A. 
The maximum penalty for any criminal offense under the Tacoma Municipal Code shall be the same as the maximum penalty provided in Washington State law for the same or similar offense, and where the maximum penalty provided under the Tacoma Municipal Code is inconsistent with the maximum penalty as provided pursuant to State law, such maximum penalty as provided under State law shall prevail.
B. 
Any person convicted of a violation of any domestic violence crime described in Section 8.105.020B hereof shall, at the discretion of the prosecuting authority, be subject to a supplemental proceeding before the court to determine such person's status as a domestic violence repeat offender. A person shall be adjudged a domestic violence repeat offender when convicted of an offense described in Subsection 8.105.020B hereof and such offense is found to have been committed within a two-year period of the commission of two or more prior domestic violence offenses described in Section 8.105.020B hereof for which there is a valid conviction, and when such prior offenses do not arise from the same facts and circumstances; provided that the prosecuting authority must establish guidelines for a determination as to when the prosecuting authority, in its discretion, will seek to establish such person's status as a domestic violence repeat offender, and must give notice to the accused upon conviction of the prosecuting authority's intent to seek domestic violence repeat offender status. The court shall thereupon, after notice, set a hearing to determine such person's status as a domestic violence repeat offender.
C. 
A person adjudged to be a domestic violence repeat offender shall be sentenced to the maximum jail term allowable if the maximum penalty does not exceed 90 days in jail, and shall be sentenced to a minimum of 180 days in jail otherwise, and such mandatory minimum penalty shall not be suspended except as provided for pursuant to RCW 3.66.068, as now enacted or as hereafter amended, and Section 8.70.020 of the Tacoma Municipal Code as now enacted or as hereafter amended.
D. 
Every person convicted of a gross misdemeanor for which no punishment is prescribed in any statute or ordinance in force at the time of conviction and sentence shall be punished by imprisonment for a maximum term fixed by the court of not more than one year or by a fine in an amount fixed by the court of not more than $5,000, or by both such imprisonment and fine.
E. 
Every person convicted of a misdemeanor for which no punishment is prescribed by any statute or ordinance in force at the time of conviction and sentence shall be punished by imprisonment for a maximum term fixed by the court of not more than 90 days or by a fine in an amount fixed by the court of not more than $1,000, or both such imprisonment and fine.
(Ord. 25498 § 1, 1994-06-07; Ord. 27842 Ex. A, 2009-10-20)