## Chapter 1.08

GENERAL PENALTY

Sections:

1.08.020 Violations as infractions--Exceptions.

1.08.030 Infraction penalty and other fees and charges.

1.08.040 Infraction procedure.

1.08.050 District court jurisdiction.

### 1.08.010 Legislative intent.

The intent in the adoption of the ordinance codified in this chapter is to completely decriminalize certain violations of city ordinances, to promote the public safety and welfare and to implement a uniform system for the disposition of infractions as established in this chapter. (Ord. 243 §1, 1991)

### 1.08.020 Violations as infractions--Exceptions.

From and after the effective date of the ordinance codified in this chapter, all violations of ordinances of the town continue to be and hereby are again declared to be unlawful but the same shall be designated as a civil infraction and not a criminal offense; provided, however, the following shall continue to be designated as criminal offenses, as the same are now defined under existing town ordinances or such ordinances as may hereafter be lawfully enacted, and punishable as such by a fine in a sum not to exceed five hundred dollars and/or imprisonment for a period not to exceed ninety days and/or such operator’s license penalties as authorized by state law:

A. Assault;

B. Driving while under the influence of alcohol and/or drugs;

C. Being in physical control of a motor vehicle while under the influence of alcohol and/or drugs;

D. Reckless driving;

E. Refusal to comply with restraining order;

F. Wilful failure to appear in district court after a written and signed promise to so appear or respond;

G. Driving while license suspended or revoked;

H. Any other misdemeanors or gross misdemeanors in the model traffic code adopted by the town;

I. Negligent driving (no jail penalty continues).

Provided, further, that any existing town ordinance or one hereafter enacted which indicates by its terms, including but not limited to the absence of punitive terms therein, a clear legislative intent not to provide civil or criminal penalties for violation thereof, shall be neither a civil infraction nor criminal misdemeanor or punishable as such. (Ord. 243 §2, 1991)

### 1.08.030 Infraction penalty and other fees and charges.

The following infractions shall have the monetary penalty and/or the following fees and rates shall be charged by the town of Wilbur and credited to the appropriate fund in the case of fees which are not infraction penalties as follows:

1. The sewer loan fee as established by Ordinance No. 310 will be reduced by three dollars and sixty cents per account.

2. The garbage rate will be forty-five cents for the first can and thirty cents per can thereafter per week for disposal fees.

3. Section 13.20.080(A)(1), ambulance rates, one hundred sixty dollars.

4. Section 13.20.080(A)(2), ambulance rates, one hundred sixty dollars.

5. Section 13.20.080(A)(3), call out fee--nontransport, one hundred sixty dollars.

6. Section 13.20.080(D), waiting time, one hundred dollars per hour.

7. Section 13.20.040, the utility tax will be two dollars and fifty cents per account per month.

8. Section 5.14.070, failure to obtain peddlers, solicitors or canvasser license. Fine of five hundred dollars, plus state assessments, per occurrence.

9. Section 8.10.610, cost of abatement and administrative fees. Actual costs and expenses of abatement, plus the following administrative fee:

a. Where abatement is accomplished and approved by the director prior to a board hearing, the administrative fee shall be two hundred dollars, except that these fees shall be waived for a first offense if abatement is accomplished and approved forty-eight hours prior to a board hearing.

b. Where abatement is accomplished and approved by the director less than forty-eight hours prior to a board hearing, the administrative fee shall be three hundred dollars.

c. Where abatement is accomplished and approved by the director following breach of an agreement or understanding between the property owner(s) and the director, board, or the town council, the administrative fee shall be six hundred dollars.

d. Where the abatement is accomplished by the town following hearing or default of the property owner(s), the administrative fee shall be one thousand dollars.

e. Repeat violation of a previously corrected and approved land use nuisance is subject to a fine of two hundred fifty dollars for each day the violation occurs.

10. Section 8.12.180, receptacles, unlawful to damage. Fine of two hundred fifty dollars, plus state assessments.

11. Section 8.12.180, sweeping litter into gutter prohibited. Fine of two hundred fifty dollars, plus state assessments.

12. Section 8.12.180, throwing or distributing handbills in public place. Fine of two hundred fifty dollars, plus state assessments.

13. Section 8.12.180, depositing handbills on vacant property. Fine of two hundred dollars, plus state assessments.

14. Section 8.12.180, failure of retrieval of fallen objects from vehicle. Fine of two hundred fifty dollars, plus state assessments.

15. Section 8.17.040, public disturbance noise. Fine of two hundred fifty dollars, plus state assessments.

16. Section 8.20.040, fertilizer gases nuisance. Fine of five hundred nineteen dollars, plus state assessments. Each day considered a separate occurrence.

17. Section 8.20.040, location near residential facilities prohibited. Fine of five hundred nineteen dollars, plus state assessments. Each day considered a separate occurrence.

18. Section 9.12.010, expectoration and obstruction of passageway prohibited. Fine of two hundred fifty dollars, plus state assessments.

19. Section 10.08.020, wrong way on alley between Division and Knox Streets. Fine as imposed as now or hereafter set by rule of the State Supreme Court (JTIR).

20. Sections 10.12.010 through 10.12.080, fine of seventy-five dollars, plus state assessments.

21. Chapter 10.16, including Section 10.16.020, occupancy of travel trailer prohibited ouside of trailer parks, and Section 10.16.030, parking on streets or lots. Fine of two hundred fifty dollars, plus state assessments.

22. Section 10.22.030^{1}, designated street and term of closure, Division Street from Main to Front Street and Railway Street from Division Street to Broadway Street. Fine of two hundred fifty dollars, plus state assessments.

23. Section 10.24.100, hours of operation. Fine of three hundred dollars, plus state assessments.

24. Section 10.24.100, unlawful to permit operation by unqualified person. Fine of three hundred dollars, plus state assessments.

25. Section 10.24.100(A) through (N), regulations for operation. Fine of three hundred dollars, plus state assessments.

26. Section 10.24.100, registration required. Fine of three hundred dollars, plus state assessments.

27. Section 10.28.010, limit restrictions. First offense, one hundred two dollars, plus state assessments; second offense, one hundred fifty-two dollars, plus state assessments; third offense, one hundred seventy-nine dollars, plus state assessments, plus three cents per pound overweight.

28. Section 12.08.030, visibility required. Fine of one hundred fifty dollars, plus state assessments.

29. Section 12.10.070, resolution of necessity--liability of abutting property. Fine of two hundred fifty dollars, plus state assessments, and each day shall be a separate offense.

30. Section 12.16.030, street and sidewalk obstructions prohibited. Fine of two hundred fifty dollars, plus state assessments.

31. Section 12.16.030, placement of obstructions to cause accidents. Fine of two hundred fifty dollars, plus state assessments.

32. Section 12.20.030, duty of occupant to keep sidewalks clear. Fine of one hundred dollars, plus state assessments.

33. Section 12.24.040, placing material across creek--permit required. Fine of fifty dollars, plus state assessments.

34. Section 13.04.270, storm water discharge not permitted. Fine of seven hundred fifty dollars, plus state assessments.

35. Section 13.04.270, unpolluted discharge shall have approved outlet. Fine of seven hundred fifty dollars, plus state assessments.

36. Section 13.04.270, storm water connection not permitted in sanitary system. Fine of seven hundred fifty dollars, plus state assessments.

37. Section 13.04.270, enforcement officer is working foreman. No fine amount.

38. Section 13.04.270, opening a public sewer without permit. Fine of eight hundred dollars, plus state assessments.

39. Section 13.04.270, sewer construction of extension without permit. Fine of eight hundred dollars, plus state assessments.

40. Section 13.04.270, additional work without permit. Fine of eight hundred dollars, plus state assessments.

41. Section 13.04.270, permit duration--working past date of permit. Fine of eight hundred dollars, plus state assessments.

42. Section 13.04.270, permit display--failure to display permit in a proper manner. Fine of eight hundred dollars, plus state assessments.

43. Section 13.04.270, permit required. Fine of eight hundred dollars, plus state assessments.

44. Section 13.04.270, violation of sewer specifications. Fine of eight hundred dollars, plus state assessments.

45. Section 13.04.270, excavation safety and restoration. Fine of eight hundred dollars, plus state assessments.

46. Section 13.04.270, permit inspection. Fine of eight hundred dollars, plus state assessments.

47. Section 13.04.270, filling trenches without inspection. Fine of eight hundred dollars, plus state assessments.

48. Section 13.04.270, right of entry for inspector. Fine of eight hundred dollars, plus state assessments.

49. Section 13.04.270, delay of work restoration authority. Fine of eight hundred dollars, plus state assessments.

50. Section 13.04.270, improper work. Fine of eight hundred dollars, plus state assessments.

51. Section 13.04.270, repair of obstructed or broken sewers. Fine of eight hundred dollars, plus state assessments.

52. Section 13.04.270, injury to public sewer. Fine of eight hundred dollars, plus state assessments.

53. Section 13.04.270, deposition of rubbish unlawful. Fine of eight hundred dollars, plus state assessments.

54. Section 13.04.270, discharge of exhaust, steam and hot water. Fine of eight hundred dollars, plus state assessments.

55. Section 13.04.270, draining inflammable substances. Fine of eight hundred dollars, plus state assessments.

56. Section 13.04.270, grease traps required. Fine of eight hundred dollars, plus state assessments.

57. Section 13.04.270, obstructions--planting of certain trees and shrubbery prohibited. Fine of eight hundred dollars, plus state assessments.

58. Section 13.04.270, correction of noncomplying side sewer. Fine of eight hundred dollars, plus state assessments.

59. Violation of Sections 13.24.010 through 13.24.080. Fine of two hundred fifty dollars, plus state assessments. Every day of continued violation shall be considered a separate offense.

60. Violation of Sections 13A.10.010 through 13A.10.130. Fine of five hundred dollars, plus state assessments. Each day of violation considered a separate offense.

61. Section 18.64.090. Fine of three hundred dollars, plus state assessments, plus payment of all costs and expenses involved in the case. Each day such violation shall continue shall be considered a separate offense.

62. Section 6.04.010, failure to license dog. First offense, fifty dollars plus state assessments; second offense, one hundred dollars plus state assessments; and for each subsequent offense one hundred fifty dollars plus state assessments.

63. Section 6.04.060, dogs running at large. First offense, fifty dollars plus state assessments; second offense, one hundred dollars plus state assessments; and for each subsequent offense, one hundred fifty dollars plus state assessments.

64. Section 6.04.060, dogs off property without being on a leash or leash of proper length; or under direct supervision of an adult; or on other person’s private property. First offense, fifty dollars plus state assessments; second offense, one hundred dollars plus state assessments; and for each subsequent offense, one hundred fifty dollars plus state assessments.

65. Section 6.04.070, disposal of animal waste. Animal defecating in any area of town and failure to clean up. First offense, fifty dollars plus state assessments; second offense, one hundred dollars plus state assessments; and for each subsequent offense, one hundred fifty dollars plus state assessments.

66. Section 6.04.070, failure to have proper means of disposal for animal feces or improper disposal of feces. First offense, fifty dollars plus state assessments; second offense, one hundred dollars plus state assessments; and for each subsequent offense, one hundred fifty dollars plus state assessments.

67. Section 6.04.080, living conditions of dogs; failure to pick up dog feces or dispose of in a proper manner. First offense, fifty dollars plus state assessments; second offense, one hundred dollars plus state assessments; and for each subsequent offense, one hundred fifty dollars plus state assessments.

68. Section 6.04.100, nuisance; disturbing the peace by habitual howling, yelping, barking or the making of other noises. First offense, fifty dollars plus state assessments; second offense, one hundred dollars plus state assessments; and for each subsequent offense, one hundred fifty dollars plus state assessments.

69. Section 6.04.110, restricted areas; animals entering prohibited area. First offense, fifty dollars plus state assessments; second offense, one hundred dollars plus state assessments; and for each subsequent offense, one hundred fifty dollars plus state assessments.

70. Section 6.04.120, kennels-—commercial--private, failure to obtain a permit. Two hundred fifty dollars plus state assessments; each day thereafter constitutes a separate offense.

71. Section 6.04.120, obtaining a permit to operate unlawfully. Five hundred dollars plus state assessments; each day thereafter constitutes a separate offense.

72. Section 6.04.120, failure to follow operation standards. First offense, one hundred dollars plus state assessments; second offense, one hundred fifty dollars plus state assessments; and for each subsequent offense, two hundred fifty dollars plus state assessments.

73. Section 6.04.120, violation of permit. First offense, one hundred dollars plus state assessments; second offense, one hundred fifty dollars plus state assessments; and for each subsequent offense, two hundred fifty dollars plus state assessments.

74. Section 6.04.130, number of dogs and cats allowed per household. First offense, fifty dollars plus state assessments; second offense, one hundred dollars plus state assessments; and for each subsequent offense, one hundred fifty dollars plus state assessments.

75. Section 6.05.020, certification of dangerous dogs; failure to obtain certification of dangerous dogs. Five hundred dollars plus state assessments. Each day constitutes a separate offense.

76. Section 6.05.020, failure to have proper enclosure to confine dangerous dog; two hundred fifty dollars plus state assessments. Each day constitutes a separate offense.

77. Section 6.05.020, failure to obtain or lapse in surety or insurance for dangerous dog. Five hundred dollars plus state assessments; each day constitutes a separate offense.

78. Section 6.05.020, failure to display clearly visible warning signs of dangerous dog. Two hundred fifty dollars plus state assessments; each day constitutes a separate offense.

79. Section 6.05.030, dangerous dog, failure to wear muzzle when outside secure enclosure; two hundred fifty dollars plus state assessments.

80. Section 6.05.030, dangerous dog, failure to be secured by leash, chain or under control of responsible person; two hundred fifty dollars plus state assessments.

81. Section 6.05.030, failure to identify dangerous dog by blaze orange collar; two hundred fifty dollars plus state assessments.

82. Section 6.05.030, potentially dangerous dog off premises without being under control of adult person by means of leash or chain; two hundred fifty dollars plus state assessments.

83. Section 6.05.030, potentially dangerous dog off premises not wearing muzzle; two hundred fifty dollars plus state assessments.

84. Section 6.05.030, failure to license dog as potentially dangerous; two hundred fifty dollars plus state assessments; each day constitutes a separate offense.

85. Section 6.05.030, failure to clearly post property of potentially dangerous dog; two hundred fifty dollars plus state assessments; each day constitutes a separate offense.

86. Section 6.05.040, nuisance dangerous dog or potentially dangerous dog running loose or at large; five hundred dollars plus state assessments.

87. Section 6.06.040, disposal of domestic cats; improper disposal of domestic cats; fifty dollars plus state assessments.

88. Section 6.06.050, removing lawfully ID tagged cats or concealing identity of cats; one hundred dollars plus state assessments.

89. Section 6.06.060, wild cats inside town limits; five hundred dollars plus state assessments.

90. Section 6.07.030, poultry in town without permit; first offense, fifty dollars plus state assessments; second offense, one hundred dollars plus state assessments; and each subsequent offense, one hundred fifty dollars plus state assessments.

91. Section 6.07.040, keeping or maintaining rabbits, mink, chinchilla, guinea pigs and animals similar in size and nature for commercial use; five hundred dollars plus state assessments.

92. Section 6.07.040, releasing any rabbit, mink, chinchilla, guinea pig or other animal similar in size and nature; two hundred fifty dollars plus state assessments.

93. Section 6.07.050, keeping swine, sheep, goats and donkeys inside town without permit; two hundred fifty dollars plus state assessments.

94. Section 6.07.060, keeping horses, cows, mules and other animals similar in size and nature in residential areas; two hundred fifty dollars plus state assessments; each day constitutes a separate offense.

95. Section 6.07.060, failure to have required area for livestock. Two hundred fifty dollars plus state assessments; each day constitutes a separate offense.

96. Section 6.07.060, failure to have adequate enclosure for livestock; two hundred fifty dollars plus state assessments; each day constitutes a separate offense.

97. Section 6.07.070, failure to properly clean and dispose of manure, two hundred fifty dollars plus state assessments; each day constitutes a separate offense.

98. Section 6.07.070, failure to properly spray enclosures as needed, two hundred fifty dollars plus state assessments; each day constitutes a separate offense.

99. Section 6.07.070, failure to treat grounds to control odors, two hundred fifty dollars plus state assessments; each day constitutes a separate offense.

100. Section 6.07.080, livestock running at large, first offense, one hundred fifty dollars plus state assessments; second offense, two hundred dollars plus state assessments; each subsequent offense, two hundred fifty dollars plus state assessments.

101. Section 6.07.090, special permit, failure to obtain or violation of permit two hundred fifty dollars plus state assessments.

102. Section 6.08.020, wild animals inside town limits, five hundred dollars plus state assessments; each day constitutes a separate offense.

103. Section 6.08.030, birds of prey prohibited inside town limits, five hundred dollars plus state assessments; each day constitutes a separate offense.

104. Section 6.08.030, failure to obtain permit for certain birds, two hundred fifty dollars plus state assessments; each day constitutes a separate offense.

105. Section 6.08.040, all venomous and flesh-eating reptiles are prohibited inside town limits, five hundred dollars plus state assessments; each day constitutes a separate offense.

106. Section 6.08.040, reptiles off property of owner not in control of responsible adult, first offense, one hundred fifty dollars plus state assessments; second offense, two hundred dollars plus state assessments; each subsequent offense, two hundred fifty dollars plus state assessments.

107. Chapter 2.44 violations, two hundred fifty dollars plus state assessments.

108. Chapter 10.10. The fine for a violation of Chapter 10.10 shall be set the same as the penalty amount as set for a violation of RCW 46.61.150. (Ord. 467 §2, 2007; Ord. 460 §2, 2007; Ord. 439 §12, 2005; Ord. 425 §1, 2004: Ord. 407 §2, 2003; Ord. 378 §1, 2001: Ord. 376 §1, 2001: Ord. 359, 2000; Ord. 343 §2, 1999)

### 1.08.040 Infraction procedure.

The rules, procedures and remedies relating to traffic infractions set forth in Infraction Rules for Courts of Limited Jurisdictions (IRLJ) as adopted by the Washington Supreme Court, as now in force or hereafter amended including additions thereto, be and the same are hereby incorporated herein by this reference and made applicable to civil infractions established by the town of Wilbur to the extent that said rules are not in conflict herewith. (Ord. 268 §1, 1993: Ord. 243 §4, 1991)

### 1.08.050 District court jurisdiction.

The district court for Lincoln County pursuant to the district court plan is hereby granted the jurisdiction necessary to fulfill the intent and purpose of the ordinance codified in this chapter. (Ord. 243 §5, 1991)

Code reviser’s note: Chapter 10.22 was repealed by Ordinance 403.