Chapter 1.16 GENERAL PENALTY

CHAPTER 1.16
GENERAL PENALTY

SECTION:

1.16.010 General Penalty; Misdemeanors Or Infractions

1.16.010 GENERAL PENALTY; MISDEMEANORS OR INFRACTIONS:

A. Misdemeanors:

1. It shall be unlawful for any person to violate any provision, or to fail to comply with any of the requirements, of this code. A violation of any of the provisions or failing to comply with any of the mandatory requirements of this code shall constitute a misdemeanor, except that, notwithstanding any other provision of this code, any such violation constituting a misdemeanor may, in the discretion of the enforcing authority, be charged and prosecuted as an infraction.

2. Any person convicted of a misdemeanor under the provisions of this code shall be punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in the county jail for a period not exceeding six (6) months, or by both such fine and imprisonment.

B. Infractions: The commission of an infraction shall be punishable by:

1. A fine not exceeding one hundred dollars ($100.00) for a first violation;

2. A fine not exceeding two hundred dollars ($200.00) for a second violation of the same ordinance within one year;

3. A fine not exceeding five hundred dollars ($500.00) for each additional violation of the same ordinance within one year.

C. Separate Offense For Each Day Of Violation: A 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 is committed, continued, or permitted by such person and shall be punished accordingly.

D. Nuisance Abatement: 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 the city, summarily abated as such, and each day such condition continues shall be regarded as a new and separate offense. (1972 Code § 1.12.040)

1.16.020 CITATIONS; COURT APPEARANCES:

A. Issuance Of Notice To Appear: If any person is arrested for violations of any provision of this code, and such person is not immediately taken before a magistrate as prescribed by the penal code, 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 when and where such person shall appear in court, which shall be a date at least ten (10) days after the date of arrest.

B. Signing Notice To Appear; Release: The arresting officer shall deliver one copy of the notice to appear to the arrested person, and the arrested person, in order to secure release, must provide his/her 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 from custody. The arresting officer shall, as soon as practicable, file the duplicate notice with the magistrate specified therein.

C. Warrant Issuance Conditions: No warrant shall issue on such charge for the arrest of a person who has given such written promise to appear in court unless and until he has violated such promise or failed to deposit such bail, to appear for arraignment, trial, judgment, or to comply with the terms of the judgment as required by law. (1972 Code § 1.12.010)

1.16.030 FAILURE TO APPEAR, MISDEMEANOR:

Any person wilfully violating his/her written promise to appear in court is guilty of a misdemeanor, regardless of the disposition of the charge upon which he was originally arrested. (1972 Code § 1.12.020)

1.16.040 WARRANT FOR ARREST:

A. Issuance And Delivery Of Warrant: 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 California Penal Code section 853.6, the magistrate shall issue and have delivered for execution a warrant for his/her arrest within twenty (20) days after his/her failure to appear as promised, or if such 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 the foregoing shall be done within twenty (20) days after the delivery of such written promise to appear by the officer to a magistrate having jurisdiction over the offense.

B. Written Promise To Appear Delivered To Magistrate: When such person violates his/her 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. (1972 Code § 1.12.030)