HomeMy WebLinkAboutCode (Sec1.04.10) Offense Classification
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Sec. 1.04.010. Classification of offenses.
No person shall violate any provision or fail to comply with any requirement or condition of this Code, or of
any permit, license, approval or entitlement granted or issued pursuant to the provisions of this Code. Such
violations are punishable as follows:
(a) Misdemeanor. Any person violating any provision or failing to comply with any requirement or
condition of this Code, or of any permit, license, approval or entitlement granted or issued pursuant to
the provisions of this Code, shall be guilty of a misdemeanor unless such violation or failure to comply
is expressly designated in this Code as an infraction or is expressly subject to a civil administrative
penalty pursuant to subsection (d) of this section. Any person convicted of a misdemeanor under the
provisions of this Code shall be punishable by a fine of not more than $1,000.00 or by imprisonment in
the county jail for a period not exceeding six months, or by both such fine and imprisonment. Each
such person shall be guilty of a separate offense for each and every day during any portion of which
any violation of the same provision of this Code is committed, continued or permitted by such person,
and shall be punished accordingly.
(b) Infraction. Any person violating any provision or failing to comply with any requirement or condition of
this Code, or of any permit, license or entitlement granted or issued pursuant to the provisions of this
Code expressly designated in this Code as an infraction shall be guilty of an infraction. Except as
otherwise provided in this Code, any person convicted of an infraction shall by punishable by a fine of:
(1) $100.00 for the first violation, (2) $200.00 for the second violation of the same provision of this
Code within a 12‐month period, and (3) $500.00 for a third or more violations of the same provision of
this Code within a 12‐month period. Each such person shall be guilty of a separate offense for each and
every day during any portion of which any violation of the same provision of this Code is committed,
continued or permitted by such person, and shall be punished accordingly.
A person charged with an infraction shall not be entitled to have the public defender or other counsel
appointed at public expense to represent him or her unless he or she is arrested and not released on
his or her written promise to appear, on his or her own recognizance, or a deposit of bail.
(c) Reclassification of offenses. A violation of this Code classified as a misdemeanor may be charged as an
infraction when:
(1) The prosecutor files a complaint charging the offense as an infraction; or
(2) The court, on motion of the prosecutor and with the consent of the defendant, determines to
treat a misdemeanor offense as an infraction, in which event the case will proceed as if the
defendant had been arraigned on an infraction complaint.
(d) Code violations subject to civil administrative penalty procedure. The offenses described in the chapters
and sections of this Code set forth below shall be subject to the civil administrative penalty procedure
set forth in sections 1.04.030 through 1.04.190 of this Code:
UBC Section 3152B, Pool enclosure; Required Characteristics.
The provisions of the following Chapters of Title 6 (Animals):
Chapter 6.00 (General Provisions);
Chapter 6.08 (Dogs);
Chapter 6.12 (Cats);
Chapter 6.16 (Licenses for Animals Other than Dogs and Cats);
Chapter 6.20 (Animals Running at Large);
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Chapter 6.24 (Impoundment); and
Chapter 6.28 (Feeding of Certain Rodents and Predator Animals).
8.12.1660, Prohibited storm water and pollution control activities.
10.12.140, Cleaning of sidewalks.
22.34.030(a), Storage in front yard/side yard abutting a street.
22.34.030(b), Vehicle parking.
22.34.030(c), Structure maintenance.
22.34.030(d), Landscape maintenance.
22.34.030(e), Fence and wall maintenance.
22.34.030(f), Temporary erosion control.
22.34.040(a), Storage in yards.
22.34.040(b), Storage in garages and carports.
22.34.040(c), Motor vehicle parking.
22.34.040(d), Structure maintenance.
22.34.040(e), Landscape maintenance.
22.34.040(f), Fence and wall maintenance.
22.34.040(g), Maintenance of parking and similar areas.
22.34.040(h), Temporary erosion control.
22.34.050(a), Storage in yards.
22.34.050(b), Motor vehicle parking.
22.34.050(c), Structure maintenance.
22.34.050(d), Landscape maintenance.
22.34.050(e), Fence and wall maintenance.
22.34.050(f), Temporary erosion control.
22.34.050(g), Maintenance of parking and similar areas.
22.34.060(a), Storage in yards.
22.34.060(b), Motor vehicle parking.
22.34.060(c), Structure maintenance.
22.34.060(d), Landscape maintenance.
22.34.060(e), Fence and wall maintenance.
22.34.060(f), Maintenance of parking and similar areas.
22.34.060(g), Temporary erosion control.
22.36.050(4), Temporary signs limited by size and period of display.
22.36.050(5), Temporary signs placed upon public property.
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22.36.080, Prohibited signs.
Any person who is adjudicated to have violated or failed to comply with the same provision of any of
the sections of this Code set forth above in this paragraph (d) more than three times within a 12‐month
period shall be guilty of a misdemeanor for each violation of the same provision committed thereafter
within that same 12‐month period. Any person who violates or fails to comply with any of the sections
of this Code set forth in this paragraph (d) and who possesses no photo identification or refuses to
identify himself/herself to an enforcement officer, making it impossible to issue an administrative
citation, shall be guilty of a misdemeanor.
(e) Public nuisance. In addition to the penalty provisions set forth in paragraphs (a), (b), (c), and (d) of this
section, any condition, use or activity caused or permitted to exist in violation of the provisions of this
Code or in violation of any permit, license, approval or entitlement shall be deemed a public nuisance
and may be abated by the city by any lawful means, including but not limited to administrative
abatement proceedings, cost recovery proceedings pursuant to section 22.78.070, restraining order or
injunction. Attorney's fees, expert fees, and court costs shall be awarded to the prevailing party in any
action taken by the city to abate a public nuisance pursuant to this section and/or chapter 22.78 of this
Code if, and only if, the city seeks the award of attorney's fees and court costs at the initiation of such
legal action or proceeding. The attorney's fees recoverable pursuant to this section shall be limited to
the reasonable attorney's fees incurred by the city in the legal action or proceeding, regardless of the
actual cost of any party's attorney's fees.
(f) Prohibited acts. Whenever this Code makes any act or omission unlawful, that unlawful act or omission
includes causing, permitting, maintaining, aiding, abetting, suffering or concealing that act or omission.
(Ord. No. 13(1999), § 1, 11‐2‐99; Ord. No. 04(2003), § 1, 11‐4‐03; Ord. No. 08(2012), § 1, 5‐1‐12; Ord. No. 03(2016),
§ 1, 2‐2‐16)