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HomeMy WebLinkAboutOrdinances - 2015-01 - Redefining the meaning of civil infraction, amending EWMC Section 1.20.040 - 1/13/2015City of East Wenatchee, Washington Ordinance No. 2015-01 An Ordinance of the City of East Wenatchee redefining the meaning of "civil infraction" by amending Section 1.20.040 of the East Wenatchee Municipal Code. Una Ordenanza de la Ciudad de East Wenatchee redefinir el significado de "infracci6n civil" por la que se modifica la Secci6n 1.20.040 del C6digo Municipal de East Wenatchee. 1. Alternate format. 1.1. Para leer este documento en otro formato (espafiol, Braille, leer en voz alta, etc.), p6ngase en contacto con el vendedor de la ciudad al alternatformat@east-wenatchee.com, al (509) 884-9515 o al 711 (TTY). 1.2. To read this document in an alternate format (Spanish, Braille, read aloud, etc.), please contact the City Clerk at alternateformat@east-wenatchee.com, at (509) 884-9515, or at 711 (TTY). 2. Recitals. 2.1. The City of East Wenatchee ("City") is a non-charter code City duly incorporated and operating under the laws of the State of Washington; and 3. Authority. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to adopt ordinances of all kinds to regulate its municipal affairs and appropriate to the good government of the City. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS FOLLOWS: 4. Amendment. The City Council amends Section 1.20.040 of the East Wenatchee Municipal Code to read as set forth in Exhibit A. 5. Severability. If a court of competent jurisdiction declares any provision in this Ordinance to be contrary to law, such declaration shall not affect the validity of the other provisions of this Ordinance. City of East Wenatchee Ordinance 2015-01 Page 1 of3 6. Publication. The City Council directs the City Clerk to publish a summary of this Ordinance. The summary shall consist of the title of this Ordinance. The City Council directs the City Clerk to publish a copy of this Ordinance on the City's website. 7. Effective Date. This Ordinance becomes effective five days after the date its summary is published. Passed by the City Council of East Wenatchee, at a regular meeting thereof on this 134-h day of rv~ '2015. The City of East Wenatchee , Washingto Authenticated: Dana Barnard, City Clerk Devin Poulson, City Attorney Filed with the City Clerk: Passed by the City Council: Published: Effective Date: City of East Wenatchee Ordinance 2015-01 Page 2 of 3 Summary of City of East Wenatchee, Washington Ordinance No. 2015·01 On the _j3Jb. day of ~ , 2015, the City Council of the City of East Wenat e;,ila~gton approved Ordinance No. 2015-01, the main point of which may be summarized by its title as follows: An Ordinance of the City of East Wenatchee redefining the meaning of "civil infraction" by amending Section 1.20.040 of the East Wenatchee Municipal Code. Una Ordenanza de la Ciudad de East Wenatchee redefinir el significado de "infracci6n civil" por la que se modifica la Secci6n 1.20.040 del C6digo Municipal de East Wenatchee. The full text of this Ordinance is available at www.east-wenatchee.com. Dated this /o<fli day of ____ ~~wrt~Wti~~""""_...y---' 2015. Dana Barnard, City Clerk City of East Wenatchee Ordinance 2015-01 Page 3 of 3 Ordinance 2015-01 Exhibit A 1.20.040 Civil infraction. Classes of civil infraction -Monetary penalties -Restitution. A. The City Council designates four classes of civil infractions. 1. Class 1 Civil Infraction. The maximum penalty for a Class 1 civil infraction is $250.00, not including statutory assessments. 2. Class 2 Civil Infraction. The maximum penalty for a Class 2 civil infraction is $125.00, not including statutory assessments. 3 . Class 3 Civil Infraction. The maximum penalty for a Class 3 civil infraction is $50.00, not including statutory assessments. 4. Class 4 Civil Infraction. The maximum penalty for a Class 4 civil infraction is $25.00, not including statutory assessments. B. If a provision of this code'Nl:leRe"'er tl:lis eeae er _any Ol'dinance designates a prohibited act or a prohibited omission as a "civil infraction;' and when this code Of' any oFdinance does not designate its class, it is a Class 1 Civil Infraction.contain a specific monetaFy penalty that the coul't may assess against a peFson it finds to have committed a civil infraction, the coul't may assess a monetal'y penalty not to exceed $250.00 fo;p each offense. C. A monetary penalty imposed by a court under this chapter is immediately payable. If the person is unable to pay at that time, the court may postpone the due date up to 90 days. If the penalty is not paid b y the due date, the court may collect the penalty in the same manner as other civil judgments and may notify the prosecuting authority of the failure to pay. D. In lieu of payment of all or part of £!...the-monetary penalty, £!tfte court may has disel'etion to order the performance of community service. IhE. -In addition to imposing a civil penalty, a court may order a person found to have committed a civil infraction to pay restitution, including any costs or expenses incurred by the city in abating or eliminating a public nuisance.