Chapter 1.08
CODE VIOLATIONS—PENALTIES

Sections:

1.08.010    Violation as misdemeanor.

1.08.020    Violation as infraction—Exceptions.

1.08.030    Punishment—Penalties.

1.08.035    Arrest and citation.

1.08.040    Civil action enforcement.

1.08.010 Violation as misdemeanor.

A.    Except as expressly set forth in Section 1.08.020, the violation of any provision or section of this municipal code, or the failing to comply with any mandatory requirement of an ordinance of the city, shall be a misdemeanor except that notwithstanding any other provision of this code, any such violation constituting a misdemeanor under this code may, in the discretion of the city attorney, be charged and prosecuted as an infraction.

B.    Any person violating any provision or section of this municipal code or ordinance of the city shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of any provision or section of this municipal code or ordinance of the city is committed, continued or permitted by such person, and shall be punishable accordingly. (Ord. 87-1 § 1, 1987)

1.08.020 Violation as infraction—Exceptions.

Any violation of the provisions of this code relating to parking, operation of bicycles, operation of motor vehicles, and use of freeways, highways and streets by animals, bicycles, motor vehicles or pedestrians shall constitute an infraction. (Ord. 87-1 § 2, 1987)

1.08.030 Punishment—Penalties.

A.    Any person convicted of misdemeanor under the provisions of this code, unless provision is otherwise herein made, shall be punishable by a fine of not more than one thousand dollars or by imprisonment in the county jail for a period of not more than six months or by both fine and imprisonment.

B.    Any person convicted of an infraction under the provisions of this code shall be punishable as follows: Upon a first conviction, by a fine not exceeding one hundred dollars, upon a second violation of the same ordinance within one year, by a fine not exceeding two hundred dollars, and for each additional violation of the same ordinance within one year, five hundred dollars, or a higher fine as permitted by Government Code Section 36900. (Ord. 87-1 § 3, 1987)

1.08.035 Arrest and citation.

A.    The director of public safety is empowered to designate public officers or employees to exercise the powers authorized by Section 836.5(a) of the California Penal Code, including arrests for violations of this code pursuant to Sections 853.5 and 853.6 of the California Penal Code.

B.    In any case in which a person is arrested pursuant to subsection A above and that person does not demand to be taken before a magistrate, the arresting officer or employee shall prepare a written notice to appear (citation) on a form provided by the director of public safety and release the person on his promise to appear. (Ord. 89-10 § 1, 1989)

1.08.040 Civil action enforcement.

In addition to the penalties provided for herein, any violation of this municipal code or city ordinance may be redressed by civil action. Any condition existing in violation of this code or a city ordinance is deemed to be a public nuisance. (Ord. 82-7 § 1 (part), 1982)