Ordinance 03-045 Adopts General Penalty Provision, Civil Infraction System, Prosecution CITY OF SPOKANE VALLEY
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 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 City 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 Penalty. 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 Penalty. 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. Se pa rate 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, all remedies available
by law for the prevention and abatement of nuisances shall apply regardless of any other remedy.
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Section 4. Adoption of Civil Infraction System. Pursuant to RCW 35A.11.020 and RCW
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 City
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. Severability. 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 // day of March, 2003.
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Mayor, Michael DeVlemin
ATTEST:
_ _ / `
Interim City Clerk, Ruth Muller
Approved as to Form:
er' City tt ne; Stanley M. Schwartz
Date of Publication: /1Artu-� Z 2l Ze 03
Effective Date: 2.003
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