Spokane Municipal Code

Title 01 General Provisions

Chapter 01.02 General Provisions

Section 01.02.950 General Penalty

1. Under the constitution and laws of Washington, the charter, and general ordinances, the City has and hereby asserts the right to enforce the provisions of this code by all appropriate means, including actions and suits in the superior court and municipal court, and administrative proceedings for revocation of license or permit, for collection of penalty or recovery of costs of enforcement, for summary abatement of nuisance, and otherwise.

2. Each of the following persons is liable for any penalty provided herein:

1. A person doing an act which this code provides a person may not do.

2. A person omitting to do an act which this code provides a person is required to do.

3. A person committing an act or omission which this code provides to be unlawful; or

4. A person otherwise violating this code.

The principles of liability set forth in SMC 10.01.050, SMC 10.01.070, and SMC 10.01.080 for persons legally responsible for the conduct of another, for owners of property in the custody of others and for principals and agents apply equally in cases of civil and criminal liability.

3. The maximum civil penalties and default amounts, not including statutory assessments, for a violation of this code, unless otherwise provided by state law, are:

1. Class 1 civil infraction: Two hundred sixty- one dollars.

2. Class 2 civil infraction: One hundred thirty-one dollars.

3. Class 3 civil infraction: Fifty-six dollars.

4. Class 4 civil infraction: Thirty-one dollars.

4. Whenever a monetary penalty is imposed by a court under chapter 1.05 SMC, it is immediately payable. If the person is unable to pay at that 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 prosecuting authority of the failure to pay.

5. The court may also order a person found to have committed a civil infraction to make restitution.

6. The maximum criminal penalty for a violation of this code is a fine not to exceed five thousand dollars, imprisonment of not more than three hundred sixty-four days, or both fine and imprisonment.

7. The penalties for violations of Title 16A SMC, both infractions and criminal offenses, are as fixed by statute, court rule, or chapter 8.02 SMC.

8. The penalties for violations of the City penal code, Title 10 SMC, Division I, chapter 10.01 SMC through chapter 10.20 SMC, are as set forth in each section, or as provided in the statutory counterpart, or as otherwise provided.

9. Unless otherwise provided, a violation of this code, except for a failure to pay a bill or other charge, is a misdemeanor.

Date Passed: Monday, August 10, 2015

Effective Date: Wednesday, September 23, 2015

ORD C35287 Section 1

Section 01.02.950 General Penalty

1. Under the constitution and laws of Washington, the charter, and general ordinances, the City has and hereby asserts the right to enforce the provisions of this code by all appropriate means, including actions and suits in the superior court and municipal court, and administrative proceedings for revocation of license or permit, for collection of penalty or recovery of costs of enforcement, for summary abatement of nuisance, and otherwise.

2. Each of the following persons is liable for any penalty provided herein:

1. A person doing an act which this code provides a person may not do.

2. A person omitting to do an act which this code provides a person is required to do.

3. A person committing an act or omission which this code provides to be unlawful; or

4. A person otherwise violating this code.

The principles of liability set forth in SMC 10.01.050, SMC 10.01.070, and SMC 10.01.080 for persons legally responsible for the conduct of another, for owners of property in the custody of others and for principals and agents apply equally in cases of civil and criminal liability.

3. The maximum civil penalties and default amounts, not including statutory assessments, for a violation of this code, unless otherwise provided by state law, are:

1. Class 1 civil infraction: Two hundred sixty- one dollars.

2. Class 2 civil infraction: One hundred thirty-one dollars.

3. Class 3 civil infraction: Fifty-six dollars.

4. Class 4 civil infraction: Thirty-one dollars.

4. Whenever a monetary penalty is imposed by a court under chapter 1.05 SMC, it is immediately payable. If the person is unable to pay at that 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 prosecuting authority of the failure to pay.

5. The court may also order a person found to have committed a civil infraction to make restitution.

6. The maximum criminal penalty for a violation of this code is a fine not to exceed five thousand dollars, imprisonment of not more than three hundred sixty-four days, or both fine and imprisonment.

7. The penalties for violations of Title 16A SMC, both infractions and criminal offenses, are as fixed by statute, court rule, or chapter 8.02 SMC.

8. The penalties for violations of the City penal code, Title 10 SMC, Division I, chapter 10.01 SMC through chapter 10.20 SMC, are as set forth in each section, or as provided in the statutory counterpart, or as otherwise provided.

9. Unless otherwise provided, a violation of this code, except for a failure to pay a bill or other charge, is a misdemeanor.

Date Passed: Monday, August 10, 2015

Effective Date: Wednesday, September 23, 2015

ORD C35287 Section 1