§ 16.30.200. Violation; penalty.

(a)

The maintenance on private property of a public nuisance in violation of this chapter shall constitute a misdemeanor, provided, however, that the offense shall be an infraction in the following events:

(1)

The prosecutor files a complaint charging the offense as an infraction unless the defendant, at the time he is arraigned, after being informed of his rights, elects to have the case proceed as a misdemeanor; or

(2)

The court, with the consent of the defendant, determines that the offense is an infraction, in which event the case shall proceed as if the defendant had been arraigned on an infraction complaint.

(b)

Each separate day on which a violation of this title exists shall constitute a separate offense.

(c)

Any person convicted of a misdemeanor under this chapter shall be punished by imprisonment in the county jail for a period not exceeding six months, or by a fine not exceeding one thousand dollars, or by both.

(d)

Any person convicted of an infraction under this title shall be punished by a fine not exceeding one hundred dollars for the first violation; by a fine not exceeding two hundred dollars for a second violation of the same ordinance within one year; and by a fine not exceeding five hundred dollars for each additional violation of the same ordinance committed by that person within one year.

(e)

Paying a fine or serving a jail sentence shall not relieve any person from responsibility for correcting any condition which violates any provision of this chapter.

(Ord. No. 3386, § 1, 3-26-19)