ORD 07-564
,
ORDINANCE NO. 07-564
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 1,
ARTICLE~ II AND III AND ADDING A NEW SECTION TO
CHAPTER 1, ARTICLE III OF THE FEDERAL WAY CITY
CODE TO AUTHOmZE ENFORCEMENT OF CODE
PROVISIONS BY CIVIL INFRACTION. (Amending Ordinance
Nos. 89-14,90-68, and 99-342)
WHEREAS, the Federal Way City Council is authorized pursuant to RCW 35A.l1.020 to
adopt and enforce ordinances relating to and regulating its local and municipal affairs and
appropriate to the good government of the City; and
WHEREAS, police officers and code enforcement officers diligently work to enforce the
provisions of the City Code; and
WHEREAS. civil violations of the Federal Wav Citv Code are detrimental to the oublic
health. safetv. and welfare: and
WHEREAS. enforcement officers and officials are authorized to issue civil infractions to
enforce the orovisions of the Federal Wav City Code ("FWCC") desis:mated as infractions or as
oenalties: and
WHEREAS. the establishment of a system of civil infractions for civil violations. as defined
under FWCC 1-15. will aid in enforcement. will helo reimburse the City for exoenses of
enforcement. and will be a more exoeditious and less exoensive method of disoosine: of minor
offenses: and
WHEREAS. technical chane:es need to be made FWCC Chaoter 1 Article ill to e:rant code
ORD #07-564, PAGE 1
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enforcement officers authority to issue ciyil infractions for civil violations: and
WHEREAS. the City Council finds it in the best interest of its citizens to clarify and
distine:uish ciyil violations. as defined in FWCC 1-15. from civil infractions. authorized oursuant to
FWCC 1-24:
WHEREAS, pursuant to F'NCC 1 13, any violation of the code may be a misdemeanor
punishable by a fine ofup to $1,000 and up to ninety (90) days in addition to civil penalties; and
'NHERE,\S, in the interest of justice, certain violations ofthe FWCC do not rise to the Ie-vel
of a criminal violation; and
WHEREAS, adding a provision that allows police officers or code enforcement officers the
authority to enforce violations with a civil infraction \vhere the violation does not rise to criminal
conduct is in the interest of the health, safety, and '.velfare of the general public;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
W ASHlNGTON, DOES HEREBY ORDAlN AS FOLLOWS:
SECTION 1. Chapter 1, Article n, Section 1-13, of the Federal Way City Code shall be
amended to read as follows:
1-13 General penalty.
(a) Unless otherwise provided, any person violating any of the provisions or failing to comply
with any of the mandatory requirements of this Code or any ordinance of the city, or any rule or
regulation adopted by the city council pursuant thereto, shall be guilty of a misdemeanor. Except in
cases where a different punishment is prescribed by this Code or any ordinance of the city, any
person convicted of a misdemeanor under this Code or the ordinances ofthe city shall be punished
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(c) Each civil infraction shall carrvwith it a monetarypenaltv of$l 00.00 for the first violation,
$200.00 for a second violation ofthe same nature or a continuing violation, and $300.00 for a third
or subsequent violation of the same nature or a continuing violation.
SECTION 3. Chaoter 1. Article ill. Section 1-23. of the Federal Wav Citv Code shall be
amended to read as follows:
1-23 Meaninf! of terms.
Whenever the terms "civil infraction" and "civil oenaltv" are is used in anv code. ordinance or
ree:ulation of the citv. these this terms shall be deemed to have the same meanine: as the terms "civil
violation" and "monetary oenaltv." resoectivelv. as used in this chaoter.
SECTION ~ Severability. The provisions of this ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion ofthis
ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect
the validity of the remainder of the ordinance1 or the validity of its application to other persons or
circumstances.
SECTION 45. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
SECTION 6. Corrections. The Citv Clerk and the codifiers ofthis ordinance are authorized
to make necessary corrections to this ordinance includine:. but no limited to. the correction of
scrivener/clerical errors, references. ordinance numberine:. section/subsection numbers and anv
references thereto.
ORD #07-564, PAGE 4
SECTION ~L Effective Date. This ordinance shall take effect and be in force five (5) days
from and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this I~/A.- day of
IJIdtv- 2007.
CITY OF FEDERAL WAY
~
ATTEST:
APPROVED AS TO FORM:
{ a;/d/~
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK: q~/o7
PASSEDBYTH~ITYCOUNCIL: /0/lb/67
PUBLISHED: 10 .,)ojp7
EFFECTIVEDA E: lo/do7
ORDINANCE NO. 07-S/PCf
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