Chapter 1.12
GENERAL PENALTY

Sections:

1.12.010    Violations misdemeanors or infractions.

1.12.020    Certain conditions deemed nuisance – Abatement.

1.12.010 Violations misdemeanors or infractions.

A. It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this code or the provisions of any code adopted by reference by this code. Any person violating any of such provisions or failing to comply with any of the requirements of this code shall be guilty of a misdemeanor unless by the provisions of this code a violation is declared to be an infraction. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provisions of this code or of a city ordinance is committed, continued, or permitted by such person and shall be punishable accordingly.

B. Unless otherwise specifically provided in this code, any person convicted of a misdemeanor under the provisions of this code shall be punished by a fine of not more than $1,000 or by imprisonment in the city jail or county jail for a period not exceeding six months, or by both such fine and imprisonment.

C. Unless otherwise specifically provided in this code, or by Section 42001 of the Vehicle Code of the state, every person convicted of an infraction shall be punished upon a first conviction by a fine not exceeding $100.00, and for a second conviction within a period of one year by a fine not exceeding $200.00, and for a third or any subsequent conviction within a period of one year by a fine not exceeding $500.00.

D. Reductions from Misdemeanors to Infractions. Notwithstanding any other provision of this code or this section, with respect to any violation of this code deemed to be a misdemeanor, the city manager, the chief of police, the director of community development, the city attorney, or their designees shall have the discretion to reduce the charge for such violation from a misdemeanor to an infraction, when such reduction is deemed to be in the best interests of the city and of justice. (Ord. 693 § 2, 1998; Ord. 692-U § 2, 1998; Ord. 506 § 1, 1985; Ord. 316 § 3, 1973; prior code § 1107).

1.12.020 Certain conditions deemed nuisance – Abatement.

In addition to the penalties provided in BGMC 1.12.010, any condition caused or permitted to exist in violation of any of the provisions of this code shall be deemed a public nuisance and may be summarily abated as such by the city. Every day such condition continues shall be regarded as a new and separate offense. (Ord. 316 § 3, 1973; prior code § 1107).