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Home My WebLink About4019 Ordinance ORDINANCE NO. qQ1 AN ORDINANCE of the City of Pasco, Washington, amending Sections 1.01.130 "Violations - Penalty"; 5.27.270 "Penalty"; 5.45.200 "Penalty"; 5.46.060 "Violations and Penalties; 5.70.050 "Violation and Penalty"; 5.78.030 "Violations"; 9.01.090 "Gross Misdemeanor - Penalty"; 9.02.020 "Penalty"; and 26.04.120 "Enforcement" Redefining the Maximum Incarceration for Gross Misdemeanors and amending Section 9.85.040 "Penalties" redefining Graffiti Nuisances as Misdemeanors. WHEREAS, the Washington legislature by Substitute Senate Bill 5168, recognized that a maximum sentence by a Court in the State of Washington for gross misdemeanors can, under Federal law, result in the automatic deportation of a person who has lawfully immigrated to the United States, is a victim of domestic violence, or a political refugee, even when all or a portion of the sentence or confinement is suspended; and WHEREAS, the legislature further has found that under the present definition of"gross misdemeanor", there is a disproportionate outcome, when compared to a person who has been convicted of certain felonies, which under the State's determinate sentencing law, must be sentenced to less than one (1) year. As a result, an inequity exists which may be cured by reducing the maximum sentence for gross misdemeanors by one (1) day; and WHEREAS, such legislation has amended RCW 3.50.440 by which the Municipal Courts are empowered to provide punishment for gross misdemeanor violations including imprisonment for a maximum of 364 days, and requires amendment of the City's code to be consistent with this change in the law; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section 1.01.130 entitled "Violations — Penalty" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 1.01.130 VIOLATIONS - - PENALTY. It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this code. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this code, except for traffic infractions under the Washington Model Traffic Ordinance as adopted by the City of Pasco and for such violations specifically noted in this code as a "civil infraction", shall upon conviction of a gross misdemeanor, be punished by a fine of not more than Five Thousand Dollars ($5,000.00), or by imprisonment for a period of not more than one "` year- three hundred and sixty-four (364) days, or by both such fine and imprisonment or upon conviction of a misdemeanor, be punished by a fine of not more than One Thousand Dollars ($1,000.00), or by imprisonment for a period of not more than ninety (90) days, or by both such fine and imprisonment. Each such person is guilty of a separate offense for each and every day during any portion of which any violation of any provision of this code is committed, continued, or permitted by such person and shall be punished accordingly. In addition to the penalties herein above provided, any condition caused or permitted to exist in violation of the provisions of this code shall be deemed a public nuisance and may be, by this City, summarily abated as such, and each day that such condition continues shall be regarded as a new and separate offense. (Ord. 3481 Sec. 1, 2001; Ord, 2743 Sec. 1, 1989; Ord. 2593 Sec. 1, 4-7-86; Ord. 2549 Sec. 6, 1985; Ord. 2391 Sec. 1, 1982; Ord. 1438 Sec, 13, 1970.) Section 2. That Section 5.27.270 entitled "Penalties" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 5.27.270 PENALTIES. A) Any violation of this chapter shall be a gross misdemeanor, and shall be subject to a fine not to exceed Five Thousand Dollars ($5,000), or to imprisonment for a term not to exceed one jj+-year three hundred and sixty-four (364) days, or both such fine and imprisonment. Each day or portion thereof such violation continues or occurs shall be considered an additional and separate offense. B) Any person violating any of the provisions of this chapter shall also be subject to license suspension or revocation as set forth herein. (Ord. 3262 Sec. 3, 1997.) Section 3. That Section 5.45.200 entitled "Penalty" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 5.45.200 PENALTY. Any Operator, Driver, or passenger violating or failing to comply with any of the provisions of this chapter shall be guilty of a gross misdemeanor and shall be punishable by a fine not to exceed five thousand dollars ($5,000), or by imprisonment for not more than one (1) yeas three hundred and sixty-four (364) days, or by both such fine and imprisonment. (Ord. 3335 Sec. 2, 1998.) Section 4. That Section 5.46.060 entitled "Violations and Penalties" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 5.46.060 VIOLATIONS AND PENALTIES. Every person, whether acting as an individual owner, employee of the owner, operator or employee of the operator, or whether acting as a mere agent or independent contractor for the owner, employee or operator, or acting as a participant or worker in any way directly or indirectly, who acts in violation of any of the provisions of this chapter shall be guilty of a gross misdemeanor and upon conviction, such person shall be punished by a fine not to exceed $5,000 or by imprisonment for a period not to exceed ene yea r three hundred and sixty-four (364) days, or by both such fine and imprisonment. (Ord. 2841 Sec. 1, 1991.) Ordinance Redefining the Maximum Incarceration for Gross Misdemeanors -2 Section 5. That Section 5.70.050 entitled "Violation and Penalty" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 5.70.050 VIOLATION AND PENALTY. Every person, except those persons who are specifically exempted by this chapter, whether acting as in individual owner, employee of the owner, operator or employee of the operator, or whether acting as a mere agent or independent contractor for the owner, or acting as a participant or worker in any way directly or indirectly who gives massages or operates a massage business, or any of the services defined in this chapter, without first obtaining a license or permit and paying a fee to do so as required by this chapter, or violates any provisions of this chapter, shall be guilty of a gross misdemeanor and upon conviction, such person shall be punished by a fine not to exceed $5,000 or imprisonment for a period not to exceed one yeaf three hundred and sixty-four (364) dais, or by both such fine and imprisonment. (Ord. 2840 Sec. 1, 1991.) Section 6. That Section 9.01.090 entitled "Gross Misdemeanor - - Penalty" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 9.01.090 GROSS MISDEMEANOR - - PENALTY. Every person convicted of a gross misdemeanor defined in this code shall be punished by imprisonment in the county jail for a maximum term fixed by the court, of not more than one year three hundred and sixty-four 364 days, or by a fine in an amount fixed by the court, of not more than Five Thousand Dollars ($5,000.00), or by both such imprisonment and fine. (Ord. 3482 Sec. 1, 2001.) Section 7. That Section 9.02.020 entitled "Penalty" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 9.02.020 PENALTY. The penalty for willful failure to appear shall be a fine of not more than Five Thousand Dollars ($5,000.00) or imprisonment for not more than one deaf three hundred sixty-four (364) days, or both. The penalty imposed under this Section shall not exceed the maximum penalty for the original crime charged or, if there has been no charge, the offense for which the person was arrested. (Ord. 2592 Sec. 1, 3-7-86.) Section 8. That Section 5.78.030 entitled "Violations" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 5.78.030 VIOLATIONS. A) Any person violating any of the provisions or failing to comply with any of the requirements of this chapter, shall upon a finding that the act or omission had been committed, be punished by a fine of not more than $500 dollars and shall be guilty of a code infraction. Each such person is guilty of separate code infraction for each and every day during any portion of which any violation of any provision of this chapter is committed, continued, or permitted by such person and shall be punished as aforestated. B) Any person who knowingly submits or assists in the submission of a falsified certificate of inspection, or knowingly submits falsified information upon which a certificate of Ordinance Redefining the Maximum Incarceration for Gross Misdemeanors - 3 inspection is issued, shall, in addition to the penalties provided in subsection (A) above, be guilty of a gross misdemeanor and shall be punished for- a fine of not faere than $5,000 dellai-7s ef by . - . - it for- a period ef not more than six menths, ef both, sueh fine and ifnpr-isenment fe "" separate off for each and every day during any portion of which any violation of this subsection shall be committed. C) In addition to the penalties provided above, any violation of this chapter may result in the revocation of the business licenses provided in this title. Any violation of this chapter including the determination by the City after an inspection of the dwelling unit, that a condition exists which substantially endangers or impairs the health or safety of a tenant may, in addition to the penalties provided above, result in the issuance of a notice of civil violation by subject to the penalties as imposed under the provisions of this code. (Ord. 3231 Sec. 2, 1997.) Section 9. That Section 26.04.120 entitled "Enforcement" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 26.04.120 ENFORCEMENT. Any person violating the provisions of this title is guilty of a gross misdemeanor and shall be subjeet to a fifie of not less than one hufldfed (100) dellafs $100 of mefe than thfee htifidfed (300) dollars $300 impiisenment fiet exeeedin,g ninety (90) days of bet The City Attorney shall commence an action to enjoin further violations or attempted violations and to compel compliance with this title. (Ord. 3398 Sec. 2, 1999.) Section 10. That Section 9.85.040 entitled "Penalties" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: (1) Fines and Imprisonment. Any person violating this Ordinance shall be guilty of a gFess misdemeanor and punished by a fine of$250 dellafs for the first offense; $500 dellars for the second offense; and $1,000 dells for each subsequent offense, or by imprisonment in the city jail for a term not to exceed-simxty-, ninety (90) days or by both fine and imprisonment at the discretion of the court. (2) Restitution. In addition to any punishment specified in this section, the court shall order any violator to make restitution to the victim for damages or loss caused directly or indirectly by the violator's offense in the amount or manner determined by the court. (3) Community Service. In lieu of, or as part of, the penalties specified in paragraph one of this section, a minor or adult may be required to perform community service as described by the court based on the following minimum requirements: (a) The offender shall perform at least 50 hours of community service. (b) The entire period of community service shall be performed under the supervision of a community service provider approved by the Courts. Ordinance Redefining the Maximum Incarceration for Gross Misdemeanors -4 (c) Reasonable efforts shall be made to assign the offender to a type of community service that is reasonably expected to have the most rehabilitative effect on the offender, including community service that involves graffiti removal. (Ord. 3370 Sec. 2, 1999.) Section 11. This Ordinance shall take full force and effect five (5) days after its approval,passage, and publication as required by law. PASSED by the City Councils of the Cit of Pasco, Washington, and approved as provided by law this i day of K-V 5 , 2011. AO-4 ` Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: cl� ' Debra L. Clark, City Clerk Leland B. err, City Attorney Ordinance Redefining the Maximum Incarceration for Gross Misdemeanors - 5