Loading...
HomeMy WebLinkAbout4139 AN ORDINANCE of the City of Bremerton establishing a general penalty provision to be included in Title 1, Chapter 12. W~EREAS, it is desireable to have a general penalty provision to establish uniformity in enforcement of the Bremerton Municipal Code, now, therefore THE CITY OF BREMERTON DOES HEREBY ORDAIN: SECTION 1: Chapter 1.12 of the Bremerton Municipal Code is amended by adding the following sections: .010 - OFFENSES. Every offense defined by this Code or conduct made unlawful thereby shall be designated either a crime or civil infraction. Any violation not otherwise designated shall constitute a misdemeanor. · 020 - PENALTIES. A. Civil Infractions: Civil infractions are punishable with a maximum penalty of $250.00, unless otherwise speci fled. B. Misdemeanor: Every person convicted of a misdemeanor shall, unless otherwise specified, be punished by a fine not to exceed $1,000.00 or by imprisonment in jail for a term not to exceed ninety (90) days or by both such fine and imprisonment. C. 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 imprisonment in jail for a term not to exceed one year, or by both such fine and i mpr i s onment. .030 - NOTICE OF INFRAC'I~ION. (A) A Washington uniform court docket citation may be issued as the form for the notice of infraction. B. A notice of infraction represents a determination tha't a violation has been committed. The determination will be final unless contested as provided in this chapter. 1 C. Any person who receives a notice of infraction under this Chapter shall respond to such notice as provided in this section within fifteen (15) days of the date of the notice. (i) If the person determined to have committed the infraction does not contest the determination, the person shall respond by completing the appropriate portion of the notice of infraction and submitting it, either by mail or in person, to the court specified on the notice. Payment in the amount of the penalty prescribed for the infraction must be submitted with the response. When a response which does not contest the determination is received, an appropriate order shall be entered to the court's records. (ii) If the person determined to have committed the infraction wishes to contest the determination, the person shall respond by completing the portion of the infraction requesting the hearing and submitting it either by mail or in person to the Municipal Court. The court shall notify the person in writing of the time, place and date of the hearing and that date shall not be sooner than seven (7) days from the date of the notice, except by written agreement. (iii) If the person determined to have committed the infraction does not contest the determination but wishes to explain mitigating circumstances surrounding the infraction, the person shall respond by completing the portion of the infraction requesting a hearing for that purpose and submitting it either by .mail or in person to the Municipal Court. The court shall notify the person in writing of the time, place, and date of the hearing. (iv) If any person issued a notice of infraction fails to respond to the notice of infraction as provided in this section, or fails to appear at a hearing requested pursuant to this section, the court shall enter an appropriate order assessing the monetary penalty prescribed for the infraction. .040 - CONTESTED HEARING- INFRACTION. (a) A hearing held for the purpose of contesting the determination that an infraction has been committed shall be without a jury. 2 (b) Any person subject to proceedings under this chapter may be represented by counsel. (c) The attorney representing the City may appear in any proceeding under this chapter, but is not required to do so. (d) The officer who issued the notice may appear at such hearing and may subpoena witnesses or may submit an affidavit stating the facts giving rise to the infraction. The person named in the notice may subpoena witnesses, including the officer, and also has the right to present evidence and examine witnesses present in court. (e) The burden of proof is upon the City to establish a commission of the infraction by a preponderance of the evidence. (f) After consideration of the evidence and argument, the court shall determine whether an infraction was committed. When the court determines 'that an infraction has not been committed, an order dismissing the notice shall be entered in the court's record. When it has been established that the infraction was committed, an appropriate order shall be entered in the court's record. (g) An appeal from the court's determination or order shall be to the superior court. Such appeal shall be taken in accord with the Rules for Appeal for Courts of Limited Jurisdiction. .050 - FAILURE TO APPEAR, RESPOND OR PAY FINE - INFRACTION. If a violator of any provision of this Chapter fails to respond within fifteen (15) days to the notice of infraction in one of the ways set forth in subsection (ii), (iii) and (iv) of §1.12.030 or to timely appear in court pursuant to a scheduled hearing, or to timely pay any fine imposed, such action shall constitute a misdemeanor. .060 - CONTESTED HEARING - CRIMINAL. Prosecutions for violating municipal ordinances shall be in conformity with Criminal Rules for Courts of Limited Jurisdiction (CrRLJ) and Traffic Rules for Justice Courts (JTR) adopted by the Supreme Court of this state and as they may be hereafter amended. .070 - FAILURE TO APPEAR- CRIMINAL. Any person wilfully violating his written and signed promise to appear in court either: A. When the promise is on the citation itself; or B. When the promise is to the court in lieu of depositing bail, is guilty of a misdemeanor regardless of the disposition of the charge upon which he was originally arrested. SECTION 2: The following ordinances are repealed: B.M.C. 1.12.010; 1.12.020; 9A.04.080; 9A.04.090; 7.04.150; 7.04.160; and 7.04.170. APPROVED by the City Council on the first reading this day of q~-c~,, , 1987. PASSED by the City Council of the City of Bremerton this APPROVED th is if ~ day of LOBE, Mayor ATTEST: KATHLEEN L. McCLUSKEY, Clerk PUBLISHED: CRDINANCENO. 4139 PUBLISHED: 12/19/87