Chapter 9.96
VIOLATIONS

Sections:

9.96.010    Penalties.

9.96.020    Costs of prosecution.

9.96.030    Probation violations.

9.96.040    Repealed.

9.96.050    Cruelty to animals.

9.96.060    City authorized to dispose of proceeds.

9.96.070    Accounting methods to be established.

9.96.010 Penalties.

Unless otherwise provided in this chapter, violation of any provision of this chapter shall be punishable by:

A. Gross Misdemeanor. Every person convicted of a gross misdemeanor defined in PMC Title 9 shall be punished by imprisonment in jail for a maximum term fixed by the court of not more than one year, or by a fine in an amount fixed by the court of not more than $5,000, or by both such imprisonment and fine.

B. Misdemeanor. Every person convicted of a misdemeanor defined in PMC Title 9 shall be punished by imprisonment in jail for a maximum term fixed by the court of not more than 90 days, or by a fine in an amount fixed by the court of not more than $1,000, or by both such imprisonment and fine. (Ord. 1389 § 42, 1998; Ord. 1167 § 9, 1992; Ord. 568 § 10(a), 1975).

9.96.020 Costs of prosecution.

Whenever anyone is convicted of an offense under any section of this title, or section of any city ordinance, the court may, as authorized by law, impose reasonable costs of prosecution in addition to the fine imposed. The court may so impose costs for issuance of bench warrants in an amount not to exceed $100.00. (Ord. 1389 § 43, 1998; Ord. 729 § 1, 1979; Ord. 568 § 10(b), 1975).

9.96.030 Probation violations.

A. For purposes of this section, the word “probationer” means any person who after conviction of violation of an ordinance of the city or a law of the state has been placed on probation in connection with the suspension or deferral of sentence by either a district court of this county, municipal court or the superior court, and/or has a portion of his or her sentence suspended or deferred for a period of time during which they are to have no additional law violations and are to abide by the terms of the sentence imposed by a district court, municipal court, or superior court.

B. Whenever a police officer shall have probable cause to believe that a probationer, prior to the termination of his probation is in such police officer’s presence, violating or failing to comply with any requirement or restriction imposed by the court as a condition of such probation, such officer may cause the probationer to be brought before the court wherein sentence was deferred or suspended, and for such purpose such police officer may arrest such probationer without warrant or other process. (Ord. 1389 § 44, 1998).

9.96.040 Offenses against police dogs.

Repealed by Ord. 1549. (Ord. 1389 § 45, 1998).

9.96.050 Cruelty to animals.

The following sections of Chapters 9.08 and 16.52 RCW, with the exception of those provisions contained therein for which a violation constitutes a felony crime, are hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full:

RCW

9.08.065    Definitions.

9.08.070    Pet animals – Taking, concealing, injuring, killing, etc. – Penalty.

16.52.011    Definitions – Principles of liability.

16.52.117    Animal fighting – Owners, trainers, spectators – Exceptions.

16.52.190    Poisoning animals – Penalty.

16.52.207    Animal cruelty in the second degree.

16.52.210    Destruction of animals by law enforcement officer – Immunity from liability.

(Ord. 1717 § 8, 2009; Ord. 1389 § 46, 1998).

9.96.060 City authorized to dispose of proceeds.

Upon forfeiture, the city may:

A. Retain property forfeited for its official use or release it to another law enforcement agency for its official use;

B. Sell that which is not required by law to be destroyed or is harmful to the public;

C. Dispose of the property or forward it to the drug enforcement administration for disposition in accordance with the law. (Ord. 1389 § 47, 1998).

9.96.070 Accounting methods to be established.

The finance department shall establish appropriate means and methods of accounting for the receipt and disbursement of forfeited property which shall reflect:

A. Property or proceeds, whether tangible or intangible, seized by the city which are retained and utilized for purposes of enforcing Chapter 69.50 RCW; and

B. Proceeds resulting from the sale of seized property, and the distribution thereof which shall be in accordance with RCW 69.50.505(F)(2). (Ord. 1389 § 48, 1998).