10.62.060 Violations.
A. A violation of the provisions of this chapter is designated as a civil infraction. All violations may be heard and determined by the municipal court.
1. A law enforcement officer has the authority to issue a notice of infraction when the infraction is committed in the officer’s presence or if an officer, upon investigation, has reasonable cause to believe that a person has committed a violation of this chapter.
2. The court may issue a notice of infraction upon receipt of a written statement of the officer that there is reasonable cause to believe that an infraction was committed.
3. The notice of infraction shall be in substantially the same form as prescribed in RCW 7.80.070 for civil infractions.
B. The procedure for responding to a notice of infraction under this chapter shall be the same procedure prescribed for responding to civil infractions set forth in Chapter 7.80 RCW. Any person who receives a notice of infraction shall respond in the manner prescribed in RCW 7.80.080. If any person issued a notice of infraction fails to respond to the notice as provided in RCW 7.80.080(5), or fails to appear at a hearing requested pursuant to the procedure outlined in RCW 7.80.080(3) or (4), the court shall enter an appropriate order assessing the monetary penalty prescribed for the curfew infraction.
C. Procedures for the conduct of all hearings provided for in this chapter shall be in accordance with the procedures for hearings established in RCW 7.80.080 through 7.80.110.
D. 1. A person found to have committed an infraction shall be assessed a monetary penalty. No penalty may exceed $250.00 for each offense.
2. There shall be a penalty of $25.00 for failure to respond to a notice of infraction.
3. Whenever a monetary penalty is imposed by the court under this chapter, it is immediately payable. If the 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. If the penalty is not paid on or before the time established for payment, the court may proceed to collect the penalty in the same manner as other civil judgments.
E. All proceedings under this chapter shall be civil in nature. [Ord. 10514 § 3, 1994; Ord. 10363, 1992].