A. Infraction Classification; Exceptions: Violations of this chapter shall be classified as traffic infractions, except as otherwise provided. Traffic infractions are noncriminal offenses.
B. Notice Of Infraction; Contents:
1. A notice of infraction represents a determination that an infraction has been committed. The determination will be final unless contested as provided in this chapter.
2. The form for the notice of infraction shall include the following:
a. A statement that the notice represents a determination that an infraction has been committed by the person named in the notice and that the determination shall be final unless contested as provided in this chapter.
b. A statement that an infraction is a noncriminal offense for which imprisonment may not be imposed as a sanction.
c. A statement of the specific infraction for which the notice was issued.
d. A statement of the monetary penalty established for the particular infraction.
e. A statement of the options provided in this chapter for responding to the notice and the procedures necessary to exercise these options.
f. A statement that at any hearing to contest the determination, the city has the burden of proving, by a preponderance of the evidence, that the infraction was committed; and that the person may subpoena witnesses including the officer who issued the notice of infraction.
g. A statement that at any hearing requested for the purpose of explaining mitigating circumstances surrounding the commission of the infraction, the person will be deemed to have committed the infraction and may not subpoena witnesses.
h. A statement that the person must respond to the notice as provided in this chapter within fifteen (15) days.
i. A statement, which the person shall sign, that the person promises to respond to the notice of infraction in one of the ways provided in this chapter.
j. A statement that failure to respond to a notice of infraction will result in the imposition of the penalties prescribed above.
C. Response To Notice; Contesting Determination; Hearing:
1. Any person who receives a notice of infraction shall respond to such notice as provided in this section within fifteen (15) days of the date of the notice.
2. If the person determined to have committed the infraction does not contest the determination, the person responds by completing the appropriate portion of the notice of infraction and submitting it, either by mail or in person, to the municipal court. A check or money order in the amount of the penalty prescribed for the infraction must be submitted with the response. When a response which does not contest the determination is received, an appropriate order shall be entered in the court records.
3. If the person determined to have committed the infraction wishes to contest the determination, the person shall respond by completing the portion of the notice of infraction requesting a hearing and submitting it, either by mail or in person, to the municipal court. The court shall notify the person in writing of the time, place, and date of the hearing, and that date shall not be sooner than seven (7) days from the date of the notice, except by agreement.
4. If the person determined to have committed the infraction does not contest the determination but wishes to explain the mitigating circumstances surrounding the infraction, the person shall respond by completing the portion of the notice of infraction requesting a hearing for that purpose and submitting it, either by mail or in person, to the municipal court. The court shall notify the person in writing of the time, place, and date of the hearing.
5. If any person issued a notice of infraction:
a. Fails to respond to the notice of infraction within fifteen (15) days as required by this section; or
b. Fails to appear at a hearing requested pursuant to subsection C3 or C4 of this section, the court shall enter an appropriate order assessing the monetary penalty prescribed for the infraction.
D. Hearings; Rules Of Procedure; Counsel:
1. Infractions under this chapter shall be heard and determined by the municipal court.
2. Procedures in the municipal court for infractions under this chapter shall conform generally to those followed for traffic infractions under Revised Code Of Washington chapter 46.63. The infraction rules for courts of limited jurisdiction (IRLJ) shall, to the extent they are not inconsistent with this chapter, apply to cases under this chapter.
3. Any person subject to proceedings under this chapter may be represented by counsel.
4. Any attorney representing the city may, but is not required to, appear at any infraction proceedings under this chapter.
E. Contesting Determination; Appeal:
1. A hearing held for the purpose of contesting the determination that an infraction has been committed shall be without a jury.
2. The court may consider the notice of infraction and any other written report made under oath submitted by the officer who issued the notice or whose written statement was the basis for the issuance of the notice in lieu of the officer's personal appearance at the hearing. The person named in the notice may subpoena witnesses, including the officer, and has the right to present evidence and examine witnesses present in court.
3. The burden of proof is upon the city to establish the commission of the infraction by a preponderance of the evidence.
4. After consideration of the evidence and argument, the court shall determine whether the infraction was committed. Where it has not been established that the infraction was committed, an order dismissing the notice shall be entered in the court records. Where it has been established that the infraction was committed, an appropriate order shall be entered in the court records.
F. Explanation Of Mitigating Circumstances:
1. A hearing held for the purpose of allowing a person to explain mitigating circumstances surrounding the commission of an infraction shall be an informal proceeding. The person may not subpoena witnesses. The determination that an infraction has been committed may not be contested at a hearing held for the purpose of explaining mitigating circumstances.
2. After the court has heard the explanation of the circumstances surrounding the commission of the infraction, an appropriate order shall be entered in the court records.
3. There may be no appeal from the court's determination or order. (Ord. 903, 8-18-2014)