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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. -1- 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 -2- 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. -3- (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. -4- 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 ew