Chapter 1.08
GENERAL PENALTY1
Sections:
1.08.010 Violation declared misdemeanor.
1.08.020 Each day considered separate offense.
1.08.050 Misdemeanor/infraction.
1.08.010 Violation declared 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. (Prior code § 1-301).
1.08.020 Each day considered separate offense.
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. (Prior code § 1-303).
1.08.030 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 $1,000, or by imprisonment in the county jail for a period of not more than six months, or both. Under Section 36903 of the Government Code, imprisonment in the county jail is prescribed as a place for imprisonment for each violation of this code and of any ordinance. The penalties imposed by this section shall be in addition to any other prescribed penalties, costs, fees or civil actions and the city may recover reasonable attorneys’ fees, witness fees, court costs, and fees and all other expenses of litigation incurred by the city and resulting from any action brought against a person violating this code. (Ord. 03-9 § 1; prior code § 1-302).
1.08.040 Nuisances.
In addition to the penalties provided, any condition caused or permitted to exist in violation of a provision of the code is a public nuisance and may be summarily abated as such. Each day that the condition continues is a new and separate offense. (Prior code § 1-304).
1.08.050 Misdemeanor/infraction.
A violation of this code may be made an infraction instead of a misdemeanor by:
A. The city attorney filing a complaint in court specifying that the offense is an infraction;
B. The issuing of a citation specifying that the violation is an infraction; or
C. The city attorney making a motion in court to reduce a misdemeanor to an infraction if such motion is made prior to the trial on the matter. (Ord. 03-9 § 2).
For statutory provisions authorizing cities to impose fines up to $500.00 or imprisonment up to six months, or both such fine and imprisonment, see Government Code § 36901; for statutory provisions authorizing the reduction of city ordinance violations to infraction, see Government Code § 36900.