a. Except when penalties are specifically set forth, it is a misdemeanor, punishable by a fine not to exceed one thousand dollars and/or by imprisonment not to exceed ninety days, for any person to commit a violation designated as an infraction under this chapter, if during a period of three hundred sixty-five days the person has previously committed two infractions for violating the same provision under this chapter and if the violation is also committed during such period and is of the same provision as the previous violations.

b. A violation designated in this chapter as a civil infraction shall constitute a misdemeanor until the violation is included in a civil infraction monetary schedule adopted by rule by the state supreme court pursuant to Chapter 7.84 RCW. (Ord. M-3104 §7, 1993)