HomeMy WebLinkAbout4680 ORDINANCE NO. '~ ~O
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
Hearing 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.
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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:
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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, beadng the words, "No Agent", "No Peddlers",
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"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 Vehicle 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.
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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 ~ day of
1999.
PASSED by the City Council of the City of Bremerton this ~ day of
1999.
MIKE ~HEPI-~RD, Councd President
APPROVED this q day of ~ZL.~--0~, 1999.
~ HO~F~TON~, Ma'~~or
ATTEST:
KA~RLEEN L. McCLUSKEY, City Clerk EFFeCTiVE
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