A. Unless specifically provided otherwise, every person convicted of a gross misdemeanor, or a crime not otherwise classified, shall be punished by imprisonment in jail for a maximum term of not more than one year, or by a fine in an amount of not more than five thousand dollars ($5,000.00), or by both such imprisonment and fine.
B. Unless specifically provided otherwise, every person convicted of a misdemeanor shall be punished by imprisonment in jail for a maximum term of not more than ninety (90) days, or by a fine in an amount of not more than one thousand dollars ($1,000.00), or by both such imprisonment and fine.
C. Unless the court finds that the imposition of the minimum imprisonment will pose a substantial risk to the defendant's physical or mental well being, or that local jail facilities are in an overcrowded condition, the term of imprisonment shall not be suspended or deferred. If a minimum term of imprisonment is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based. Unless the court finds the person to be indigent, the minimum fine shall not be suspended or deferred.
D. The city council reserves the right to implement a community service program to provide an alternative to fines and/or imprisonment in jail.
E. A court may impose restitution as provided in Revised Code of Washington 9A.20.030.
F. In the event there is a conflict in the penalties that can be imposed upon conviction for a specific offense between the provisions of this chapter and the Revised Code of Washington, the penalty provisions of this chapter shall apply unless preempted by Washington state law. (Ord. 140, 10-4-2005)