HomeMy WebLinkAbout2743 OrdinanceORDINANCE NO. 2743
AN ORDINANCE concerning civil infractions; amending
Section 1.01.130 PMC; and establishing new Chapter 1.02
PMC.
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Section 1.01.130 PMC is hereby amended to
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 lieede-V±eiat±emsu7 a "civil infraction", shall upon
conviction thereof, 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 (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.
Section 2. New Chapter 1.02 is hereby added to the
Pasco Municipal Code, which Chapter shall read as follows:
CHAPTER 1.02
CIVIL INFRACTIONS
1.02.010
1.02.020
1.02.030
1.02.040
1.02.050
1.02.060
1.02.070
1.02.080
1.02.090
1.02.110
Enforcement Officer.
Initiation of Civil Infraction
Proceeding.
Identification and Detention.
Notice of Civil Infraction.
Response to Notice of Civil
Infraction.
Contested Hearing.
Mitigation Hearing.
Penalties.
Costs.
Failure to Sign or Respond.
1.02.010 ENFORCEMENT OFFICER. As used in this
chapter, "enforcement officer" means a person authorized
to enforce the provisions of the chapter or ordinance in
which the civil infraction is established.
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1.02.020 INITIATION OF CIVIL INFRACTION
PROCEEDINGS. (1) A civil infraction proceeding is
initiated by the issuance, service, and filing of a
Notice of Civil Infraction.
(2) A notice of civil infraction may be issued by an
enforcement officer when the civil infraction occurs in
the officer's presence.
(3) A court may issue a Notice of Civil Infraction if
an enforcement officer files with the court a written
statement that the civil infraction was committed in the
officer's presence or that the officer has reasonable
cause to believe that a civil infraction was committed.
(4) Service of a Notice of Civil Infraction issued
under subsection (2) or (3) of this section shall be as
provided by court rule. Until such a rule is adopted,
service shall be as provided in JTIR 2.2(c)(1) and (3),
as applicable.
(5) A Notice of Infraction shall be filed with the
clerk of the Pasco Municipal Court within forty-eight
(48) hours of issuance, excluding Saturdays, Sundays and
holidays. A Notice of Infraction not filed within the
time limits prescribed in this section may be dismissed
without prejudice.
1.02.030 IDENTIFICATION AND DETENTION. A person
who is to receive a Notice of Civil Infraction under
section .020 of this chapter is required to identify
himself or herself to the enforcement officer by giving
his or her name, address, and date of birth. Upon the
request of the officer, the person shall produce
reasonable identification, including a driver's license
or identicard.
A person who is unable or unwilling to reasonably
identify himself or herself to an enforcement officer
may be detained for a period of time not longer than is
reasonably necessary to identify the person for purposes
of issuing a civil infraction.
1.02.040 NOTICE OF CIVIL INFRACTION. (1) A notice
of Civil Infraction represents a determination that a
civil infraction has been committed. The determination
is final unless contested as provided in this chapter.
(2) The form for the Notice of Civil Infraction shall
be prescribed by rule of the Washington State Supreme
Court. Until such rule is adopted, the Notice of Civil
Infraction shall be issued on the form prescribed by the
administrator for the courts for the issuance of traffic
infractions and other non-criminal infractions.
1.02.050 RESPONSE TO NOTICE OF CIVIL INFRACTION.
(1) Any person who receives a Notice of Civil Infraction
shall respond to such notice as provided in this section
within fifteen (15) days of the date of the notice.
(2) If the person determined to have committed the
civil infraction does not contest the determination, the
person shall respond by completing the appropriate
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portion of the Notice of Civil Infraction and submitting
it, either by mail or in person, to the court specified
on the notice. A check or money order in the amount of
the penalty prescribed for the civil infraction must be
submitted with the response. The clerk of the municipal
court may accept cash in payment for an infraction.
When a response which does not contest the determination
is received, an appropriate order shall be entered in
the court's records.
(3) If the person determined to have committed the
civil infraction wishes to contest the determination,
the person shall respond by completing the portion of
the Notice of Civil Infraction requesting a hearing and
submitting it, either by mall or in person, to the Pasco
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 earlier than seven (7) nor more
than ninety (90) days from the date of the Notice of
Hearing, except by agreement.
(4) If the person determined to have committed the
civil 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 Notice of Civil Infraction requesting
a hearing for that purpose and submitting it, either by
mail or in person, to the Pasco 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 earlier than seven (7) days nor more than ninety (90)
days from the date of the Notice of Hearing, except by
agreement.
(5) The court shall enter a default judgment
assessing the monetary penalty prescribed for the civil
infraction and may notify the city attorney of the
failure to respond to the Notice of Civil Infraction or
to appear at a requested hearing if any person issued a
Notice of Civil Infraction:
(a) Fails to respond to the Notice of Civil
Infraction as provided in subsection (2) of this
section; or
(b) Falls to appear at a hearing requested pursuant
to subsection (3) or (4) of this section.
1.02.060 CONTESTED HEARING. (1) A hearing held
for the purpose of contesting the determination that a
civil infraction has been committed shall be without a
jury ad shall be recorded in the manner provided for in
courts of limited jurisdiction.
(2) The court may consider the Notice of Civil
Infraction and any other written report made under oath
submitted by the enforcement officer who has issued the
notice or whose written statement was the basis for the
issuance of the notice in lieu of the officer's personal
appearance at the hearing. The person named in the
notice may request the court for issuance of subpoena of
witnesses including the enforcement officer who issued
the notice, and has the right to present evidence and
examine witnesses present in court.
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(3) The burden of proof is upon the city to establish
the commission of the civil infraction by a
preponderance of the evidence.
(4) In the event the person named in the notice fails
to appear at the hearing, the court may proceed to find
the civil infraction was committed, in which case an
appropriate order shall be entered in the court's
records.
(5) After consideration of the evidence and argument,
the court shall determine whether the civil infraction
was committed. Where it has not been established that
the civil infraction was committed, an order dismissing
the notice shall be entered in the court's records.
Where it has been established that the civil infraction
was committed, an appropriate order shall be entered in
the court's records.
(6) An appeal from the court's determination or order
shall be to the superior court in the manner provided by
the rules for appeal of decisions of courts of limited
jurisdiction. The decision of the superior court is
subject only to discretionary review pursuant to the
rules of appellate procedure.
1.02.070 MITIGATION HEARING. (1) A hearing held
for the purpose of allowing a person to explain
mitigating circumstances surrounding the commission of a
civil infraction shall be an informal proceeding. The
person may not subpoena witnesses. The determination
that a civil infraction has been committed may not be
contested at a hearing held for the purpose of
explaining mitigating circumstances.
(2) After the court has heard the explanation of the
circumstances surrounding the commission of the civil
infraction, an appropriate order shall be entered in the
court's records.
(3) There is no appeal from the court's determination
or order.
1.02.080 PENALTIES. (1) a person found to have
committed a civil infraction shall be assessed a
monetary penalty in an amount not to exceed the maximum
amount for the infraction stated in this Code.
(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
established for payment, the court may proceed to
collect the penalty in the same manner as 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.
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E H DLER, Mayor
APPROVED AS TO FORM*
()
N WELLS, City Clerk GREG(A. RUBSTELLo,-"Cit'ir Attorney
AT
(4) An order entered 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 civil
in nature.
(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.
1.02.090 COSTS. Each party to a civil infraction
case is responsible for costs incurred by that party,
but the court may assess witness fees against a
non-prevailing respondent.
1.02.110 FAILURE TO SIGN OR RESPOND. (1) A person
who fails to sign a Notice of Civil Infraction is guilty
of a misdemeanor.
(2) Any person willfully violating his or her written
and signed promise to appear in court or his or her
written and signed promise to respond to a Notice of
Civil Infraction is guilty of a misdemeanor regardless
of the disposition of the Notice of Civil Infraction:
PROVIDED, that a written promise to appear in court or a
written promise to respond to a Notice of Civil
Infraction may be complied with by an appearance by
counsel.
(3) A person who willfully fails to pay a monetary
penalty or to perform community service as required by a
court under this chapter may be found in civil contempt
of court after notice and hearing.
Section 3. This ordinance shall become effective five
(5) days after passage and publication.
PASSED,by,the City Council and APPROVED by the Mayor this
/'‘. day of e../Z0Z4_4(9, 1989.
October 17, 1989
Tri City Herald
P.O. Box 2608
Pasco, Washington 99302
Gentlemen:
Please publish Ordinance No. 2743 on the following date:
October 20, 1989
Please send two (2) Affidavits of Publication.
Sinc r..:ely,
Evelyn Wells
City Clerk
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