9.04.040 Classification of offenses and penalties.
A. For the purpose of this title, offenses are designated as gross misdemeanors and misdemeanors. Any offense not so designated is a misdemeanor.
B. Except where a different penalty is specifically provided for by ordinance or adopted statute, a person convicted of a gross misdemeanor under this title shall be punished by a fine of not more than $5000.00 or by imprisonment for not more than one year or by both such fine and imprisonment.
C. Except where a different penalty is specifically provided for by ordinance or adopted statute, a person convicted of a misdemeanor under this title shall be punished by a fine of not more than $1000.00 or by imprisonment for not more than ninety days or by both such fine and imprisonment.
D. If the court finds that a person convicted of a violation of section 9.12.010 (simple assault), 9.12.020 (reckless endangerment), 9.12.030 (coercion), 9.12.050 (intimidating phone calls), 9.12.060 (harassment), 9.24.010 (disorderly conduct), 9.24.020 (riot), 9.24.060 (disrupting school activities), 9.28.020 (malicious mischief) or 9.28.080 or 9.28.090 (criminal trespass) intentionally committed the acts necessary for conviction because of such persons perception of the race, color, religion, ancestry or national origin, group association, gender, sexual orientation, or mental, physical, or sensory handicap of the victim or victims, or that the violation was part of a gang initiation or a gang activity, the court shall impose a minimum fine of not less than $500.00 and a minimum jail sentence of not less than five days for each such offense. Neither the mandatory minimum jail sentence nor the mandatory minimum fine shall be suspended or deferred, nor shall the jail sentence be served by alternate means. For purposes of this subsection, the terms “gang”, “gang activity”, “gang initiation”, and “gang member”, are defined as follows:
1. “Gang” shall mean two or more people who form an allegiance for a common purpose and engage in unlawful activity.
2. “Gang activity” shall mean the committing of unlawful activities by gang members or unlawful activities that involve gang behavior such as symbols, slogans, graffiti and other known indications of gang involvement.
3. “Gang initiation” shall mean the engaging in unlawful activity for the purpose of being accepted as a member of a gang.
4. “Gang member” shall mean a person who, by reason of admission or other competent evidence is shown to be a member of a gang. Such evidence may include evidence of tattoos, club rosters, attendance lists, distinct and recognizable clothing or other competent evidence.
E. Nothing in this section shall be construed to repeal or otherwise affect mandatory minimum sentences set for violation of specific ordinances or adopted state statutes. (Ord. 984 §3, 1994; Ord. 974 §1, 1993; Ord. 499 §2 (part), 1978).