Ordinance 11-022 Maximum Penalty Gross Misdemeanor CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 11-022
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON,AMENDING SECTION 8.05.050A OF THE SPOKANE VALLEY MUNICIPAL
CODE RELATING TO THE MAXIMUM TERM A PERSON MAY SERVE AS PUNISHMENT
BY IMPRISONMENT FOR A GROSS MISDEMEANOR; AND OTHER MATTERS RELATING
THERETO.
WHEREAS, the City of Spokane Valley previously adopted Spokane Valley Municipal Code section
8.05.050A, which sets forth the maximum punishment for a person convicted of a gross misdemeanor;
and
WHEREAS,RCW 9.92.020 governs punishment for a gross misdemeanor at the state level; and
WHEREAS,RCW 9.92.020 was amended in 2011 to state that the maximum term a person may serve as
punishment by imprisonment in jail for a gross misdemeanor is up to 364 days; and
WHEREAS, Spokane Valley Municipal Code section 8.05.050A states that the maximum term a person
may serve as punishment by imprisonment in jail for a gross misdemeanor is not more than one year or by
a fine in an amount not more than $5,000, or by both such imprisonment and fine; and
WHEREAS, RCW 9.92.020 and Spokane Valley Municipal Code section 8.05.050A currently conflict;
and
WHEREAS,the existing provision should be amended to ensure compliance with State law.
NOW,THEREFORE,the City Council of the City of Spokane Valley, Washington ordains as follows:
Section 1. Amending Spokane Valley Municipal Code 8.05.050A Regarding Maximum Penalty
Upon Conviction For Gross Misdemeanor. Spokane Valley Municipal Code section 8.05.050A is hereby
amended as follows:
A.Unless specifically provided otherwise, every person convicted of a gross misdemeanor, or a
crime not otherwise classified, shall be punished by imprisonment in jail for a maximum term of up
to 364 days, or by a fine in an amount of not more than $5,000, or by both such imprisonment and
fine.
Section 2. Severability. If any section, sentence, clause or phrase of this Ordinance should 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 3. Effective Date. This Ordinance shall be in full force and effect five (5) days after
publication of the Ordinance Summary.
i
Passed this 13th day of December, 2011.
i
e liteMayor,Thomas E. Towey
� 1°
City Clerk, Christine Bainbrl•ge
Approved As To Form: Date of Publication: 12-16-2011
Effective date: 12-21-2011
Office 4f the City ttorney
Ordinance 11-022 Amending 8.05.050A Maximum Penalty,Gross Misdemeanor Page 1 of 1