HomeMy WebLinkAbout4070 Ordinance ORDINANCE NO.`I °? d
AN ORDINANCE of the City of Pasco, Washington,
Amending Section 1.02.080 "Penalties" Establishing the
Maximum Amount for Civil Infractions
WHEREAS, Washington law (RCW 7.80) authorizes the City to designate certain
violations of its Municipal Code as civil infractions distinguishing them from criminal violations;
and
WHEREAS, RCW 7.80.120 establishes a maximum monetary penalty and default
amount of a class 1 civil infraction at two hundred fifty dollars ($250.00), not including statutory
assessments; and
WHEREAS, to provide clarity and certainty to the amounts for such penalties, NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That Section 1.02.080 entitled "Penalties" of the Pasco Municipal Code,
shall be and hereby is amended and shall read as follow:
1.02.080 PENALTIES.
(1) A person found to have committed a civil infraction under this Code shall be
assessed a monetary penalty in an amount not to exceed the maximum amount for infraction
stated in this Code. Unless otherwise specifically designated in this Code by class, or by
amount, the civil infraction shall constitute a class 1 civil infraction provided by RCW 7.80.120
for the maximum penalty and default amount in the sum of two hundred fifty dollars ($250.00),
not including statutory assessments. Except for such violations, which by State law provide for a
greater maximum penalty, the maximum penalty and default amount, but not including statutory
assessments, shall be:
(A) Class 1 Civil Infraction $250.00
(B) Class 2 Civil Infraction $125.00
(C) Class 3 Civil Infraction $ 50.00
(D) Class 4 Civil Infraction $ 25.00
(2) Whenever a monetary penalty is imposed by the Municipal Court, it is
immediately payable. If the person is unable to pay at the time the Court may grant an extension
of the period in which the penalty may be paid. If the penalty is not paid on or before the time
Ordinance Amending Section 1.02.080 - 1
established for payment, the Court may proceed to collect the penalty in the same manner as the
other civil judgments and may notify the City Attorney of the failure to pay.
(3) The Court may also order a person found to have committed a civil infraction to
make restitution.
(4) An order or judgment entered by the Court after the receipt of a response, which
does not contest the determination, or after it has been established at a hearing that the civil
infraction was committed, or after a hearing for the purpose of explaining mitigating
circumstances is constitutes a civil in nature judgment, subject to execution and collection as
provided by law.
(5) The Court may waive, reduce, or suspend the monetary penalty prescribed for the
civil infraction. If the Court determines that a person has insufficient funds to pay the monetary
penalty, the Court may order performance of a number of hours of community service in lieu of a
monetary penalty, at the rate of the then state minimum wage per hour. (Ord. 2743 Sec. 2,
1989.)
Section 2. 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 Council of th C_ity of Pasco, Washington, and approved as
provided by law this 62_ day of 0L5 � , 2012.
Matt Watkins, Mayor
ATTEST: APPROVED AS TO FORM:
4/(435?6(j-
_ .
De•bie Clark, City Clerk Leland B. Kerr, Ci Att ey
Ordinance Amending Section 1.02.080 - 2