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HomeMy WebLinkAbout2010-021ORDINANCE NO. 2010-021 AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING CERTAIN SECTIONS OF ARLINGTON MUNICIPAL CODE TITLE 1 RELATING TO GENERAL PROVISIONS OF THE ARLINGTON MUNICIPAL CODE AND ADDING TWO NEW SECTIONS TO TITLE 1 OF THE ARLINGTON MUNICIPAL CODE RELATING TO PENALTIES FOR CIVIL INFRACTIONS WHEREAS, the City of Arlington, Washington has the authority to adopt ordinances for the general welfare of its citizens; and WHEREAS, certain provisions of the Arlington Municipal Code are outdated and require revision; and WHEREAS, the City Council of the City of Arlington has requested revisions be made to Title 1, relating to general provisions of the Arlington Municipal Code; NOW, THEREFORE, the City Council of the City of Arlington, Washington does hereby ordain as follows: Section 1. Arlington Municipal Code Section 1.01.040 is amended to read as follows: 1.01.040 Definitions. The following words and phrases whenever used in this code shall be construed as defined in this section unless from the context a different meaning is intended or unless different meaning is specifically defined and more particularly directed to the use of such words or phrases: (a) "City" means the city of Arlington, Washington, or the area within the territorial limits of the city of Arlington, Washington, and such territory outside of the city over which the city has jurisdiction or control by virtue of any constitutional or statutory provision; (b) "Council" means the city council of the city of Arlington, Washington. "All its members" or "all councilmen" mean the total number of council members provided by the general laws of the state of Washington; (c) "County" means the county of Snohomish, Washington; (d) "Law" denotes applicable federal law, the constitution and statutes of the state of Washington, the ordinances of the city of Arlington, Washington, and when appropriate, any and all rules and regulations which may be promulgated thereunder; (e) "Oath" includes affirmation; ORDINANCE NO. 2010-021 (f) "Officer --Office." The use of the title of any officer, employee, or any office, or ordinance, or section of this code means such officer, employee, office, or ordinance of Arlington, or section of this code unless otherwise specifically designated; (g) "Ordinance" means a law of the city, provided, that a temporary or special law, administrative action, order or directive may be in the form of a resolution; (h) "Person" means any natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them; (i) "State" means the state of Washington; 0) "Street" shall include all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs, or other public ways in this city which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this state; (k) "May" is permissive; (1) "Must" and "shall" are each mandatory; (m) "Written" includes printed, typewritten, mimeographed or multigraphed. Section 2. A new section 1.04.020 is hereby added to Arlington Municipal Code Chapter 1.04: 1.04.020 Penalty for violation — Definition of infraction Any person violating any provision or failing to comply with any mandatory requirements of this code which is designated an infraction shall be assessed the following monetary penalty unless another penalty is provided: (a) The maximum penalty and the default amount for a Class 1 civil infraction shall be two hundred fifty dollars ($250.00), not including statutory assessments; (b) The maximum penalty and the default amount for a Class 2 civil infraction shall be one hundred twenty five dollars ($125.00), not including statutory assessments; (c) The maximum penalty and the default amount for a Class 3 civil infraction shall be fifty dollars ($50.00), not including statutory assessments; and (d) The maximum penalty and the default amount for a Class 4 civil infraction shall be twenty five dollars ($25.00), not including statutory assessments. Infractions are civil rather than criminal offenses and proof of the commission of an infraction is by a preponderance of the evidence. It is never necessary to demonstrate scienter or mens rea for the finding that an infraction has been committed. ORDINANCE NO. 2010-021 Section 3. A new section 1.04.030 is hereby added to Arlington Municipal Code Chapter 1.04: 1.04.030 Continuing; Offenses. A person is guilty of a separate offense for each day or any portion thereof in which a violation of any provision of this Code is committed, continued or permitted and may be punished accordingly. Section 4. Sever. If any provision, section, or part of this ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section 5. Effective Date. A summary of this Ordinance consisting of its title shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days after the date of publication. PASSED by e City Council of the City of Arlington and APPROVED by the Mayor thisday of _ _, 2010. CITY OF ARUNGTON Margaret Warson, Mayor ATTEST: r Kristi anfield, City Clerk APPROVED AS TO FORM: �r k--- S ven 1. e%AeW Attorney ORDINANCE NO. 2010-021 CERTIFICATION OF ORDINANCE I, Kristin Banfield, being the duly appointed and acting Clerk of the City of Arlington, Washington, a municipal corporation, do hereby certify that the following Ordinance #2010-021 was approved at the September 20, 2010 City Council meeting. ORDINANCE #2010-021 AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING CERTAIN SECTIONS OF ARLINGTON MUNICIPAL CODE TITLE 1 RELATING TO GENERAL PROVISIONS OF THE ARLINGTON MUNICIPAL CODE AND ADDING TWO NEW SECTIONS TO TITLE 1 OF THE ARLINGTON MUNICIPAL CODE RELATING TO PENALTIES FOR CIVIL INFRACTIONS A true and correct copy of the original ordinance is attached. Dated this 2 1 " day of September, 2010. Kri s ti n\Q anfieId City Clerk for the City of Arlington