Chapter 1.12
GENERAL PENALTY**

Sections:

1.12.010    Penalty for violations.

**    For statutory provisions authorizing cities to impose fines up to five hundred dollars or imprisonment up to six months, or both, see Gov. Code § 36901. For the provisions allowing cities to require prisoners to labor on public property or works within the city, see Gov. Code § 36904.

1.12.010 Penalty for violations.

It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this code.

(a)    Misdemeanor. Except as otherwise provided by this code or state law, any person violating any of the provisions or failing to comply with any of the mandatory requirements of this code is guilty of a misdemeanor. Unless a different penalty is provided by this code, any person convicted of a misdemeanor shall be punishable by a fine of not more than one thousand dollars or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment.

(b)    Infraction. This code provides that violations of Sections 7.04.020, 7.04.030 and 7.04.040 of Chapter 7.04 Garbage and Rubbish Disposal; Chapter 7.30 Smoking, Regulated or Prohibited; 8.06 Noise; 8.07 Leaf Blowers; 8.20 Storage in Yards; Section 8.28.130 of Chapter 8.28, Parks and Recreation; 8.40 Open Containers; 8.44 Signs—Public Property/Elections; 11.60 Abandoned, Wrecked, Dismantled or Inoperative Vehicles; 11.62 Repair of Vehicles; and 16.92 Signs—Outdoor Advertising; and Title 9 Animals, except as specifically stated in such Title, are infractions. Unless a different penalty is provided by this code, any person convicted of an infraction for a violation of this code shall be punished upon a first conviction by a fine not exceeding fifty dollars, for a second conviction for the violation of the same section of this code within a period of one year from the date of the first violation by a fine not exceeding two hundred dollars, and for a third conviction for the violation of the same section of this code within a period of one year from the date of the first violation by a fine not exceeding five hundred dollars. Any violation of a section of this code in excess of three violations of the same section within a period of one year from the date of the first violation, shall be a misdemeanor.

(c)    Separate Offense. Each person is 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 punished accordingly.

(d)    Public Nuisance. In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this code is a public nuisance and may be summarily abated as such by the city. Each day that such condition continues shall be regarded as a new and separate offense. (Ord. 1017 § 3, 2016; Ord. 895 § 4, 1999; Ord. 890 § 2, 1999; Ord. 877 § 2, 1996; Ord. 817 § 1, 1991; Ord. 815 § 4, 1990; Ord. 795 § 1, 1989; Ord. 762 § 1, 1987; Ord. 724 § 2, 1986).