Chapter 1.08
GENERAL PENALTY

Sections:

1.08.010    Violation—Misdemeanor.

1.08.020    Violation—Penalty.

1.08.030    Separate offenses.

1.08.040    General penalty—Continuing violations.

1.08.050    Code violations.

1.08.010 Violation—Misdemeanor.

No person shall violate any provision or fail to comply with any requirement of this code. A person violating a provision or failing to comply with any of the mandatory requirements of this code is guilty of a misdemeanor. (Ord. 2 § 1 (part), 1971: prior code § 1-301)

1.08.020 Violation—Penalty.

A person convicted of a misdemeanor under this code, unless specific provision is otherwise made, shall be punished by a fine of not more than five hundred dollars or by imprisonment in the county jail for a period of not more than six months, or both. (Ord. 2 § 1 (part), 1971: prior code § 1-302)

1.08.030 Separate offenses.

Each person is guilty of a separate offense for each and every day during any portion of which the violation of this code is committed, continued or permitted by that person. (Ord. 2 § 1 (part), 1971: prior code § 1-303)

1.08.040 General penalty—Continuing violations.

In addition to the penalties provided herein, any condition caused or permitted to exist in violation of a provision of this code is a public nuisance and may be summarily abated as such. Each day that the condition continues it is a new and separate offense. Pursuant to Section 38773.5 of the California Government Code, in any action, administrative proceeding, or special proceeding brought by the city of Foster City to abate a public nuisance, the prevailing party shall be entitled to reasonable attorneys’ fees. Recovery of attorneys’ fees shall be limited as follows:

A.    To those actions or proceedings where the city has elected to recover attorneys’ fees at the initiation of such actions or proceedings.

B.    The amount of attorneys’ fees in any action, administrative action, or special proceeding awarded to a prevailing party shall not exceed the amount of reasonable attorneys’ fees incurred by the city in the action or proceeding. (Ord. 506 § 1, 2003: Ord. 2 § 1 (part), 1971: prior code § 1-304)

1.08.050 Code violations.

Notwithstanding any other provision of this code, whenever violation of any section contained in this code is punishable as a misdemeanor, the prosecuting attorney having jurisdiction to prosecute such misdemeanor may specify that the offense is an infraction and proceed with prosecution as an infraction, unless the defendant, at the time of his or her arraignment or plea, objects to the offense being made an infraction, in which event the complaint shall be amended to charge a misdemeanor and the case shall proceed on a misdemeanor complaint. (Ord. 319 § 1, 1986)