Chapter 1.12
PENALTY PROVISIONS

Sections:

1.12.010    Misdemeanors – Infractions – Administrative citations.

1.12.020    Punishment.

1.12.030    Continuing violations.

1.12.040    Public nuisances.

1.12.050    Principals.

    Prior legislation: Ords. 83, 470 and 502.

1.12.010 Misdemeanors – Infractions – Administrative citations.

It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this code. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this code shall be guilty of a misdemeanor unless:

(A) The violation is classified as an infraction by the State Vehicle Code or this code in which case the person shall be guilty of an infraction; or

(B) The public prosecutor files a complaint charging the offense as an infraction; or

(C) A public officer or employee designated in or pursuant to PMC 1.16.010 issues a citation charging the offense as an infraction; or

(D) A public officer or employee designated in or pursuant to PMC 1.20.020 issues an administrative citation charging the offense as an administrative violation subject to administrative penalties in accordance with Chapter 1.20 PMC. (Ord. 1306 § 1, 2007; Ord. 854 § 1, 1990)

1.12.020 Punishment.

(A) Any person convicted of a misdemeanor under the provisions of this code, unless provision is otherwise herein made, shall be punishable upon a first conviction by a fine of not more than $1,000 or by imprisonment in the County Jail for a period of not more than six months, or by both such fine and imprisonment.

(B) Any person convicted of an infraction under the provisions of this code, unless provision is otherwise herein made, shall be punishable upon a first conviction by a fine of not more than $100.00, and for a second conviction within a period of one year by a fine of not more than $200.00, and for a third or any subsequent conviction within a period of one year by a fine of not more than $500.00.

(C) Any person found responsible for an administrative violation under the provisions of Chapter 1.20 PMC shall be subject to the administrative penalties set forth therein. (Ord. 1306 § 2, 2007; Ord. 854 § 1, 1990)

1.12.030 Continuing violations.

It shall constitute a new and separate offense for each and every day during any portion of which a violation of, or failure to comply with, any provision or requirement of this code is committed, continued, or permitted by any person, and such person shall be punished accordingly. (Ord. 854 § 1, 1990)

1.12.040 Public nuisances.

In addition to other penalties provided by law, any condition caused or permitted to exist in violation of any provision of this code shall be deemed a public nuisance and may be summarily abated as such by the City, and each day such condition continues shall constitute a new and separate offense. (Ord. 854 § 1, 1990)

1.12.050 Principals.

All persons concerned in the commission of any offense, whether it be misdemeanor, infraction or administrative violation subject to administrative penalties and whether they directly commit the act constituting the offense, or aid and abet in its commission, or, not being present, have advised and encouraged its commission, or knowingly allowed its commission, on property owned by such person, and all persons counseling, advising, or encouraging children under the age of 16 years, or mentally impaired persons, to commit any offense, or who, by fraud, contrivance, or force, occasion the drunkenness of another for the purpose of causing him to commit any offense, or who, by threats, menaces, command, or coercion, compel another to commit any offense, are principals in any offense so committed and are guilty of and responsible for any offense so committed. (Ord. 1313 § 1, 2007)