CHAPTER 2
PENALTY PROVISIONS
Sections:
§ 1201 Penalties and Arrests for Violation of This Code and Other City Ordinances.
§ 1202 Seizure of Personal Property Used in Certain Violations of This Code.
1200 Violations.
(a) Misdemeanors. No person shall violate any provision, or fail to comply with any requirement, of this Code. Any person violating any provision or failing to comply with any mandatory requirement of this Code shall be guilty of a misdemeanor unless such violation or failure to comply is expressly stated by this Code to be an infraction. Any person convicted of a misdemeanor under the provisions of this Code shall be punishable by a fine of not more than $1,000, or by imprisonment in the County Jail for a period not exceeding six (6) months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which violation of any provision of this Code is committed, continued, or permitted by such person and shall be punishable accordingly.
(b) Infractions. Any person violating any provision or failing to comply with any mandatory requirement of this Code expressly stated by this Code to be an infraction shall be guilty of an infraction. Any person convicted of an infraction shall be punishable by:
(1) A fine not exceeding $100.00 for a first violation;
(2) A fine not exceeding $200.00 for a second violation of the same provision of the Code within one (1) year;
(3) A fine not exceeding $500.00 for each additional violation of the same provision of this Code within one (1) year.
Each person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Code is committed, continued or permitted by such person and shall be punishable accordingly.
In addition to the penalties hereinabove provided, 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, by this City, summarily abated as such. (Ord. 79-479, § 1; Ord. 76-373, § 1; Ord. 2, § 1200; Ord. 87-803, § 1)
1201 Penalties and Arrests for Violation of This Code and Other City Ordinances.
If any person is arrested for the violation of this Code or any ordinance of this City, and such person is not immediately taken before a magistrate, as is more fully set forth in the Penal Code of the State of California, the arresting officer shall prepare, in duplicate, a written notice to appear in court, containing the name and address of such person, the offense charged, and the time and place where and when such person shall appear in court.
1. Time Specified. The time specified in the notice to appear shall be not less than five (5) days after such arrest.
2. Place Specified. The place specified in the notice to appear shall be either:
a. Before a judge of a justice court, or municipal court judge within this County who has jurisdiction of the offense and who is nearest and most accessible with reference to the place where the arrest is made; or
b. Upon demand of the person arrested, before a judge of the municipal court of the Los Angeles judicial district, or before a judge of a justice court, or municipal court in the judicial district in which the offense is alleged to have been committed; or
c. Before an officer authorized to receive a deposit of bail.
3. Written Promise. The officer shall deliver one (1) copy of the notice to appear to the arrested person and the arrested person, in order to secure a release, must give his written promise so to appear in court by signing the duplicate notice, which shall be retained by the officer. Thereupon, the arresting officer shall forthwith release the person arrested from custody.
4. Duplicate Notice. The officer shall, as soon as practicable, file a duplicate notice with the magistrate specified in such notice. The defendant may, prior to the date upon which he promised to appear in court, deposit with the magistrate the amount of bail set by such magistrate. Thereafter, at the time when the case is called for arraignment before the magistrate, if the defendant does not appear, either in person or by counsel, the magistrate may declare the bail forfeited and may at his discretion order that no further proceedings shall be had in such case. Upon the making of such order that no further proceedings be had, all sums deposited as bail shall forthwith be paid into the City Treasury.
5. Warrants. A warrant shall not issue on such charge for the arrest of a person who pursuant to the provisions of this Section has given such written promise to appear in court unless and until he has violated such promise, or has failed to deposit bail, to appear for arraignment, trial or judgment, or to comply with the terms and provisions of the judgment as required by law.
6. Misdemeanors. Every person willfully violating his written promise to appear in court is guilty of a misdemeanor regardless of the disposition of the charge upon which he was originally arrested.
7. Failure to Appear. When a person signs a written promise to appear at the time and place specified in the written promise to appear and has not posted bail as provided in subsection 4 of this Section, the magistrate shall issue and have delivered for execution a warrant for his arrest within twenty (20) days after his failure to appear as promised. If a person promises to appear before an officer authorized to accept bail other than a magistrate and fails to do so on or before the date which he promised to appear, then within twenty (20) days after the delivery of such written promise to appear by this officer to a magistrate having jurisdiction over the offense, such magistrate shall issue and have delivered for execution a warrant for his arrest. When such person violates his promise to appear before an officer authorized to receive bail other than a magistrate, the officer shall immediately deliver to the magistrate having jurisdiction over the offense charged the written promise to appear and the complaint, if any, filed by the arresting officer.
8. Authority. The provisions of this Section, except this subsection 8 hereof, have been enacted pursuant to the provisions of Sections 853.1, 853.2, 853.3 and 853.4 of the Penal Code of the State of California. (Ord. 2, § 1201)
1202 Seizure of Personal Property Used in Certain Violations of This Code.
An arresting officer, in connection with making an arrest, or a City of Carson Code Enforcement Officer, in connection with issuing a citation to any person for violation of CMC 4118, 4118.1, 4118.2, 4125, 4126 or 4147, may seize and take into possession personal property not to exceed $1,000 in value in the possession or control of such person and used or involved in the commission of the violation for which the arrest is made or citation issued, if the act or conduct for which such arrest is made or citation is issued has caused, or resulted in, or is causing or resulting in, or is in the immediate proximity of any vehicular or pedestrian traffic congestion, an automobile accident or other emergency situation, a parade, demonstration, or public or other event attended by an assembly or gathering of a large number of persons, or in the event of imminent danger to the person with respect to whom the citation is issued or arrest is made.
(a) The officer or Code Enforcement Officer seizing personal property pursuant to the provisions of this Section shall issue a receipt therefor to the person from whose possession or control such property is taken and cause such property to be stored in the control of the City for safekeeping. Said receipt shall contain a notice stating in substance that the person claiming ownership of said property may file a written claim therefor with the Director of Public Safety of the City of Carson, at the City Hall within ten (10) days after date of such seizure, and that in the absence of receipt of such a claim within said time said personal property shall escheat to and become the property of the City of Carson and may be disposed of by the City without further notice. One (1) copy of said receipt and notice shall be attached to the copy of the complaint or citation filed with the court. Such claim shall set forth the name, address and fact of ownership of such property.
(b) If a written claim is filed with the Director of Public Safety in accordance with the requirements of subsection (a), a hearing shall be held by the Director of Public Safety or his designee within ten (10) days after such claim is filed. If the ownership of such property is established by credible evidence as determined by the hearing officer, the property shall be released to the owner thereof. If the hearing officer shall find that the ownership of such property has not been so established, the hearing officer shall deny the claim. The claimant may file a written appeal from such denial with the City Administrator of the City. The City Administrator or his designee shall conduct a hearing or such appeal within seven (7) days after the filing of such appeal.
(c) The City may impose a reasonable storage fee to cover the cost of storing personal property seized pursuant to this Section. The release of said property shall be conditioned upon full payment of the applicable fee.
(d) The City is not liable for the deterioration or depreciation of seized personal property while in the City’s custody. (Ord. 90-908U, § 1; Ord. 90-908, § 1)