6.04.170 Violations.
A. Violation-Penalty-Subsequent Violations. Except as provided in KFMC 6.04.050 D (1), 6.04.050 D (2), 6.04.050 E, 6.04.050 F, 6.04.090, 6.04.100, 6.04.120, 6.04.130 and 6.04.140, any person who violates any provision of this chapter shall incur a civil penalty and if this civil penalty is not paid, shall also incur an additional civil penalty for failure to pay. The penalty for the first violation shall be $125.00. $50.00 dollars of this $125.00 may be reduced, deferred or suspended but $75.00 dollars of this $125.00 may not be reduced, deferred or suspended. The penalty for the second violation of this section shall be $175.00. $50.00 of this $175.00 may be reduced, deferred or suspended but $125.00 of this $175.00 may not be reduced, deferred or suspended. The penalty for the third violation of this section shall be $300.00. $50.00 of this $300.00 may be reduced, deferred or suspended but $250.00 of this $300.00 may not be reduced, deferred or suspended. The fourth and any further violations shall be $300.00, $50.00 of this $300.00 may be reduced, deferred or suspended. For each violation of a continuing nature, each day shall constitute a separate offense. A notice of infraction may be issued by the Chief of Police or his appointed officers or by a specially commissioned police officer. In the case of violations of KFMC 6.04.050 D (1), 6.04.050 D (2), 6.04.050 E, 6.04.050 F, 6.04.090, 6.04.100, 6.04.120, 6.04.130, and 6.04.140, the violations shall be prosecuted in accordance, with applicable criminal court rules, and the City may also proceed with KFMC 6.04.170 B to abate any such violation or violation constituting a nuisance. For each civil infraction under this section the court shall also impose an additional penalty of $200.00 for the failure to pay any civil infraction within sixty (60) days of the courts order. The order of the court shall state: “In addition to the civil infraction penalty imposed above, if the fine is not paid within sixty (60) days of the entry of this courts order, there shall be an additional $200.00 penalty added for the failure to timely pay this penalty.” No portion of this $200.00 failure to timely pay penalty may be reduced, deferred or suspended. (Ord. 1554 §1, 1998; Ord. 1573 §4, 1998; Ord. 1594, 1999)
B. Violation-Nuisance Abatement-By City When-Hearing-Costs.
1. Any person violating any of the provisions of this chapter in the keeping or maintenance of any nuisance as defined in this Chapter may, in addition to the penalty provided for in KFMC 6.04.170 A, be ordered by the court in such action to forthwith abate and remove such nuisance. If the same is not done by the owner or keeper within a reasonable amount of time as determined by the court, the same shall be abated and removed under the direction of any officer authorized by the order of the court. Such abatement order may include, but is not limited to, ordering the animal taken and euthanized.
2. If a person who has been issued a notice of infraction or criminal citation elects not to request a hearing, the City may request a hearing for the purpose of determining whether an order of abatement should issue.
3. When such nuisance has been abated by any officer or authorized agent of the City, the costs and expenses shall be taxed as part of the costs of the action against the party. In all cases where an officer is authorized by the court to abate any such nuisance, he/she shall keep an account of all expenses attending such abatement. In addition to other powers herein given to collect such costs and expenses, the City may bring suit for the same in any court of competent jurisdiction against the person keeping or maintaining the nuisance so abated.
C. Notice of Infraction – Contents.
1. A notice of infraction represents a determination that violation has been committed. The determination will be final unless contested as provided in this Chapter.
2. A Washington Uniform Court Docket Citation may be used as the form for the notice in infraction, and shall include the following:
a. A statement that the notice represents a determination that an infraction has been committed by the person named in the notice and that the determination shall be final unless contested as provided in this Chapter;
b. A statement that an infraction is a noncriminal offense for which imprisonment may not be imposed as a sanction;
c. A statement of the specific infraction for which the notice was issued;
d. A statement of the monetary penalty established for the infraction;
e. A statement of the options provided in this Chapter for responding to the notice and the procedures necessary to exercise these options;
f. A statement that, at any hearing to contest the determination, the City has the burden of proving by a preponderance of the evidence that an infraction was committed, and that the person may subpoena witnesses, including the officer who issued the notice of infractions;
g. A statement that at any hearing requested for the purpose of examining mitigating circumstances surrounding the commission of the infraction the person will be deemed to have committed the infraction and may not subpoena witnesses;
h. A statement, which the person shall sign, that the person promises to respond to the notice of infraction in one of the ways provided in this Chapter;
i. A statement that failure to respond to a notice of infraction as promised is a misdemeanor and may be punished by a fine or imprisonment in jail.
D. Notice of Infraction-Response Required-Contested Determination-Hearinq.
1. Any person who receives a notice of infraction under this Chapter shall respond to such notice as provided in this Section within seven (7) calendar days of the date of the notice.
2. If the person determined to have committed the infraction does not contest the determination, the person shall respond by completing the appropriate portion of the notice of infraction and submitting it, either by mail or in person, to the court specified on the notice. Payment in the amount of the penalty prescribed for the infraction must be submitted with the response. When a response which does not contest the determination is received, an appropriate order shall be entered in the court’s records.
3. If the person determined to have committed the infraction wishes to contest the determination, the person shall respond by completing the portion of the notice of infraction requesting the hearing and submitting it either by mail or in person to the court specified on the notice. The court shall notify the person in writing of the time, place and date of the hearing, and that date shall not be sooner than seven (7) days from the date of the notice, except by agreement.
4. If the person determined to have committed the infraction does not contest the determination but wishes to explain mitigating circumstances surrounding the infraction, the person shall respond by completing the portion of the notice of infraction requesting a hearing for that purpose and submitting it, either by mail or in person, to the court specified on the notice. The court shall notify the person in writing of the time, place and date of the hearing.
5. If any person issued a notice of infraction fails to respond to the notice of infraction as provided in subsection (2) of this subsection, or fails to appear at a hearing requested pursuant to subsection (3) or (4) of this subsection, the court shall enter an appropriate order assessing the monetary penalty prescribed for the infraction and any other penalty authorized by this Chapter.
E. Hearing to Contest Determination of Infraction-Procedure.
1. A hearing held for the purpose of contesting the determination that an infraction has been committed shall be without jury.
2. Any person subject to proceedings under this Chapter may be represented by counsel.
3. The attorney representing the City may appear in any proceeding under this Chapter but need not appear, notwithstanding any rule of court to the contrary.
4. The officer who issued the notice must appear at such hearing, and may subpoena witnesses. The person named in the notice may subpoena witnesses, including the officer, and also has the right to present evidence and examine witnesses present in court.
5. The burden of proof is upon the City to establish a commission of the infraction by preponderance of the evidence.
6. After consideration of the evidence and argument, the court shall determine whether the infraction was committed. Where it has not been established that the infraction was committed, an order dismissing the notice shall be entered in the court’s records. Where it has been established that the infraction was committed, an appropriate order shall be entered in the court’s records.
7. An appeal from the court’s determination or order shall be to the Stevens County Superior Court. Such appeal shall be taken in accordance with the Rules for Appeal of Decisions of Courts of Limited Jurisdiction. The decision of the Stevens County Superior Court is subject only to discretionary review pursuant to the Rules of Appellate Procedure.
F. Payment of Penalty. Whenever a monetary penalty is imposed by a court under this Chapter, it is due immediately and to be made payable to the clerk of court. If a person is unable to pay at that time, the court may, in its discretion, grant an extension of the period in which the penalty may be paid. All penalties collected by the court shall be remitted to the City Clerk/Treasurer.