RCW 7.80.005 Legislative finding—1987 c 456. The legislature finds that many minor offenses that are established as misdemeanors are obsolete or can be more appropriately punished by the imposition of civil fines. The legislature finds that some misdemeanors should be decriminalized to allow resources of the legal system, such as judges, prosecutors, juries, and jails, […]
RCW 7.80.010 Jurisdiction of courts. (1) All violations of state law, local law, ordinance, regulation, or resolution designated as civil infractions may be heard and determined by a district court, except as otherwise provided in this section. (2) Any municipal court has the authority to hear and determine pursuant to this chapter civil infractions that […]
RCW 7.80.020 Issuance of process. Notwithstanding any other provision of law governing service of process in civil cases, a court of limited jurisdiction having jurisdiction over an alleged civil infraction may issue process anywhere within the state. [ 1987 c 456 § 10.]
RCW 7.80.030 Training of judicial officers. All judges and court commissioners adjudicating civil infractions shall complete such training requirements as are promulgated by the supreme court. [ 1987 c 456 § 11.]
RCW 7.80.040 “Enforcement officer” defined. As used in this chapter, “enforcement officer” means a person authorized to enforce the provisions of the title or ordinance in which the civil infraction is established. [ 1987 c 456 § 12.]
RCW 7.80.050 Notice of infraction—Issuance, service, filing. (1) A civil infraction proceeding is initiated by the issuance, service, and filing of a notice of civil infraction. (2) A notice of civil infraction may be issued by an enforcement officer when the civil infraction occurs in the officer’s presence. (3) A court may issue a notice […]
RCW 7.80.060 Person receiving notice—Identification and detention. A person who is to receive a notice of civil infraction under RCW 7.80.050 is required to identify himself or herself to the enforcement officer by giving his or her name, address, and date of birth. Upon the request of the officer, the person shall produce reasonable identification, […]
RCW 7.80.070 Notice—Determination final unless contested—Form. (1) A notice of civil infraction represents a determination that a civil infraction has been committed. The determination is final unless contested as provided in this chapter. (2) The form for the notice of civil infraction shall be prescribed by rule of the supreme court and shall include the […]
RCW 7.80.080 Response to notice—Contesting determination—Mitigating circumstances—Hearing—Failure to respond or appear. (1) Any person who receives a notice of civil infraction shall respond to such notice as provided in this section within fifteen days of the date of the notice. (2) If the person determined to have committed the civil infraction does not contest the […]
RCW 7.80.090 Hearings—Rules of procedure—Counsel. (1) Procedures for the conduct of all hearings provided in this chapter may be established by rule of the supreme court. (2) Any person subject to proceedings under this chapter may be represented by counsel. (3) The attorney representing the state, county, city, town, or transit agency authorized to issue […]
RCW 7.80.100 Hearings—Contesting determination that infraction committed—Appeal. (1) A hearing held for the purpose of contesting the determination that a civil infraction has been committed shall be without a jury and shall be recorded in the manner provided for in courts of limited jurisdiction. (2) The court may consider the notice of civil infraction and […]
RCW 7.80.110 Hearings—Explanation of mitigating circumstances. (1) A hearing held for the purpose of allowing a person to explain mitigating circumstances surrounding the commission of a civil infraction shall be an informal proceeding. The person may not subpoena witnesses. The determination that a civil infraction has been committed may not be contested at a hearing […]
RCW 7.80.120 Monetary penalties—Restitution. (1) A person found to have committed a civil infraction shall be assessed a monetary penalty. (a) The maximum penalty and the default amount for a class 1 civil infraction shall be $250, not including statutory assessments, except for an infraction of state law involving (i) potentially dangerous litter as specified […]
RCW 7.80.130 Order of court—Civil nature—Modification of penalty—Community restitution. (1) An order entered after the receipt of a response which does not contest the determination, or after it has been established at a hearing that the civil infraction was committed, or after a hearing for the purpose of explaining mitigating circumstances is civil in nature. […]
RCW 7.80.140 Costs and attorney fees. Each party to a civil infraction case is responsible for costs incurred by that party, but the court may assess witness fees against a nonprevailing respondent. Attorney fees may be awarded to either party in a civil infraction case. [ 1987 c 456 § 22.]
RCW 7.80.150 Notices—Record of—Cancellation prohibited, penalty—Audit. (1) Every law enforcement agency in this state or other agency authorized to issue notices of civil infractions shall provide in appropriate form notices of civil infractions which shall be issued in books with notices in quadruplicate and meeting the requirements of this section, or issued by an electronic […]
RCW 7.80.160 Failure to exercise notice options—Failure to satisfy penalty. (1) Any person who, after receiving a statement of the options provided in this chapter for responding to the notice of civil infraction and the procedures necessary to exercise these options, fails to exercise one of the options in a timely manner is guilty of […]
RCW 7.80.900 Decriminalization of certain municipal ordinances. Any municipal criminal ordinance in existence on the January 1, 1989, which is the same as or substantially similar to a statute which is decriminalized by sections 25 through 30 and 32, chapter 456, Laws of 1987 is deemed to be civil in nature and shall be punished […]
RCW 7.80.901 Effective date—1987 c 456 §§ 9-31. Sections 9 through 31 of this act shall take effect January 1, 1989. [ 1987 c 456 § 34.]