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HomeMy WebLinkAbout4733 ORDINANCE NO. 4733 AN ORDINANCE reaffirming and reenacting Ordinance No. 4680 amending maximum penalties for misdemeanors and civil infractions, and amending Chapters 1.12, 2.96, 3.44, 3.64, 3.72, 5.48, 5.54, 5.84, 6.04, 6.28, 7.05, 9.06, 9.14, 9.18, 9.29, 9.37, 9.39, 10.04, 10.12, 10.16, 11.08, 11.10, 13.04, 17.56, 21.02 of the Bremerton Municipal Code. THE CITY OF BREMERTON DOES HEREBY ORDAIN: SECTION 1. Reaffirm and Reenact Ordinance No. 4680 in its entirety as PASSED by the City Council of the City of Bremerton on the 1st day of December, 1999, and effective the 17th day of December, 1999. Ordinance No. 4680 is attached hereto and incorporated herein by this reference as if fully set forth. SECTION 2. Alternative Reaffirmation and Reenactment. In the event that Section 1 of this Ordinance is invalidated by a Court of competent jurisdiction, Ordinance No. 4680 is reaffirmed and reenacted in its entirety except that the effective date of Ordinance No. 4680 shall be the 1'~ day of January, 2000. SECTION 3. Effective Date. This ordinance shall take effect ten (10) days from passage and publication. APPROVED by the City Council on the first reading this ~ day of November, 2000. PASSED by the City Council of the City of Bremerton this/,.~ day of November, 2000. CAROL ARENDS Council President APPROVED this ~7.__day of ~,~~~, 2000. LYNh'i' S. HORTON Mayor ATTEST: ~ ~.c~~___~ EFFECTIVE DATE /! KATHLEEN McCLUSKEY City Clerk PUBLICATION DATE . /,,-~-oo ORDINANCE NUMBER '/?L'~... ORDINANCE NO. AN ORDINANCE amending maximum penalties for misdemeanors and civil infractions and amending Chapters 1.12, 2.96, 3.44, 3.64, 3.72, 5.48, 5.54, 5.84, 6.04, 6.28, 7.05, 9.06, 9.14, 9.18, 9.29, 9.37, 9.39, 10.04, 10.12, 10.16, 11.08, 11.10, 13.04, 17.56, 21.02 of the Bremerton Municipal Code. THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. Amendment. The following Sections of the Bremerton Municipal Code are hereby amended to read as follows: Chapter 1.12 PROSECUTION FOR VIOLATIONS 1.12.020 PENALTIES. 1. Gross Misdemeanor. Every person convicted of a gross misdemeanor shall, unless otherwise specified, be punished by a fine not to exceed $5,000.00 or by confinement in jail for a term not to exceed one year or by both such fine and confinement. 2. Misdemeanor. Every person convicted of a misdemeanor shall, unless otherwise specified, be punished by a fine not to exceed $1,000.00 or by confinement in jail for a term not to exceed ninety days or by both such fine and confinement. 3. Civil Infraction. Unless otherwise specified, a civil infraction is punishable by a maximum penalty of $1,000.00 not including statutory assessments, with the actual amount of the penalty up to the maximum being with the discretion of the court. CHAPTER 2.96 CODE OF ETHICS 2.96.070 CIVIL PENALTY AND ADDITIONAL REMEDIES. Violations shall pay a civil penalty of up to One Thousand Dollars ($1,000.00) or three (3) times the economic value of anything received in violation of this chapter, whichever is greater. Any monetary penalty assessed civilly shall be placed in the City's general fund. The Headng Examiner will also have the authority to issue orders specified in BMC 2.96.050(G). CHAPTER 3.44 ADMISSIONS TAX 3.44.140 VIOLATION - PENALTY. Anyone who shall violate or fail to comply with any of the provisions of this chapter shall upon conviction be guilty of a civil infraction and subject to the provisions of BMC Chapter 1.12, and each day any person shall continue to violate or fail to comply with the provisions of this chapter shall be deemed and considered a separate offense. CHAPTER 3.64 CIVIC IMPROVEMENT FUND 3.64.070 VIOLATION - PENALTY. Any person violating or failing to comply with any of the provisions of this chapter or any lawful rule or regulation adopted by the City Treasurer pursuant thereto, upon conviction thereof, shall be guilty of a civil infraction and subject to the provisions of BMC Chapter 1.12. Each day of violation will be considered a separate offense. Penalties Ordinance - Page 1 1 1/4/9 9 CHAPTER 3.72 GAMBLNG TAX 3.72.160 VIOLATION - PENALTIES. Anyone who violates or fails to comply with any of the provisions of this chapter shall, upon conviction, be guilty of a civil infraction subject to the provisions of BMC Chapter 1.12, and each day any person shall continue to violate or fail to comply with the provisions of this chapter shall be deemed and considered a separate offense. CHAPTER 5.48 SALE AND DISTRIBUTION OF MALT LIQUOR 5.48.020 VIOLATION - PENALTY. Violation of this chapter is a misdemeanor and, upon conviction thereof, shall be subject to the provisions of BMC Chapter 1.12. CHAPTER 5.54 TAXICABS 5.54.350 VIOLATIONS - PENALTY. Any person violating any of the provisions of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be subject to the provisions of BMC Chapter 1.12. CHAPTER 5.84 SOUND EQUIPMENT 5.84.040 PENALTY FOR VIOLATION. Any person, firm or corporation violating any of the provisions contained in this chapter, upon conviction thereof, shall be guilty of a misdemeanor and subject to the provisions of BMC Chapter 1.12. CHAPTER 6.04 GARBAGE AND REFUSE 6.04.160 PENALTY FOR VIOLATIONS. Except as otherwise provided by this chapter, all violations of the provisions of this chapter shall constitute civil infractions and be subject to the provisions of BMC Chapter 1.12. Each day of violation shall be deemed a separate infraction. The base penalty per day or portion thereof for each violation is as follows: i. First Conviction - $81.00/Day ii. Second Conviction for Same Violation - $144.00/Day iii.Third Conviction for Same Violation - $212.00/Day iv. Additional Convictions for Same Violation in Excess of Three - $313.00/Day CHAPTER 6.28 UNIFORM LITTER CONTROL CODE 6.28.170 PENALTIES. Any person violating any of the provisions of this chapter is guilty of a misdemeanor, and subject to the provisions of BMC Chapter 1.12. CHAPTER 7.05 ADMINISTRATION 7.05.200 VIOLATION - PENALTY. Unless another penalty is expressly provided for, all acts, conduct, and events prohibited or declared unlawful in this Title shall constitute civil infractions and subject to the provisions of BMC Chapter 1.12. The base penalty per day or portion thereof for each violation is as follows: Penalties Ordinance - Page 2 1114/99 a. First Violation $36.00 b. Second Violation for same offense. $60.00 c. Additional Violation for same offense in excess of two. $79.00 Each day of violation shall be deemed a separate infraction. CHAPTER 9.06 POLICE DOGS 9.06.010 INJURING OR INTERFERING WITH POLICE DOGS PROHIBITED - PENALTIES. (a) It is unlawful for any person to knowingly strike, injure, attempt to injure, restrain by holding a collar or harness, or in any way interfere with the duties of any police dog used by a police officer while performing a police duty or function. (b) Any person convicted of violating this chapter, or any part hereof, shall be guilty of a misdemeanor and subject to the provisions of BMC Chapter 1.12. (c) In addition, any person convicted of a violation of the provisions of this chapter shall be required to contribute one hundred dollars to the Police Department Canine Unit Fund, and such contribution shall not be suspended or deferred. CHAPTER 9.14 VEGETATION 9.14.070 FAILURE TO REMOVE - PENALTY. The owning or maintaining of any trees, plants, shrubs, vegetation or parts thereof, in the manner described in Section 9.14.010 is hereby declared to be a public nuisance. Anyone violating the provisions of this chapter by failing to abate such nuisance within the time specified in the notice herein before described or within the time set by resolution of the city council, whichever time may be later, shall upon conviction thereof by guilty of a misdemeanor and subject to the provisions of BMC Chapter 1.12. CHAPTER 9.18 NO SMOKING SIGNS 9.18.050 PENALTY FOR VIOLATION. Any person convicted of violating the provisions of this chapter shall be guilty of a misdemeanor and subject to the provisions of BMC Chapter 1.12. CHAPTER 9.29 NUDITY IN PUBLIC PLACES 9.29.030 VIOLATION - PENALTY. Any person convicted of violating this chapter, or any part hereof, shall be guilty of a misdemeanor and subject to the provisions of BMC Chapter 1.12. CHAPTER 9.37 UNFAIR HOUSING PRACTICES 9.37.060 PENALTY. Any person convicted of violating this chapter, or any part hereof, shall be guilty of a misdemeanor and subject to the provisions of BMC Chapter 1.12. CHAPTER 9.39 SOLICITING 9.39.030 POSTED PROPERTY. The posting or placing of a legible sign near the front entrance of any private residence or apartment house within the city of Bremerton, bearing the words, "No Agent", "No Peddlers", Penalties Ordinance - Page 3 11/4/99 "No Solicitors", "No Trespassers", or words of similar import, by the owner, owners, occupant or occupants thereof, shall be a good and sufficient legal warning to any solicitor, peddler, hawker, itinerant merchant, transient peddler of merchandise, or any other person, not to trespass or go in, upon or to the premises so posted for the purpose of soliciting orders for the sale of goods, wares and merchandise, or disposing of, peddling, hawking, demonstrating, or exhibiting the same. Any person, who wilfully goes or remains upon any premises so posted for such purposes, without having been requested or invited so to do by the owner or owners, occupant or occupants of such premises, is guilty of a trespass, and upon conviction thereof shall be guilty of a misdemeanor and subject to the provisions of BMC Chapter 1.12. CHAPTER 10.04 STATE STATUTES 10.04.070 PENALTIES. Unless another penalty is expressly provided by law in the MTO or in the statutes that are adopted by reference therein, any person who is convicted of violating or failing to comply with any of the provisions of this chapter shall be guilty of a misdemeanor and subject to the provisions of BMC Chapter 1.12. CHAPTER 10.12 BICYCLES AND SKATEBOARDS 10.12.040 VIOLATION - PENALTY. Any person violating any of the provisions of Section 10.12.030 is guilty of a civil infraction and subject to a base penalty of $50.00 pursuant to BMC Chapter 1.12. CHAPTER 10.16 TURNING MOVEMENTS 10.16.010 U-TURNS PROHIBITED - EXCEPTION - PENALTY. No ~,ehicle shall be turned so as to proceed in the opposite direction upon any street or highway of the City excepting at street intersections within the City where U-tums are not specifically prohibited by sign or other traffic control device. It is a misdemeanor for any person to violate this provision and upon conviction thereof said person shall be fined pursuant to BMC Chapter 1.12. CHAPTER 11.08 SIDEWALKS - CONSTRUCTION, IMPROVEMENTS AND MAINTENANCE 11.08.150 PENALTY FOR VIOLATION OF 11.08.090-11.08.140. Any person violating any of the provisions of Sections 11.08.090 through 11.08.140 is guilty of a misdemeanor and subject to the provisions of BMC Chapter 1.12. CHAPTER 11.10 SIDEWALKS - DUTIES OF ABUTTING PROPERTY OWNERS 11.10.050 PENALTY FOR VIOLATION. Any person, firm or corporation violating any of the provisions of this chapter shall, upon conviction thereof, be guilty of a misdemeanor and subject to the provisions of BMC Chapter 1.12. CHAPTER 13.04 PARK CODE 13.04.180 PENALTY FOR VIOLATIONS. Penalties Ordinance - Page 4 11/4/99 Violation of or failure to comply with the provisions of this chapter shall constitute a misdemeanor and, upon conviction thereof, be subject to the provisions of BMC Chapter 1.12. CHAPTER 17.56 CERTIFICATES OF OCCUPANCY 17.56.090 VIOLATION - PENALTY. Any person who obtains a utility service connection in violation of this chapter is guilty of a misdemeanor and subject to the provisions of BMC Chapter 1.12. CHAPTER 21.02 ZONING CODE 21.02.945 VIOLATION OF ZONING CODE. (e) Civil Penalty: (1) Except as otherwise provided by this chapter, all violations of the provisions of this chapter shall constitute civil infractions and with each day of violation being deemed a separate infraction. (2) The base penalty per day or portion thereof for each violation is as follows: i. First Conviction $100/Day ii Second Conviction for Same Violation $200/Day iii.Third Conviction for Same Violation $300/Day iv. Additional Convictions for Same Violation in Excess of Three $500/Day' (3) Continued Duty to Correct. Payment of a civil penalty pursuant to this chapter does not relieve a person of the duty to correct a violation as ordered by the Director of Community Development. Section 2. Effective Date. This Ordinance shall take effect ten (10) days from passage and publication. APPROVED by the City Council of the City of Bremerton this 1999. PASSED by the City Council of the City of Bremerton this ~ day of ]~__~.,.~,~L.,,, 1999. .._., MIKe ~HEISH~RD, Council President APPROVED this day of ~, 1999. / HORTON, Mayor ATTEST: KATHLEEN L. McCLUSKEY, City Clerk Penalties Ordinance - Page 5 - 11/4/9g ' '" ' ' :' .'~2J~O ..............