Chapter 1.04
GENERAL PENALTY

Sections:

1.04.010    General penalty.

1.04.020    License.

1.04.030    Application.

1.04.040    Liability of officers.

1.04.010 General penalty.

A. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this City Code is guilty of a misdemeanor. Except in cases where a different punishment is prescribed by any section of this City Code, any person convicted of a misdemeanor under this City Code shall be punished by a fine of not more than $500.00 or by imprisonment not to exceed six months, or by both such fine and imprisonment.

B. Each such person is guilty of a separate offense for each and every day during any portion of which any violation of any provision of this City Code is committed, continued or permitted by any such person, and he shall be punished accordingly.

C. Notwithstanding the foregoing provisions of this section, violations of the following ordinances of the City shall be infractions, in accordance with the provisions of Government Code, Section 36900 and the following sections of said ordinances are hereby amended to provide that violations thereof shall be infractions:

Ordinance No. 8, Section 3,

Ordinance No. 11, Section 3,

Ordinance No. 13, Section 5,

Ordinance No. 15, Section 4,

Ordinance No. 23, Section 3,

Ordinance No. 92, Section 3,

Ordinance No. 95, Section 4,

Ordinance No. 108, Section 36,

Ordinance No. 129, Section 3,

Ordinance No. 130, Section 2,

Ordinance No. 131, Section 1,

Ordinance No. 153, Section 11,

Ordinance No. 158, Section 16,

Ordinance No. 181, Section 2,

Ordinance No. 193, Section 4,

Ordinance No. 220, Section 9,

Ordinance No. 223, Section 4,

Ordinance No. 229, Section 3,

Ordinance No. 236, Section 37,

Ordinance No. 244, Section 2,

Ordinance No. 272, Sections 1, 2 and 13,

Ordinance No. 277, Section 12,

Ordinance No. 279, Section 20. (Ord. 87-7, 4-14-1987; Ord. 77-5, 2-22-1977)

1.04.020 License.

When a person is convicted of a violation of any section of this City Code, any license previously issued to him by the City may be revoked by a court of competent jurisdiction or by the City Council.

1.04.030 Application.

A. The penalty provided in this chapter shall be applicable to every section of this City Code the same as though it were a part of each and every separate section. Any person convicted of a violation of any section of this City Code where any duty is prescribed or obligation imposed, or where any action which is of a continuing nature or declared to be unlawful, shall be deemed guilty of a misdemeanor. A separate offense shall be deemed committed on each day such duty or obligation remains unperformed or such act continues, unless otherwise specifically provided in this City Code.

B. In all cases where the same offense is made punishable or is created by different clauses or sections of this City Code, the prosecuting officer may elect under which to proceed, but not more than one recovery shall be had against the same person for the same offense; provided, that the revocation of a license or permit shall not be considered a recovery or penalty so as to bar any other penalty being enforced.

C. Whenever the doing of any act or the omission to do any act constitutes a breach of any section or provision of this City Code and there shall be no fine or penalty specifically declared for such breach, the provisions of this chapter shall apply and a separate offense shall be deemed committed upon each day during or on which a breach or violation occurs or continues.

1.04.040 Liability of officers.

No provision of this City Code designating the duties of any officer or employee shall be so construed as to make such officer or employee liable for any fine or penalty provided for a failure to perform such duty, unless the intention of the Council to impose such fine or penalty on such officer or employee is specifically and clearly expressed in the section creating the duty. (1977 Code)