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Home My WebLink About2599 Ordinance-, Is ORDINANCE NO. 2599 AN ORDINANCE declaring parking violations to be civil infractions; Setting penalties for violations; Adding new Section 10.16.135 to the Pasco Municipal Code; Repealing PMC Sec- tions 10.16.070, .080, .100; And amending Section 10.16.090. THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DOES ORDAIN AS FOLLOWS: Section 1. Section 10.16.135 is hereby added to the Pasco Municipal Code, which Section shall read as follows: 10.16.135 PENALTY PROVISIONS. (1) Any person found to be in violation of any provision of Chapters 10.48, 10.52, and 10.56 of this Title shall be deemed to have committed a civil infraction and for each such violation shall be subject to a civil penalty in the amount listed, plus court costs and statutory assessments, if any: The original penalty for each violation of Chapter 10.56 shall be Five Dollars ($5.00). The original penalty for each violation of Chapter 10.48 or 10.52 shall be Fifteen Dollars ($15.00). (2) The failure to respond within fifteen (15) days shall result in additional penalties being owed. (a) after fifteen days an additional penalty of Fifteen Dollars ($15.00) shall be due and owing; and (b) after thirty days an additional penalty of Fifteen Dollars ($15.00) shall be due and owing, for a maximum total penalty of Thirty-five Dollars ($35.00) for a Chapter 10.56 violation and Forty-five Dollars ($45.00) for a Chapter 10.48 or a Chapter 10.52 violation. (3) Each day that a violation continues or each time that a violation continues past a parking limitation period or portion thereof in excess of the applicable parking time limitation, it shall be deemed a seperate violations subject to the maximum civil penalty as set forth above. (4) Court costs of Ten Dollars ($10.00) shall be assessed in addition to any other penalty, cost or statutory assessment imposed when a violation under this Chapter has been found to have been committed following a contested hearing. Section 2. Any provision of the Pasco Municipal Code inconsistent with any of the provisions set forth above in Section 1 of this Ordinance shall be deemed repealed. Section 3. Sections 10.16.070, .080, and .100 of the Pasco Municipal Code are hereby repealed. Section 4. PMC Section 10.16.090 is hereby amended by deletion of its second paragraph (as shown by interlineation below) to read as follows: 10.16.090 PRESUMPTION IN REFERENCE TO ILLEGAL PARKING. In any prosecution charging a violation of any law or regulation governing the standing or parking of vehicle, proof that the particular vehicle described in the Complaint was parked in violation of any such law or regulation, together with proof that the defendant named in the Complaint was at the time of such parking the registered owner of said vehicle, shall constitute evidence of a prima facie presumption that the registered owner of such vehicle was a person who parked or placed such vehicle at the point where, and for the time during which, such violation occurred. The foregoing stated presumption shall apply only when the procedure as described in Sections 10.16.070 and 10.16.080 has been followed. Section 5. This Ordinance shall take effect five (5) days after passage and publication. PASSED this 6--day of -May,- 19 oved by the Mayor. J 1 E JAC ff. Mayor A RUBSTELLO, orney APPROVED AS TO FORM: ORDINANCE NO 2599 AN ORDINANCE declar- ing parking violations to be civil infractions Setting pe- nalties for violations, Add- ing new Section 10 16 135 to the Pasco Municipal Code, Repealing PMC Sec- tions 10 16 070 080, 100 And amending Section 10 16 090 THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DOES OR- DAIN AS FOLLOWS Section 1 Section 10 16 135 is hereby added to the Pasco Municipal Code which Section shall read as follows 10 16 135 PENALTY PROVISIONS (1) Any per- son found to be in violation of any provision of Chap- ters 10 48, 10 52, and 10 56b of this Title shall be deemed to have committed a civil infraction and for each such violation shall be subject to a civil penalty in the amount listed, plus court costs and statutory assessments, if any The original penalty for each violation of Chapter / 10 58 shall be Five Dollars ($5 00) The original penalty for each violation of Chapter 10 48 or 10 52 shall be Fif- teen Dollars ($15 00) (2) The failure to respond within fifteen (15) days shall result in additional penal- ties being owed (a) after fifteen days an additional penalty of Fifteen Dollars ($15 00) shall be due and owing and (b) after thirty days an additional penalty of Fifteen Dollars ($15 00) shall be due and owing, for a maxi- mum total penalty of Thirty- five ($35 00) for a Chapter 10 56 violation and Forty- five Dollars ($45 00) for a Chapter 10 48 or a Chapter 10 52 violation (3) Each day that a viola- tion continues or each time that a violation continues past a parking limitation pe- riod or portion thereof in ex- cess of the applicable parking time limitation it shall be deemed a separate violations subject to a maxi- mum civil penalty as set forth above (4) Court costs of Ten Dollars ($10 00) shall be as- sessed in addition to any other penalty cost or stat- utory assessment imposed when a violation under this Chapter has been found to have been committed fol- lowing a contested hearing Section 2 Any provision of the Pasco Municipal Code inconsistent with any of the provisions set forth above in Section 1 of this Ordinance shall be deemed repealed Section 3 Sections 10 16 070, 080 and 100 of the Pasco Municipal Code are hereby repealed Section 4 PMC Section 10 16 090 is hereby amended by deletion of its second paragraph (as shown by interlineation below) to read as follows 10 16 090 PRESUMP- TION ON REFERENCE TO ILLEGAL PARKING In any prosecution charging a vio- lation of any law or regula- tion governing the standing or parking of a vehicle proof that the particular ve- hicle described in the Com- plaint was parked in violation of any such law or regulation, together with proof that the defendant named in the Complaint was at the time of such , parking the registered owner of said vehicle, shall constitute evidence of a prima facie presumption , that the registered owner of I such vehicle was a person who parked or placed such (vehicle at the point where, and for the time during which, such violation oc- curred The foregoing stated pre- sumption shall apply only when the procedure as de- scribed in Sections 10 16 070 and 10 16 080 has been followed Section 5 This Ordi- nance shall take effect five (5) days after passage and publication PASSED this 5 day of May, 1986 and approved by the Mayor -s-Joe Jackson, Mayor ATTEST -s-Evelyn Wells, City Clerk APPROVED AS TO FORM -s-Greg A Rubstello, City Attorney LEGAL NO 20903 - May 9, 1986 AFFIDAVIT OF PUBLICATION COUNTY OF Benton ) ss STATE OF WASHINGTON being first duly sworn on oath deposes she Principal Clerk and says is the of the Tr-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 Legal Advertisement Ordinance #2599 M. S. Hutchens as it was printed in the regular and entire issue of the Tr-City Herald itself and not in a supplement thereof, for a period of QM Times, commencing on the 9th day of May , 19 86 , and day of , 86 , and that said ending on the 19 c 9th May newspaper was regularly distributed to its subscribers during all of this period That the Total amount is $ 99.45 l, in. @ 7.65 = 99045 Subscribed and sworn to before me this , 19 86 15th day of Ma y 77h J tary Public in and for the State of Washington, residing at Pasco May 6, 1986 Tri City Herald P.O. Box 2608 Pasco, Washington 99302 Attn: Rochelle Dear Rochelle: Please publish Ordinance Nos. 2597, 2598, and 2599 on the following date: May 9, 1986 Please send two (2) Affidavits of Publication for each. Sincerely yours, Evelyn Wells City Clerk ew