City of Spokane

Spokane Municipal Code

***Note: Many local criminal codes can now be located under Chapter 10.60 SMC while others are now cited under the Revised Code of Washington (RCW), which was incorporated into the municipal code in 2022. (See SMC 10.58.010). Code Enforcement, including Noise Control and Animal Regulations are located in Chapters 10.62 through 10.74.

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Title 01
Chapter 01.05
Section 01.05.110
 

Title 01 General Provisions

Chapter 01.05 Civil Infraction System

Section 01.05.110 Hearing on Mitigating Circumstances
  1. Generally.
    The court shall conduct the hearing concerning mitigating circumstances in accordance with applicable law.
     
  2. Procedure at Hearing.
    The court shall hold an informal hearing which shall not be governed by the rules of evidence. Subject to the other provisions of the court rules, all relevant evidence is admissible which, in the opinion of the judge, is the best evidence reasonably obtainable, having due regard for its necessity, availability and trustworthiness. The plaintiff and the defendant may each be represented by a lawyer. The defendant may present witnesses, but they may not be compelled to attend.
     
  3. Disposition.
    The court shall determine whether the defendant’s explanation of the events justifies reduction of the monetary penalty. The court shall enter an order finding the defendant committed the infraction and may assess a monetary penalty. The court may not impose a penalty in excess of the monetary penalty provided for the infraction by law. The court may waive or suspend a portion of the monetary penalty, or provide for time payments, or in lieu of monetary payment provide for the performance of community service as provided by law. The court has continuing jurisdiction and authority to supervise disposition for not more than one year.

Date Passed: Monday, January 22, 2007

Effective Date: Sunday, March 4, 2007

Recodification ORD C33969 Section 1