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03-045 - ~ CITif OF SPOKAN! _ . .LLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 45 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, ADOPTING A ~ GENERAL PENALTY PROVISION, A CIVIL INFRACTION SYSTEM, PROVIDING FOR PROSECUTION AND ESTABLISHING AN EFFECT(VE DATE. WHEREAS, the City of~ S~po kane Valley will incorpo~ate on March 31, 2003; WHEREAS, Pursuant to RCW 35A.11.020, the City Council is granted the authority to im- 'I pose penalties for the vialation of Ordinances which may not exceed a fine of $5,000.00 or im- prisanment for arty term not exceeding one year, or both, where a gross misdemeanor has been committed; WHEREAS, tfie City has adopted by reter- ence various laws regulatirtig conduct which can lead to the impos;hon of fines and impris- onment; and WHEREAS, the City Council is desirous of i, adopting penalties associated with the canvia i *Federal Tax ID No. 91-0420030 tion of a misdemeanor. Now, 7HEREFORE, cne city councii of tt,e AFFIDAVIT OF PUBLICATION City of Spokane Vafley, Washington, do ordain as follows: section 1: General Penalties. unless other- STATE OF WASHINGTON wise specified by City Ordinance, any person who violates the provisions of any City of Spo- COU11ty of SPOI(atl@, SS. kane Valley Ordinance regulating, forbidding or prohibiting conduct shall be purnshed pursuant ~ to tne 9e,erai penalty provision set forth bebw. Name: City of Spokane Valley Acct: C042365 . A. CrimioalPenalty.Unless othervvise provid- ed, the minimum cnminal penalty is classified P,Q.: Ordinanee No. 45 NO. Lines: 110 as a misdemeanor. Any person convicted of a I misdemeanor shall be punished by a fine not to ~ exceed $1,000.00 or by imprisonment not to ex- TOteI COSt: $ 96.4~ LO ~VO: SR5203 ceed ninety (90) days, or both by such fine and 9 ! imprisonment. • B. Civil Penalty. A violation of a Ordinance 1, Jill Leong which is designated acivil offense, shall be deemed a civii infraction pursuant to RCW do solemnly swear that I am the Principal Clerk of the SPOKESMAN- Chapter 7.80. Unless othervvise provided, any such person shall be assessed a monetarY pen- REVIEW, a newsPaPer established and re9ularlY Published, once ~ aity not to exceed a Class I Civil infraction or each da in the En lish lan ua e, in and of eneral circulation in the ! s250.00, whichever is greater. ' y g 9 9 g City of Spokane, Spokane County, Washington; and in the City of Section 2 Separate _Offanse_ Every person , • that said news i violating any of the provisions of a►,,, ordi- Coeur d'Alene, Kootenai Count~/, Idaho, paper has nance of the City iS 9uilry of a separate of• fense for each and every day dunng any por- ~ been so established and regularly published and has had said general tion of which the violation is committed, ca,tin- circulation continuously for more than six (6) months prior to the 23rd ued or permittecS by any such person. day of July, 1941; that said newspaper is printed in an office Section_3. Nuisance_ In addition to the pen- alties set forth above, all remedies available by maintained at its place of publication in the City of Spokane, law for the prevention and abatement of nuisan- WaSFII(1 ton; that said news a er was a roved and desi nated as a ces shafl apply regardless of any other remedy. I g p p Pp g s~~ 4. ~Qpu~f ~f~~Qn syfi- legal newspaper by order of the Superior Court of the State of tem_ Pursuant to RCW 35A.11.020 and RCW Washington for Spokane County on the 23rd day of July, 1941, and 35A.12.140, tr,e Ciry adopts RCW Chapter 7.80, entitied "Civil Intractions" as the proce- that said order has not been revoked and is in full force and effect; dura and system for adjudicating civa inirac- that thg notice attached hereto and which is a part of the proof of tions that occur within the Ciry of Spokane vailev. i publication, was published in said newspaper, one time(s), the seccion s. PrQSecufion. My vialation of ~ publication having been made once each time on the following dates: City Ordinance may be prosecuted by the City Attorney or designee in the name of the City to I include demands for fines and forfeitures Paid ~ March 22, 2003 to the City or may be adjudicated by civil ac- tion, or boih. Section 6. Severability_ If any section, sert- - tence, clause or phrase of this ordinance shall /L be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity Subscribed and sworn to b re me at the C' of Spokane, this 24 or unconstitutionality shall not afiect the validi- ty or constitutionality of any other section, Se,- day of March, 2003 tence, clause or phrase of this ordinance_ , Ssctian 7. Eftective Date. This Ordinance , shall be in full force and eHect five (5) days af- ter puWication of ihe Ordinance Summary, artd ' i ~ ~ ~ N~• on the date of Incorporation. ~SS 10/~j o ary Public in and for the State of Washingto PASSED by the City Council this 6th day of March, zooa. residing in Spokane County, Washington NOTqRV r,,'; /s/ Michael DeVleming May°` pUBLIC ATTEST: cI'~~'••:'~l~ 11 1~"O.• . /sJ Ruth Muller Interim City Clerk SR5203 ~ Wq~~N~ CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 45 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, ADOPTING A GENER.AL PENALTY PROVISION, A CIVIL INFR.ACTION SYSTEM, PROVIDING FOR PROSECUTI4N AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Spokane Valley will incorporate on March, 31, 2003; WHEREAS, pursuant to RCW 35A.11.020, the City Council is granted the authority to impose penalties for the violation of Ordinances which may not exceed a fine of $5,000.00 or imprisonment for any term not exceeding one year, or both, where a gross misdemeanor has been committed; WHEREAS, the City has adopted by reference various laws regulating conduct which can lead to the imposition of fines and imprisonment; and WHEREAS, the City Council is desirous of adopting penalties associated with the conviction of a misdemeanor. NOW, THEREFORE, the Cifiy Council of the City of Spokane Valley, Washington, do ordain as follows: Section 1. General Penalties. Unless otherwise specified by City Ordinance, any person who violates the provisions of any City of Spokane Valley Ordinance regulating, forbidding or prohibiting conduct shall be punished pursuant to the general penalty provision set forth below. A. Criminal Penaltv.. Unless otherwise provided, the minimum criminal penalty is classified as a misdemeanor. Any person convicted of a misdemeanor shall be punished by a fine not to exceed $1,000.00 or by imprisonment not to exceed ninety (90) days, or by both such fine and imprisonment. B. Civil Penaltv. A violation of a Ordinance which is designated a civil offense, shall be deemed a civil infraction pursuant to RCW Chapter 7.80. Unless otherwise provided, any such person shall be assessed a monetary penalty not to exceed a Class I Civil Infraction or $250.00, whichever is greater. Section 2. Separate Offense. Every person violating any of the provisions of any Ordinance of the City is guilty of a separate offense for each and every day during any portion of which the violation is committed, continued or permitted by any such person. Section 3. Nuisance. In addition to the penalties set forth above, a11 remedies available by law for the prevention and abatement of nuisances shall apply regardless of any other remedy. C:IDOCUMENTS AND SETT[NMRMULLERV.OCAL SETTiNGS\TFNIPORARY IN'fERT1ET FII.ES\OLK! 1\GENERAL PENALI'Y( DOC 5ection 4. Adoption ot Civil Infraction Svstem. Pi.u-sua.ilt to RCW 35A.11.020 and RC~\' 35A.12.140, the City adopts RCW Chapter 7.80, entitled "Civil Infractions" as the procedure and system for adjudicating civil infractions that occur within the City of Spokane Valley. Section 5. Prosecution. Any violation of City Ordinance may be prosecuted by the C;it` Attorney or designee in the name of the City to include demands for fines and forfeitures paid to the City or may be adjudicated by civil action, or both. Section 6. Severabilitv. If any section, sentence, clause or phrase of this ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 7. Effective Date. This Ordinance shall be in full force and effect five (5) days after publication of the Ordinance Summary, and on the date of incorporation. PASSED by the City Council this ~?W day of March, 2003. . , Mayor, Michael DeVlemin ATTEST: c - c ~ Loot~) Interim City Clerk, Ruth Muller Approved as to Form: zo At,: Sk2 01 ~ ~ . 4D 9 ,eo' ri City tt e, Stanley Zschwartz Date of Publication: Effective Date: r)(-,,,i' 'r`.'~ N C.- . . I 1 7 C ~ti- 1 1 1, r ~ 1~ !*T -t-. `1' .7! 'I` T. . r.:' •.1 71 r-,; 's'`"