no action which is a state crime shall be deemed to be a civil infraction under the provisions of the city code.

C.    As to any individual convicted of a violation of Section 9.04.390, the penalty upon the first conviction within any twelve-month period shall be a maximum fine of up to five thousand dollars, plus such other costs as may be from time-to-time allowed by statutes covering such matters. Upon conviction for a second or subsequent offense of this charge, in the event the charges are filed within the same twelve-month period, the maximum penalty shall be a fine of up to five thousand dollars and up to one year in jail, plus such other costs as may be subject to imposition under any applicable statute governing such offenses.

D.    In the event that any other section of this code establishes a specific penalty for a violation, then that penalty shall control, it being the intent of the city that the maximum penalties established by this section shall be deemed to be a general penalty provision to be utilized in the absence of a specific penalty and shall apply as to any violation of city ordinances for which no other specific penalty is established. (Ord. 910 §1, 1993: Ord. 818 §1, 1986).