HomeMy WebLinkAbout2549 Ordinance2549 ORDINANCE NO. AN ORDINANCE revising the penalty section of the Pasco Municipal Code. WHEREAS, RCW 3.50.440 as amended by Laws 1984, Chapter 258, Section 120, now provides that "Every person convicted by the Municipal Court of a violation of the criminal provisions of an ordinance for which no punishment is specifically proscribed in the Ordinance shall be punished by a fine of not more than five thousand dollars or imprisonment in the city jail for a period not to exceed one year, or both such fine and imprisonment"; and WHEREAS, Section 1.01.130 of the Pasco Municipal Code concerning VIOLATIONS - PENALTY has not been amended to incorporate the above statutory amendment, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: SECTION ONE. Section 1.01.130 of the Pasco Municipal Code is hereby amended by the following underlined additions and deletions by interlineation to read as follows: 1.01.130 VIOLATIONS - PENALTY. It is unlawful for any person to violate any provision or 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 "Code Violations", shall upon conviction thereof, be punished by a fine of not more than five-hundred-dealers-0508708f one thousand dollars ($1,000.00), or by imprisonment for a period of not more than six-Of-menths one (1) year, 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. APPROVED AS TO FORM: SECTION TWO. This ordinance shall take effect five (5) days after passage and publication according to law. PASSED this 4; day of May • 1985. ATTEST: velyn We s,ty Clerk Gre . Rubstello, C ty Attorney ORDINANCE NO 2549 AN ORDINANCE revis ing the penalty section of the Pasco Municipal Code WHEREAS RCW 3 50 440 as amended by Laws 1984 Chapter 258 Section 120 now provides that Every person con victed by the Municipal Court of a violation of the oilmen— provisions of an or dinance, for which no pun-1 ishmeAt is specifically1 proscribed in the Ordi- nance shall be punished by a fine oi not more than five thousand dollars or impris- onment in the city Jail for a period not to exceed one year or both such fine and imprisonment ' and WHEREAS Section 1 01 130 of the Pasco Mu nicipal Code concerning VI OLATIONS PENALTY has not been amended to moor porate the above statutory amendment NOW THEREFORE THE CITY COUNCIL OF THE CITY OF PASCO WASHINGTON DO OR- , DAIN AS FOLLOWS SECTION ONE Section 11 01 130 of the Pasco Mu- nicipal Code is hereby amended by the following underlined additions and deletions by interlineation to read as follows 1 01 130 VIOLATIONS PENALTY It is unlawful for any person to violate any provision or fail to comply with any of the require ments of this code Any per- son violating any of the provisions or failing to com- ply with any of the manda- tory requirements of this code except for traffic in fractions under the Wash Ington Model Traffic Ordinance as adopted by the City of Pasco and for such violations specifically' noted in this code as "Code1 Violations' shall upon con \notion thereof be punished by a fine of not more than one thousand dollars ($1,000 00) or by ;moils onment for a period of not more than one (1) year, or by both such fine and im- prisonment Each such per- son is guilty of a separate offense for each and every, day during any portion of which any violation of any I provision of this code is committed continued or permitted by such person and shall be punishedi 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 SECTION TWO This or- dinance shall take effect five (5) days after passage and publication according to law PASSED this 6 day of May, 1985 -s-Joe W Jackson, Mayor ATTEST s Evelyn Wells City Clerk APPROVED AS TO FORM s Greg A Rubstello, City Attorney LEGAL NO 19018 - May 10, 1985 AFFIDAVIT OF PUBLICATION COUNTY OF Benton )ss STATE OF WASHINGTON JaEllen Ward being first duly sworn on oath deposes and says she is thePr111-Q1 p al clerk of the Tn-City Herald, a daily newspaper That said newspaper is a legal newspaper and has been approved as a legal newspaper by order of the superior court in the county in which it is published and it is now and has been for more than six months prior to the date of the publication here inafter referred to, published in the English language continually as a daily newspaper in Benton County, Washington, and is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper That the annexed is a true copy of a 1Ega1 ad "Ord #2549 1I as it was printed in the regular and entire issue of the 5ri City Herald itself and not in a supplement thereof, for a period of one /1 Times, commencing on the JOth day of May ,1985 , and That the Total amount is $ o9 • 8 3 ending on the 10th day of May ,1985 , and that said newspaper was regularly distnbuted to its subscribers during all of this period 9-1 inches @ $7 , 35 = $69 , Subscribed and sworn to before me this 10th day of May , 19 85 Notar • ublic in and for the State of Washington, residing at Pasco FINANCE DEPARTMENT 1509) 545-3401 Stan 726-3401 ew Sin yours, e yn Wells City Clerk P. 0 BOX 293 412 WEST CLARK PASCO, WASHINGTON 99301 May 7 9 1985 Tri City Herald P.O. Box 2608 Pasco, Washington 99302 Attn: Rochelle Dear Rochelle: Attached are copies of Ordinance Nos. 2548 and 2549 which we would like published on the following date. May 10 9 1985 Please send two (2) Affidavits of Publication for each.