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A. A violation of any of the provisions of this chapter is designated a civil infraction, to be heard and determined by the Auburn municipal court except when jurisdiction lies with the juvenile court pursuant to Chapter 13.04 RCW, the Basic Juvenile Court Act.

1. A police officer has the authority to issue a notice of infraction when the infraction is committed in the officer’s presence.

2. The notice of infraction shall be in substantially the same form as prescribed by RCW 43.63.060 for traffic infractions.

B. All proceedings for responding to a notice of infraction under this chapter and conducting a hearing on any contested notice of infraction or a mitigation hearing shall be the same procedures prescribed for responding to traffic infractions set forth in Chapter 46.63 RCW. If any person issued a notice of infraction fails to respond as required, or fails to appear at a hearing requested by them, the court shall enter an appropriate determination assessing the penalty prescribed for the curfew infraction.

C. A person found to have committed an infraction shall be assessed a monetary penalty of not more than $100.00 for a first offense.

D. The maximum penalty for each subsequent offense is $250.00.

E. In all cases in which the court determines that an infraction has been committed, court costs shall be assessed in addition to any monetary penalty.

F. There shall be an additional penalty of $100.00 for failure to respond to a notice of infraction.

G. All monetary penalties imposed pursuant to this chapter shall be payable immediately. If the person who committed the infraction is unable to pay at that time, the court may, in its discretion, grant an extension of time or allow payment in installments. In lieu of payment for all or part of the monetary penalty, the court may provide for the performance of community service.

H. All proceedings under this chapter shall be civil in nature. (Ord. 5856 § 1, 2004; Ord. 5682 § 1, 2002; Ord. 5541 § 1, 2001; Ord. 5404 § 1, 2000; Ord. 5241 § 1, 1999. Formerly 9.50.060.)