HomeMy WebLinkAbout4652 ORD)NANCF NO.
AN ORDINANCE revising the Prosecution for Violations; repealing and replacing
Chapter 1.12 of the Bremerton Municipal Code.
THE CITY OF BREMERTON DOES HEREBY ORDAIN:
PROSECUTION OF VIOLATIONS
SECTION 1. Repeal, New Chapter. Chapter 1.12 of the Bremerton Municipal Code is
hereby repealed in its entirety and a new chapter adopted to read as follows:
1.12.010 TYPES OF VIOLATIONS
1. Every act, or failure to act, that is contrary to this Code shall be a Code violation.
Code violations shall be civil infractions or criminal misdemeanors and gross misdemeanors, as
established by the respective Code provisions. If a Code provision so provides, a violation may be
cited as either criminal or civil at the discretion of the enforcement officer.
2. Criminal violations shall be charged by the City Prosecutor and processed in the
Municipal Court pursuant to the Criminal Rules for Courts of Limited Jurisdiction (CrRLJ).
3. Civil violation cases shall be initiated either: (a) by a Notice of Infraction issued,
served, and filed by either the enforcement officer or the City Prosecutor or City Attorney, or (b) by
a Complaint filed by either the City Prosecutor or City Attorney. Civil violations shall be processed
in the Municipal Court pursuant to RCW Chapter 7.80, so far as it is not inconsistent with this
Chapter, and pursuant to the Infraction Rules for Courts of Limited Jurisdiction (IRLJ), so far as they
are not inconsistent with this Chapter and with RCVV Chapter 7.80.
4. Each day a violation continues shall be a separate violation and may be cited,
complained of, or charged as such.
5. The Municipal Court shall have the authority to adopt such local rules it deems
necessary to process cases pursuant to this Chapter.
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. A Civil infraction is punishable by a maximum penalty of $250.00
unless otherwise specified.
1.12.030 ENFORCEMENT OFFICERS
1. General authority law enforcement officers of the Bremerton Police Department are
enforcement officers with respect to all provisions of this Code.
2. Additional enforcement officers may be designated by Code provision.
1.12.040 FAILURE TO APPEAR, CRIMINAL CASES
If the Municipal Court issues a bench warrant pursuant to CrRLJ 2.5, the act or failure to act
that caused such issuance shall constitute a misdemeanor punishable pursuant to this Chapter.
1.12.050 OTHER REMEDIES
Nothing in this Chapter shall preclude the City from pursuing other forms of enforcement and
relief, including civil damages, abatement, and injunction.
SECTION 2. EFFECTIVE DATE. This ordinance shall take effect ten (10) days from passage
and publication.
APPROVED by the City Council on the first reading this,2~.~ay of ~.(,.._, 4'-~'~ ,1999.
PASSED by the City Council of the City of Bremerton this~ day of ,_~¢~:~{~._,1999.
MI~ SH~~
Council President
APPROVED this i '~ day of ~ , 1999.
Mayor
ATTEST:
KATHLEEN McCLUSKEY, Cii{y Clerk