Chapter 1.05
Civil Infraction System

Sections:

1.05.010 Preamble.

1.05.020 Administrative Responsibilities.

1.05.030 Preliminary Determination of Violation.

1.05.040 Notice of Violation or Notice of Infraction.

1.05.050 Notice of Infraction.

1.05.060 Person Receiving Notice – Identification and Detention.

1.05.070 Response to Notice of Infraction.

1.05.080 Failure to Respond.

1.05.090 Contested Hearings – Preliminary Proceedings.

1.05.100 Procedure at Contested Hearing.

1.05.110 Hearing on Mitigating Circumstances.

1.05.120 Failure to Appear.

1.05.130 Notice, Failure to Sign – Nonappearance – Failure to Satisfy Penalty.

1.05.140 Certificate of Correction.

1.05.150 Penalty Schedule – Building Construction.

1.05.160 Penalty Schedule – Land Use Violations.

1.05.170 Penalty Schedule – Business Regulations.

1.05.180 Penalty Schedule – Use of Streets.

1.05.190 Penalty Schedule – Utilities.

1.05.200 Penalty Schedule – Taxes.

1.05.210 Penalty Schedule – Personal Conduct.

1.05.220 Remedies Not Exclusive.

1.05.010 Preamble.

A.  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.

B.  The Penal Code, division I of SMC title 10, and the Motor Vehicle Code, SMC title 16, 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.

C.  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. SMC chapter 4.04 contains procedures for the licensure, and the suspension or revocation of licenses, of regulated activities. SMC title 8 contains procedures for the imposition of fees, charges and taxes, for the determination and settlement of disputes, and for the collection of penalties. SMC chapter 11.02 contains administrative procedures involved in applying the code relating to construction, development and use of land. SMC title 12 contains procedures for controlling private use of public property, regulating the obstruction and providing for the maintenance of streets and other rights-of-way. SMC title 13 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 such existing administrative procedures.

D.  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.

[Ord. C31589; Passed: 3/25/1996]

1.05.020 Administrative Responsibilities.

A.  Except as provided in this section, this chapter does not alter the responsibilities vested by this code in the several officers and employees for administration and enforcement of its various provisions.

B.  For purposes of issuing a notice of infraction, the code enforcement officer is:

1.   the mayor or the division director, department director or assistant director, described in SMC chapter 3.01, vested with administrative and enforcement jurisdiction in the particular matter, or

2.   an employee or agent to whom enforcement jurisdiction has been specifically conferred, who carries a special police commission conferring authority to issue a notice of infraction for the kind of violation in question, or

3.   a regularly commissioned law enforcement officer, or

4.   a city prosecutor.

[Ord. C32755; Passed: 12/4/2000]

1.05.030 Preliminary Determination of Violation.

A.  Whenever it appears that a prohibited act may have been done, a required act may have been omitted, a prohibited condition may exist, or otherwise there may have been a violation of this code, the code enforcement officer investigates the matter as warranted to determine whether there is a code violation. If the alleged violation came to the officers attention by way of a written complaint and, after investigation, a code violation is not found, the officer should inform the complainant of the finding.

B.  If the officer finds a violation, the officer will first, as a matter of policy and discretion, attempt to secure voluntary correction by contacting the responsible person(s), explaining the violation and requesting correction before issuing a notice of violation or notice of infraction.

[Ord. C31589; Passed: 3/25/1996]

1.05.040 Notice of Violation or Notice of Infraction.

If, upon completion of the investigation, the code enforcement officer finds a violation, and any attempt to achieve voluntary correction has not succeeded, the officer may issue a:

A.  notice of violation, in such form and upon such procedure as have been established under the pertinent provisions of this code, or

B.  notice of infraction, in such form and upon such procedure as provided in this chapter.

[Ord. C31589; Passed: 3/25/1996]

1.05.050 Notice of Infraction.

A.  Form. The notice of infraction is in the form of the Washington Uniform Court Docket.

B.  Service. The notice of infraction is served either by:

1.   the citing officer serving the notice of infraction on the person named in the notice of infraction at the time of issuance; or

2.   the citing officer or the prosecuting authority filing the notice of infraction with the court, in which case the court has the notice served either personally or by mail, postage prepaid, on the person named in the notice of infraction at his or her address. If a notice of infraction served by mail is returned to the court as undeliverable, the court issues a summons.

C.  Filing. When a notice of infraction has been issued, the notice is filed with the municipal court within forty-eight hours after issuance, excluding Saturdays, Sundays and holidays.

[Ord. C31589; Passed: 3/25/1996]

Cross Reference: IRLJ 2.2.

1.05.060 Person Receiving Notice – Identification and Detention.

A.  A person who is to receive a notice of civil infraction under SMC 1.05.050 is required to identify himself or herself to the enforcement officer by giving his or her name, address and date of birth. Upon the request of the officer, the person shall produce reasonable identification, including a drivers license or identicard.

B.  A person who is unable or unwilling to reasonably identify himself or herself to an enforcement officer may be detained for a period of time not longer than is reasonably necessary to identify the person for purposes of issuing a civil infraction.

[Ord. C31589; Passed: 3/25/1996]

Cross Reference: RCW 7.80.060.

1.05.070 Response to Notice of Infraction.

A.  Generally. A person who has been served with a notice of infraction must respond to the notice within fourteen days of the date the notice is personally served or, if the notice is served by mail, within ten days of the date the notice is mailed.

B.  Alternatives. A person may respond to a notice of infraction by:

1.   paying the amount of the monetary penalty in accordance with applicable law, in which case the court shall enter a judgment that the defendant has committed the infraction;

2.   contesting the determination that an infraction occurred by requesting a hearing in accordance with applicable law; or

3.   requesting a hearing to explain mitigating circumstances surrounding the commission of the offense.

C.  Method of Response. A person may respond to a notice of infraction either personally or by mail. If the response is mailed, it must be mailed not later than midnight of the day the response is due.

[Ord. C31589; Passed: 3/25/1996]

Cross Reference: IRLJ 2.4.

1.05.080 Failure to Respond.

If the defendant fails to respond to a notice of infraction, the court shall enter an order finding that the defendant has committed the infraction and shall assess any monetary penalties provided for by law.

[Ord. C31589; Passed: 3/25/1996]

Cross Reference: IRLJ 2.5.

1.05.090 Contested Hearings – Preliminary Proceedings.

A.  Subpoena. The defendant and the plaintiff may subpoena witnesses necessary for the presentation of their respective cases. The subpoena may be issued by a judge, court commissioner, or clerk of the court or by a party’s lawyer. If a party’s lawyer issues a subpoena, a copy shall be filed with the court. A subpoena may be directed to the sheriff of any county or any peace officer of any municipality in the state in which the witness may be or it may be served as provided in Rule 45(c) of the Superior Court Civil Rules. If the subpoena is for a witness outside the county, the judge must approve of the subpoena.

B.  Witness List. The plaintiffs lawyer, upon request of the defendant fourteen days prior to a contested hearing, shall at least seven days prior to the hearing provide the defendant or defendant’s lawyer with a list of the witnesses the plaintiff intends to call at the hearing.

C.  Amendment of Notice. The court may permit a notice of infraction to be amended at any time before judgment if no additional or different infraction is charged, and if substantial rights of the defendant are not thereby prejudiced. A continuance shall be granted if the defendant satisfies the court that the additional time is needed to defend against the amended notice of infraction.

D.  Sufficiency. No notice of infraction shall be deemed insufficient for failure to contain a definite statement of the essential facts constituting the specific infraction which the defendant is alleged to have committed, nor by reason of defects or imperfections which do not tend to prejudice substantial rights of the defendant.

[Ord. C31589; Passed: 3/25/1996]

Cross Reference: IRLJ 3.1.

1.05.100 Procedure at Contested Hearing.

A.  Generally. The court shall conduct the hearing for contesting the notice of infraction on the record in accordance with applicable law.

B.  Representation by Lawyer. At a contested hearing, the plaintiff shall be represented by a lawyer representative of the prosecuting authority when prescribed by local court rule. The defendant may be represented by a lawyer.

C.  Rule of Evidence. The rules of evidence shall apply to contested hearings.

D.  Factual Determination. The court shall determine whether the plaintiff has proved by a preponderance of the evidence that the defendant committed the infraction. If the court finds that the infraction was committed, it shall enter an appropriate order on its records. If the court finds the infraction was not committed, it shall enter an order dismissing the case.

E.  Disposition. If the court determines that the infraction has been committed, it may assess a monetary penalty against the defendant. The monetary penalty assessed may not exceed 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 penalty 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.

[Ord. C31589; Passed: 3/25/1996]

Cross Reference: IRLJ 3.3.

1.05.110 Hearing on Mitigating Circumstances.

A.  Generally. The court shall conduct the hearing concerning mitigating circumstances in accordance with applicable law.

B.  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.

C.  Disposition. The court shall determine whether the defendants 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.

[Ord. C31589; Passed: 3/25/1996]

Cross Reference: IRLJ 3.4.

1.05.120 Failure to Appear.

A.  Entry of Judgment. If the defendant fails to appear at a requested hearing, the court shall enter judgment against the defendant finding that the defendant has committed the infraction and assessing against the defendant any monetary penalties provided by law.

B.  Setting Aside Judgment upon Failure to Appear. For good cause shown and upon terms the court deems just, the court may set aside a judgment entered upon a failure to appear in accordance with Rule 60(b) of the Civil Rules for Courts of Limited Jurisdiction.

[Ord. C31589; Passed: 3/25/1996]

Cross Reference: IRLJ 3.2.

1.05.130 Notice, Failure to Sign – Nonappearance – Failure to Satisfy Penalty.

A.  A person who fails to sign an acknowledgement of receipt of a notice of infraction is guilty of a misdemeanor.

B.  Any person willfully violating his or her written and signed promise to appear in court or his or her written and signed promise to respond to a notice of civil infraction is guilty of a misdemeanor regardless of the disposition of the notice of civil infraction. A written promise to appear in court or written promise to respond to a notice of civil infraction may be complied with by an appearance by counsel.

C.  A person who willfully fails to pay a monetary penalty or to perform community service as required by a court under this chapter may be found in contempt of court as provided in RCW chapter 7.21.

[Ord. C31589; Passed: 3/25/1996]

Cross Reference: RCW 7.80.160.

1.05.140 Certificate of Correction.

At the request of a person responsible, the code enforcement officer will re-inspect to determine if correction of the violation has been accomplished. If so, the officer will sign and provide to such person responsible a certificate of correction. If at least forty-eight hours prior to the hearing on the infraction, the person responsible presents a certificate of correction to the municipal court, the infraction will be dismissed.

[Ord. C31589; Passed: 3/25/1996]

1.05.150 Penalty Schedule – Building Construction.

A.  For each subsequent violation, excluding continuing violations, by a person the classification of infraction advances by one class.

B.  

Infraction	Violation Class
Work Without Permit
Construction without Building Permit – SMC 11.04.050	2
Installation/Repair of Gas or Oil Fueled HVAC Equipment without Permit – SMC 11.02.0210(C)(2)	1
Relocate Building without Permit – SMC 10.26.010(A)	2
Blasting without Permit – SMC 10.29.010(B)	1
Install Boiler, Pressure Vessel without Installation Permit – SMC 11.03.040	1
Repair, Alter Boiler, Pressure Vessel without Repair Permit – SMC 11.03.100	1
Work without Electrical Permit – SMC 11.05.020	1
Work without Elevator Installation Permit – SMC 11.06.030	1
Install, Alter, Repair Fire Protection/Extinguishing Equipment without Permit – SMC 11.07.052, 11.07.220	1
Failure to Obtain Required Permit – UFC 105.8 (SMC 11.07.054)	2
Lack of Permit Required by UMC 301 – SMC 11.08.030	1
Install, Alter, Replace System Actively Using Solar Energy without Building, Mechanical, or Combination Permit – SMC 11.08.030	3
Plumbing without Permit – SMC 11.09.020	2
Connection to Sewer without Permit – SMC 13.03.0330	1
Working in Disregard of Stop-Work Order – SMC 11.02.0165 or UFC 103.4.3.1	1
Excess Heating Apprentices on Job – SMC 10.29.032	3
Unsupervised Plumbing Apprentice – SMC 10.29.040	2
Improper or Unapproved Electrical Material or Equipment – SMC 11.05.040	1
Unauthorized Repair of Fire-Damaged Wiring – SMC 11.05.070	1
Failure to Take Corrective Action – SMC 11.05.190	2
Failure to Provide Plans/Specifications for Department Review – UFC 1001.3	2
Installation of LPG Equipment without Permit – UFC 8202.1	2
Use of Temporary Wiring in an Unapproved Manner – UFC 8503.3	1
Failure to Provide Fire Safety During Building Construction, Demolition, or Alteration – UFC 8703	3
Failure to Provide Fire Safety During Building Demolition – UFC 8704	3
Violation of Sign Code – 11.17.050 through 11.17.330	2

Schedule.

[Ord. C32238; Passed: 8/10/1998]

1.05.160 Penalty Schedule – Land Use Violations.

A.  For each subsequent violation, excluding continuing violations, by a person the classification of infraction advances by one class.

B.  Schedule

Infraction	Violation Class
Occupy Land or Building without Certificate of Occupancy – SMC 11.02.0210(B)	2
False Alarm – SMC 10.07.010: 3rd and all subsequent violations within a one-year period	3
Boiler Code
Operating Boiler without License – SMC 10.29.020	1
Failure to Report Hazard – SMC 10.29.023	1
Leaving Boiler Room – SMC 10.29.022	2
Failure to Cause Required Inspections of Boiler, Pressure Vessel – SMC 11.03.130	2
Improper Operation of Boiler, Pressure Vessel – SMC 11.03.150	1
Operate without Elevator Operating Permit – SMC 11.06.020	1
Fire Code
Uniform Fire Code
Continuance of Hazard – UFC 103.4.3.2	1
Noncompliance with Condemnation Tag – UFC 103.4.3.2	1
Removal, Destruction of Tag, Sign – UFC 103.4.3.3	1
Application of Flammable Finishes without a Proper Permit – UFC 105.s.1	2
Obstruction of Fire Access Road – UFC 902.2.4.1	2
Failure to Install Alarm System – UFC 1001.4	1
Failure to Maintain a Sprinkler System – UFC 1001.5.1	2
Failure to Maintain a Standpipe System – UFC 1001.5.1	2
Failure to Maintain an Automatic Extinguishing System – UFC 1001.5.1	2
Failure to Install Sprinkler System – UFC 1003.2.1	2
Failure to Provide Approved Electronic Monitoring for Sprinkler and Fire Alarm Systems – UFC 1003.1.1, 1003.3.1.2	2
Improper Storage/Accumulation of Rubbish, Vegetation – UFC 1103.2.1.2, 1103.2.4	2
Storage, Use, Handling of Misc. Combustible Material – UFC 1103.3	2
Failure to Flameproof Decorative Material – UFC 1103.3.3	2
Failure to Install Standpipe System – UFC 1004.1.1	2
Failure to Install Protection for Kitchen Hoods, Ducts – UFC 1006.2.1	2
Failure to Maintain a Kitchen Rangehood Extinguishing System – UFC 1006.2.8	2
Failure to Clean Kitchen Hoods, Ducts – UFC 1006.2.8	2
Failure to Properly Maintain Vacant Building, Property – UFC 1110.1	2
Failure to Maintain Fire-Resistive Construction – UFC 1111.1	2
Failure to Maintain Fire Assemblies for Openings – UFC 1111.2.1	2
Obstruction of Exit – UFC 1203	1
Failure to Provide Exit Signs – UFC 1211.1	1
Improper Use of Candles, Open Flame – UFC 2501.17	3
Unauthorized Use, Handling, Transportation of Explosives – UFC 7701.3.1	1
Unauthorized Storage of Explosives – UFC 7702.1	2
Failure to Remove Abandoned Underground Storage Tank – UFC 7902.1.7.2.3	1
Release of Hazardous Material – UFC 8001.5.1	1
Improper Storage, Display of Aerosols – UFC 8802.1.1	2
Improper Aboveground Storage Tank for Motor Fuel Dispensing – UFC App. II-F	1
Spokane Municipal Code
Failure to Provide Semi-Annual Inspection of Private Hydrant – SMC 11.07.540	2
Failure to Maintain Private Hydrant – SMC 11.07.560	2
Lack of Basement Sprinkler System in Existing Building – SMC 11.07.600	2
Use of Underground Storage Tank without Permit – SMC 11.10A.240	1
Failure to Maintain Fire Alarm System – SMC 11.07.350	1
Failure to Provide Fire Protection System Verification Fees – SMC 11.07.355(B)	2
Failure to Secure Fire-Damaged Building – SMC 11.07.365	2
Aquifer Pollution Nuisance Declared by Critical Review Officer – SMC 11.10A.060	2
Supply False, Inaccurate, Incomplete Information Concerning a UST – SMC 11.10A.130(A), 11.10A.360(A), (E)(2)	2
Failure to Comply with Order, Decision of Critical Review Officer – SMC 11.10A.130(B), 11.10A.360(F)	1
Failure to Abide by Terms, Conditions of Permit, License, Approval – SMC 11.10A.130(C)	1
Maintain Underground Storage Tank without Permit and Approval Tag – SMC 11.10A.220(A)	2
Approval Tag Violation – SMC 11.10A.360(B)	2
Fill Untagged Underground Storage Tank – SMC 11.10A.360(C)	2
Tamper With, Fail to Maintain Inventory, Other Records – SMC 11.10A.360(D)	2
Testing Underground Storage Tank without Permit – SMC 11.02.0210(C)(2)	1
Failure to Discharge Responsibilities of Owner – SMC 11.11.390	2
Failure to Discharge Responsibilities of Occupant – SMC 11.11.400	2
Barbed Wire Fence – SMC 11.12.020	2
Electric Fence – SMC 11.12.030	2
Unfenced Swimming Pool – SMC 11.12.040	2
Fence, Hedge, Other Improvement Obstructing View at Corner – SMC 11.12.050	1
Use, Alter Land, Erect, Alter, Occupy Structure within Shoreline without Compliance with Shoreline Management Regulations – SMC 11.15.030	3
Use of Land, Building Not in Compliance with Zoning – SMC 11.19.020	3
Sign in Violation of Zoning – SMC 11.17.335 – 11.17.426	2
Sign in Violation of Shoreline Regulations – SMC 11.17.450 – 11.17.480	1
Sign in Violation of Interim Sign Regulations – SMC 11.17.600 – 11.17.690	1
Illegal Off-Premise Sign – SMC 11.17.310(D)	1
Use of Land/Buildings Not in Compliance with Performance Standards or Plans – SMC 11.19.245, 11.19.290	2
Violation of Dimensional Requirement – SMC 11.19.450 – 11.17.590	2
Fail to Make Required Improvements – SMC 11.19.600 – 11.19.710	2
Commercial Use of Residential Street – SMC 11.19.440	3
Harboring Excessive, Prohibited Animals – SMC 11.19.081, 11.19.227	3
Prohibited Activities in Wetland – SMC 11.19.3081	3
Temporary Permit Denied, Expired, Revoked – SMC 11.19.315	2
Sidewalk Not Clear of Snow, Ice – SMC 12.02.010	3
Failure to Maintain Pedestrian Strip – SMC 12.01.0804	2
Tree, etc. Interfering with City Sewer – SMC 13.05.010	2
Poplar, Cottonwood Tree Near Utility Line – SMC 13.05.020	2

.

[Ord. C32238; Passed: 8/10/1998]

1.05.170 Penalty Schedule – Business Regulations.

A.  For each subsequent violation, excluding continuing violations, by a person the classification of infraction advances by one class.

B.  Schedule.

Violation	Infraction Class
Engaging in Licensed Activity without License – SMC 4.04.020	2
Operating Aircraft Refueler Unit Without a Permit – SMC 11.02.0210(C)	2
Sewer Installation – SMC 11.02.0210(C)(3)	1
Conducting an Improper Blasting Operation – SMC 10.29.010(A)	1
Use, Handling of Blasting Agents, Explosives without a Proper Permit – UFC 7701.3.1, SMC 10.29.010(D)	1
Heating Mechanic – SMC 10.29.030	1
Providing Fire Equipment Service without SFD Registration – SMC 10.29.060(A)	1
Detective Agency, Security Guard – SMC 10.30.070	3
Own, Operate For-Hire Vehicle – SMC 10.34.020	2
Solid Waste Collection or Disposal – SMC 10.35.020	2
Engaging in Business without Business or Peddlers License – SMC 8.01.070, 10.40.020	3
Special Police Officer – SMC 10.41A.040	2
Deal in Used Goods – SMC 10.45.040	2
Install, Repair Weighing/Measuring Equipment – SMC 10.46.550	2
No Amusement Device Operators or Owners License – SMC 8.12.020	3
No Amusement Device License – SMC 8.12.020	3
Failure to Display License or Insigne – SMC 4.04.060	3
No Current List of Amusement Device Locations – SMC 8.12.060	3
Alarm System Verification Process – SMC 10.07.016	2
Working as Private Detective, Security Guard – SMC 10.30.070	3
Fireworks
Manufacture, Import, Possess, Sell Fireworks without a Permit – SMC 10.33A.020(A)	up to $1,000
Conducting Public Display without a Permit – SMC 10.33A.020(B)	up to $1,000
Transport – SMC 10.33A.020(C)	up to $1,000
Maintain Place Where Fireworks are Manufactured, Constructed, Produced, Packaged, Stored, Sold, Exchanged, Discharged, Used without a Permit – SMC 10.33A.020	up to $1,000
Employ Uncommissioned Special Police Officer – SMC 10.41A.040	3
Violation of Code by Special Police Officer – SMC 10.41A.090	1
Weights and Measures
Method of Sale, In General – SMC 10.46.160	3
Method of Sale, Meat – SMC 10.46.170	1
Method of Sale, Bread – SMC 10.46.180	3
Method of Sale, Flour, Meal, Grits – SMC 10.46.190	3
Method of Sale, Fluid Dairy Products – SMC 10.46.200	3
Method of Sale, Butter, Margarine – SMC 10.46.210	3
Method of Sale, Berries, Small Fruit – SMC 10.46.220	2
Method of Sale, Wood Fuel – SMC 10.46.250	1
Delivery Ticket for Bulk Deliveries Sold by Weight – SMC 10.46.230	1
Delivery Ticket for Heating Oil – SMC 10.46.240	1
Wood Fuel Not Seasoned and Dry – SMC 10.46.250(E)	2
Receipt of Wood Fuel – SMC 10.46.250(F)	1
Weight of Ice Cream – SMC 10.46.260	2
Thawed Frozen Products – SMC 10.46.280(A)	2
Label on Frozen Products – SMC 10.46.280(B)	2
Labeling, Form of Identity Declaration – SMC 10.46.290	2
Labeling, Quantity Declaration – SMC 10.46.300, 10.46.310, 10.46.320	1
Labeling, Quantity Declaration, Units of Weight and Measure – SMC 10.46.330, 10.46.340, 10.46.350, 10.46.370, 10.46.380	2
Labeling, Price Advertising – SMC 10.46.390	1
Labeling, Declaration of Unit Price – SMC 10.46.400	2
Labeling, Declaration of Origin – SMC 10.46.410	2
Labeling, Form of Required Declarations – SMC 10.46.420, 10.46.430, 10.46.440, 10.46.450, 10.46.460, 10.46.470, 10.46.480, 10.46.490, 10.46.5001, 10.46.5002, 10.46.5003, 10.46.5004, 10.46.5005, 10.46.5006, 10.46.5007, 10.46.5008, 10.46.5009, 10.46.5010, 10.46.5011, 10.46.5012, 10.46.5013, 10.46.5014, 10.46.5015	1
Labeling, Phosphorus Products – SMC 10.46.5015	3
Variations in Quantity – SMC 10.46.360	3
Use of Large Commercial Scale without Inspection – SMC 10.46.510(B)	2
Use of New Device Before Inspection and Approval – SMC 10.46.510(C)	1
Use of Device with Broken Seal – SMC 10.46.510(C)	1
Remove, Tamper with Seal, Mark, Other Certification – SMC 10.46.570(D)	1
Improper Disposal of Weight, Measure, Other Device – SMC 10.46.570(E)	2
Improper Disposal of Package, Other Commodity Ordered Removed – SMC 10.46.570(G)	1
Sell, Offer for Sale Package, Other Commodity Ordered Removed – SMC 10.46.570(F)	1
Take More, Give Less Than Represented – SMC 10.46.570(H)	1
Distribute, Sell, Offer for Sale Commodity Which Does not Comply/is Otherwise Deceptive – SMC 10.46.570(I)	3
Distribute, Sell, Offer for Sale Commodity by a Method Which Does Not Comply or is Otherwise Deceptive – SMC 10.46.570(I)	1
Fail to Obey Lawful Order of Sealer – SMC 10.46.570(L)	1
Fire Code
Sale of Defective Fire Extinguisher – UFC 1002.3	2
Conducting Spray Finishing Operations without a Permit – UFC 105.s.1	2
Unauthorized Release, Discharge of Flammable, Combustible Liquids, Petroleum Waste Products – UFC 7901.7.1	1
Operating a Tank Vehicle without Permit – SMC 11.07.450	1
Operating an LPG Tank Vehicle without Permit – SMC 11.07.470	1
Conducting Regulated Fire Code UFC § 4.108 Activities, Operations, Functions without Permit – SMC 11.07.054	2
Repair, Maintenance of Fire Protection, Detection Equipment without License – SMC 11.07.360(1), (2), (3), (4), (5)	2
Fail to Comply with Notice & Order under Commute Trip Reduction Program – SMC 15.01.500	2
Fail to Comply with Requirement of Posting Restaurants Smoking Designation – SMC 15.03.030	2

[Ord. C33038 § 8; Passed: 7/1/2002]

Cross Reference: RCW 70.77.250.

1.05.180 Penalty Schedule – Use of Streets.

A.  For each subsequent violation, excluding continuing violations, by a person the classification of infraction advances by one class.

B.  Schedule.

Infraction	Violation Class
Occupy Right-of-Way without Approval – SMC 11.02.0210(A)	3
Obstructing a Street without Permit – SMC 10.26.010(C)	3
Moving Building without Permit – SMC 10.26.010(C)	2
Operate Cable Television System without Franchise – SMC 10.27.100	3
Operate Sidewalk Cafe without Permit – SMC 10.28.010	3
Transmission of Gas Fuel Products without Franchise – SMC 10.36.010	2
Installation of Telephone, Communications Lines, Equipment in Public Right-of-Way without Permit – SMC 10.43.010	2
Mechanical Newspaper Dispenser without Permit – SMC 10.38.010	3
Parade/Other Special Event without Permit – SMC 10.39.020	2
Obstructing Public Way – SMC 12.02.0706	3

[Ord. C31589; Passed: 3/25/1996]

1.05.190 Penalty Schedule – Utilities.

A.  For each subsequent violation, excluding continuing violations, by a person the classification of infraction advances by one class.

B.  Schedule.

Infraction	Violation Class
Fail to Disclose Utility Account – SMC 4.02.160	3
Sewer Code
Wastewater Discharge Not into Sewer System – SMC 13.03.0302	1
No Proper Connection to Public Sewer – SMC 13.03.0306	2
Failure to Furnish Adequate Disposal Means for Multiple-Dwelling Unit – SMC 13.03.0310	2
Failure to Correct Inoperative System – SMC 13.03.0312	2
Unauthorized Disposal of Sewage – SMC 13.03.0318	1
Improper Use of Sewer – SMC 13.03.0320, 13.03.0322, 13.03.0324	1
Obstructing Sewer – SMC 13.03.0326
Break, Destroy, Tamper with Structure, Appurtenance, Equipment – SMC 13.03.0328	1
Solid Waste Code
Violate Order of Director – SMC 13.02.0206	1
Overweight, Overfull Container – SMC 13.02.0328	2
Water Code
Open, Close, Connect to Fire Hydrant, Stop Valve, Stopcock – SMC 13.04.130	1
Turn on Water – SMC 13.04.1506	3
Tamper With, Repair, Replace Meter, Valve, Other Device – SMC 13.04.0604, 13.04.1908	1

[Ord. C31589; Passed: 3/25/1996]

1.05.200 Penalty Schedule – Taxes.

A.  For each subsequent violation, excluding continuing violations, by a person the classification of infraction advances by one class.

B.  Schedule.

Infraction	Violation Class
Admissions Tax
Improper Form of Ticket – SMC 8.03.040	3
Books and Records Not Available for Inspection – SMC 8.03.070	3
Fail to Remit Tax – SMC 8.03.130	2
Utility, Franchise Tax
Fail to Keep, Produce Books, Records – SMC 8.10.100	3
Fail to File Return, Pay Tax – SMC 8.10.140	3
Fail to Remit Fundraising Tax – SMC 8.13.010	2

[Ord. C31589; Passed: 3/25/1996]

1.05.210 Penalty Schedule – Personal Conduct.

A.  For each subsequent violation, excluding continuing violations, by a person the classification of infraction advances by one class.

B.  Schedule.

Violation	Infraction Class
Ex Parte Contact with Adjudicative Officer – SMC 11.02.0120	2
Attempt to Influence or Interfere with Adjudicative Officer – SMC 11.02.0130	1
Littering, Unlawful Disposal of Rubbish – SMC 10.08.010	1
Deposit of Tobacco Product Capable of Being Lit – SMC 10.08.010	$500
Purchase, Possession of Tobacco by Minor – SMC 10.08.055	3
Liquor Purchase by Apparently Intoxicated Person – SMC 10.08.246	$500
Harbor Dog or Cat without License – SMC 10.24.010	3
Permit Animal to Run at Large – SMC 10.24.020	3
Rabies – SMC 10.24.040	3
Property Damage by Animal – SMC 10.24.060	3
Allow Animal in Riverfront Park or Special Permitted Event Area when Banned – SMC 10.03.110	3
Sell, Use, Discharge Fireworks – SMC 10.33A.055	3
Open Burning – UFC 11.203	1
Disposal of Liquid Waste in Unapproved Place or Manner – SMC 11.09.070	1
Offending Peace and Order in Public Park – SMC 10.10.040, 12.06.050, 060, 070, 080	1
Not Having or Displaying Concealed Pistol License – SMC 10.11.042	1
Selling or Giving Drug Paraphernalia – SMC 10.15.115	1
Act of Discrimination – SMC 1.06.040	1
Barking Dog – SMC 10.03.060	1
Offenses Relating to Safety and Sanitation – SMC 10.03.100	4
Failure to Respond – Chronic Nuisance – SMC 10.08A.040(D)	1
Destroy, Injure Street Tree or Other Violations – SMC 12.02.914	1
Failure to Wear Approved Helmet – Helmet Safety – SMC 10.17.030	4
Failure to Require Wearing of Approved Helmets at Special Events – Helmet Safety – SMC 10.17.040	4
Failure to Rent, Lease or Loan Approved Helmet – Helmet Safety – SMC 10.17.050	4
Failure to Sell or Offer to Sell Approved Helmet – Helmet Safety – SMC 10.17.060	4

[Ord. passed: 6/28/2004]

1.05.220 Remedies Not Exclusive.

The levy of a civil penalty is not exclusive and does not preclude other remedies for code violations such as revocation of license or permit, collection of penalties and interest, suspension of municipal service and abatement of nuisance. The failure of a person to comply with an order issued on account of a violation that has been the subject of a civil infraction is a misdemeanor.

[Ord. C31589; Passed: 3/25/1996]