ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF PUYALLUP
amending Puyallup Municipal Code sections 1.02.020, 6.16.080,
11.10.420, and 21.06.720, and adding section 11.20.085 to Chapter
11.20 of the Puyallup Municipal Code, for the purpose of ensuring
the City’s Code Enforcement Officer has the authority to issue
civil infractions for all municipal code violations other than traffic
and parking violations, and to ensure the penalties and procedures
for enforcing civil infractions are consistent throughout the Code.
WHEREAS, Puyallup Municipal Code (PMC) Chapter 1.02 (Civil Infraction) and
Chapter 1.03 (Civil Violation) provide the process for the City to enforce the various noncriminal provisions of the Code such as provisions within the zoning, building code, and other
similar civil code provisions;
WHEREAS, a Civil Infraction is filed and processed in the Puyallup Municipal Court
and a Civil Violation is filed and processed before the City’s Hearing Examiner;
WHEREAS, most code enforcement matters should be filed as Civil Infractions in the
Puyallup Municipal Court, as the court provides a streamlined and established system for
processing Civil Infractions;
WHEREAS, to ensure the City’s Code Enforcement Officer has the full authority to file
Civil Infractions pursuant to PMC Chapter 1.02, the definition of enforcement officer should be
amended to provide more specificity;
WHEREAS, in addition, this ordinance also ensures that the process and penalty
provisions of PMC pertaining to code enforcement matters are consistent with all other code
enforcement sections;
NOW THEREFORE, the City Council of the City of Puyallup ordains as follows:
Section 1.
read as follows:
Section 1.02.020 of the Puyallup Municipal Code is hereby amended to
1.02.020 Definitions.
The definitions set forth in this section shall apply throughout this chapter:
(1) “Civil infraction” shall mean a violation of the Puyallup Municipal Code for which a
monetary penalty may be imposed under this chapter. Each day or portion thereof during
which a violation occurs or exists shall be deemed a separate civil infraction. Traffic and
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vehicle violations pursuant to PMC Title 10 are specifically excluded from the
application of this chapter.
(2) “Code” shall mean any provision of the Puyallup Municipal Code.
(3) “City” shall mean the city of Puyallup.
(4) “Court” shall mean the Puyallup municipal court.
(5) “Department” shall mean all city of Puyallup departments created pursuant to Chapter
2.06 PMC.
(6) “Enforcement officer” shall mean the City’s Code Enforcement Officer or any person
authorized by the director of any department to enforce the provisions of the code or
ordinance in which the civil infraction is established, but shall not include private
citizens.
(7) “May” is optional and permissive and does not impose a requirement.
(8) “Permit or permit conditions” shall mean an official authorization, license, document,
certificate, or other written permission or conditions attached thereto given to a person by
any city of Puyallup department or by the Puyallup hearing examiner authorizing any
person to perform a specified activity.
(9) “Person” shall mean an individual, partnership, corporation, or other legal entity.
(10) “City attorney” shall mean the Puyallup city attorney or his or her designee.
(11) “Shall” is mandatory and imposes a requirement. (Ord. 2366 § 1, 1993).
Section 2.
read as follows:
Section 6.16.080 of the Puyallup Municipal Code is hereby amended to
6.16.080 Enforcement – Complaints.
(1) Complaint Only Basis. Only after a complaint has been received from an identified
person who owns, rents, or leases property that is affected by a noise source may the
police department issue a civil infraction notice be issued, provided, that the section of
this chapter relating to motor vehicles and noise emanating therefrom shall be subject to
enforcement proceedings regardless of whether a complaint has been received, provided,
further, that with the exception of motor vehicle noises, noise created by industrial areas
are to be enforced by the State of Washington.
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(2) Separate Offenses. For enforcement purposes, each day defined as a 24-hour period
beginning at 12:01 a.m. in which a violation of this chapter occurs, shall constitute a
separate violation. (Ord. 2242 § 1, 1990).
Section 3.
read as follows:
Section 11.10.420 of the Puyallup Municipal Code is hereby amended to
11.10.420 Penalty.
Any person violating any of the provisions of this chapter or failing to comply with the
requirements of this chapter or any written regulation or guideline adopted under
authority of this chapter shall be deemed to have committed a civil violation infraction as
defined in Chapter 1.03 1.02 PMC. Each day, or part thereof, that a violation exists is a
separate offense punishable in accordance with PMC 1.03.040. (Ord. 2771 § 1, 2003).
Section 4.
A new section, 11.20.085, is hereby added to Chapter 11.20 of the
Puyallup Municipal Code to read as follows:
11.20.085 Penalty
In addition to any other penalty or remedy available, violation of any provision of this
chapter by any person, party, firm, corporation, or other legal entity shall constitute a
Class I civil infraction as defined in Chapter 1.02 PMC. Any act of a continuing nature as
prohibited in this chapter shall be considered a separate offense for each day that the
unlawful act occurs.
Section 5.
read as follows:
Section 21.06.720 of the Puyallup Municipal Code is hereby amended to
21.06.720 Penalties.
(1) Any person, party, firm, corporation, or other legal entity found in violation of any of
the provisions of this chapter shall be fully subject to the civil infraction or civil violation
procedures and penalties contained in Chapter 1.02 PMC or Chapter 1.03 PMC. Each day
or portion of a day during which a violation of this chapter is committed or continued
shall constitute a separate offense. Any development carried out contrary to the
provisions of this chapter shall constitute a public nuisance and may be enjoined as
provided by the statutes of the state of Washington.
(2) In addition to or as an alternative to any other penalty provided in this chapter or by
law, any person who violates any provision of this chapter shall be guilty of a gross
misdemeanor, punishable by a fine of a sum not exceeding $5,000 or by imprisonment
not exceeding 12 months or by both such fine and imprisonment. Each separate day or
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portion thereof during which any violation of any adopted code or provision of this code
occurs shall constitute a separate violation and upon conviction thereof, shall be punished
as provided in this section. (Ord. 2859 § 1, 2006).
Section 6. Publication. A summary of this ordinance shall be published as required by
law.
Section 7. Severability - Construction.
(1) If a section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is
declared unconstitutional or invalid for any reason by any court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of this Ordinance.
(2) If the provisions of this ordinance are found to be inconsistent with the other
provisions of the Puyallup Municipal Code, this Ordinance is deemed to control.
Section 8. Effective Date. This Ordinance shall take effect and be in force thirty (30)
days after its passage, approval, and publication as provided by law.
Passed and approved by City Council of the City of Puyallup at regularly scheduled open
public meeting on the _______ of
, 2012.
____________________________________
Richard D. Hansen
Mayor
Approved as to form:
Attest:
____________________________________
Steve M. Kirkelie
Deputy City Attorney
____________________________________
Barbara J. Price
City Clerk
Published: ___________________________
Effective: ____________________________
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