Chapter 1.44GENERAL PENALTIES

Sections:

1.44.010
General Civil Penalty.
1.44.020
General Criminal Penalty.
1.44.030
Failure to Respond to a Civil Infraction.
1.44.040
Public Nuisances.
1.44.010General Civil Penalty.

Unless specific penalties other than as set forth in this section are established in an Ordinance of the City for a violation of that Ordinance, a violation of a City Ordinance is punishable by a fine of up to $500 for each day that a violation occurs. In any court or administrative hearing to determine whether a violation has occurred the City shall have the burden of proving by a preponderance of the evidence that a violation occurred. This section does not preempt the specific penalties set forth in Ordinances of the City setting forth other penalties for violations of those Ordinances. (Ord. 25 § 1, 1995.)

1.44.020General Criminal Penalty.

For all Ordinances of the City which set forth that a violation of the Ordinance shall constitute a misdemeanor, upon conviction an offender shall be punished by imprisonment in the County or City Jail for a period up to ninety (90) days and a fine of up to one thousand ($1,000) dollars, or by both such fine and imprisonment. For all Ordinances of the City which set forth that a violation of the Ordinance shall constitute a gross misdemeanor, upon conviction an offender shall be punished by imprisonment in the County or City Jail for a period up to one year and a fine of up to five thousand ($5,000) dollars, or by both such fine and imprisonment. In addition, a defendant may be assessed court costs, jury fees and such other fees or costs as may be authorized in statute or Court Rules. In any court proceeding to enforce this section, the City shall have the burden of proving by evidence beyond a reasonable doubt that a violation occurred. In a proceeding under this section a defendant shall be accorded each and every right protected under the Constitutions of the United States of America and the State of Washington, all applicable federal, state and local laws, and applicable Court Rules promulgated by the Washington Supreme Court and the inferior courts under the authority of the Washington Supreme Court. (Ord. 25 § 2, 1995.)

1.44.030Failure to Respond to a Civil Infraction.

It shall be a misdemeanor to fail to respond to a Notice of Civil Infraction issued by a police officer or such other officers of the City as may be authorized to issue civil infractions. In any court proceeding to enforce this section, the City shall have the burden of proving beyond a reasonable doubt both that the violator was personally served with the notice of civil infraction and that the violator willfully failed to respond to the infraction by either appearing in court as directed or by paying the fine for the infraction. (Ord. 25 § 3, 1995.)

1.44.040Public Nuisances.

A. Any condition which constitutes a public nuisance, as defined by the statutes of the State of Washington, or which has been declared a public nuisance or a health and/or safety hazard under any section of the LMC, may be abated by the City, as provided in RCW 7.48.

B. Any person who causes, maintains, or allows the continuation of any nuisance shall be deemed guilty of a misdemeanor, which shall be punishable as provided in RCW 9.66. (Ord. 264 § 2, 2001.)