Spokane Municipal Code

Title 01 General Provisions

Chapter 01.05 Civil Infraction System

Section 01.05.010 Preamble

1. The State of Washington came to recognize by 1987 that traditional criminal prosecution is inappropriate and ineffective in dealing with various offenses and has authorized and, in some cases, directed cities and towns to impose civil fines to dispose of minor offenses.
    
2. The penal code, Division I of Title 10 SMC, and the motor vehicle code, Title 16A SMC, have counterparts in state law and must be treated as criminal offenses or civil infractions according to state law. Most of the remainder of the Spokane Municipal Code can be enforced by criminal, civil, or administrative proceedings, or a combination thereof, as the city council sees fit.
    
3. Either as a matter of constitutional due process of law or as a matter of policy, some opportunity to be heard ought to precede or accompany the imposition of a penalty by public officers. Chapter 4.04 SMC contains procedures for the licensure, and the suspension or revocation of licenses, of regulated activities. Title 8 SMC contains procedures for the imposition of fees, charges, and taxes for the determination and settlement of disputes and for the collection of penalties. Chapter 17G.010 SMC and chapter 17G.060 SMC contain administrative procedures involved in applying the code relating to construction, development, and use of land. Title 12 SMC contains procedures for controlling private use of public property, regulating the obstruction and providing for the maintenance of streets and other rights-of-way. Title 13 SMC provides administrative procedures for control of the public utilities so as to protect public health and preserve the fiscal integrity of the utility systems. It is not the purpose of this chapter to replace or supplant existing administrative procedures. Rather, this chapter provides an alternative process for the determination of municipal ordinance violations and provides, in lieu of prosecution for a misdemeanor, a method to enforce the determinations made through the existing administrative procedures.
    
4. The City of Spokane finds that many of the violations which have led to prosecutions involve some use of property which jeopardizes public health or safety, restricts the free flow of commerce, diminishes the value of other property, or is otherwise a public nuisance. In such cases the object of the code enforcement activities is to bring the violation into compliance. Insofar as criminal prosecution is not always effective to achieve correction of the unlawful condition, this chapter is enacted to provide a simpler, speedier and less expensive way to enforce the ordinances of the City of Spokane.

Date Passed: Monday, November 10, 2008

Effective Date: Thursday, January 1, 2009

ORD C34333 Section 10