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.
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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.
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(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