9.05.090 Penalties – Traffic infractions – Civil penalties – Misdemeanor.
Penalties for violations of the provisions of this chapter are as follows:
A. Infractions. Violations of any provisions of this chapter, or of the height, weight, width, and/or length limits as established under chapter 9.02 VMC (Model Traffic Ordinance), or of failure to obtain a permit as required by this chapter, or failure to comply with the requirements and conditions of a permit issued under this chapter shall be a traffic infraction. Notwithstanding the provisions of RCW 46.44.105, the basic penalty assessed upon an infraction finding shall be as follows:
1. First finding – basic penalty of not less than $75.00;
2. Second finding – basic penalty of not less than $125.00
3. Third or subsequent finding – basic penalty of not less than $175.
B. Any law enforcement officer who finds any person operating a vehicle or a combination of vehicles in violation of the conditions of a permit issued under this chapter may confiscate the permit and forward it to the administrator who may return it to the permittee or revoke or suspend it without refund. The administrator shall keep a record of all action taken upon permits so confiscated, and if a permit is returned to the permittee the action taken by the administrator shall be endorsed thereon. Any permittee whose permit is suspended or revoked may upon request receive a hearing before a hearing examiner in accordance with the provisions of subsection (C) of this section. After the hearing the administrator may reinstate any permit or revise its previous action.
C. Notice and Order to Correct. The administrator may issue a notice of violation and an order to correct a minor violation of the terms of a permit issued under this ordinance within ten (10) days from the date of issuance of the notice and order. The permit holder receiving such notice and order may appeal the issuance of the notice and order to the administrator, at which time a hearing time before the hearings examiner appointed under Ch 2.51 VMC will be established. The notice of appeal must be received by the administrator before the expiration of the ten (10) day period. The notice and order become final after ten (10) days without a proper notice of appeal being filed with the administrator. The procedures for appeals shall be governed by the provisions of those parts of Section 32 of Ordinance M-3638 codified as VMC 22.03.030, VMC 22.03.040, VMC 22.03.050, VMC 22.03.060, and VMC 22.03.070.
D. Civil Penalties for Failure to Correct. The civil penalty for a first time failure to correct a violation of the terms of a permit issued under this chapter as set forth in a notice and order issued by the administrator shall be two hundred dollars ($200) a day for every day or part of a day that the violation continues. The civil penalty for failure to correct on a second ongoing violation shall be four hundred dollars ($400) a day for every day or part of a day that the violation continues. The civil penalty for failure to correct a third ongoing violation shall carry a penalty of nine hundred dollars ($900) for every day or part of a day that the violation continues. These civil penalties may continue to accrue until the violation is abated. Prosecution of violations of this chapter as a misdemeanor shall occur if more than three (3) violations of the same kind occur in less than five a (5) year period.
E. Criminal prosecution. All violations of this chapter are misdemeanors punishable as set forth in VMC 7.00.010. Criminal prosecution in lieu of or in addition to an infraction or any civil penalty provided for in this section may be initiated by the city attorney when the administrator and the city attorney are of the opinion that the infraction or civil penalty has or will not be effective, timely, or when the violation is a third violation as set forth above. (Ord. M-3645 §2, 2004)