Chapter 1.16
GENERAL PENALTY

Sections:

1.16.010    General penalty designated.

1.16.010 General penalty designated.

A. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this code or any permit or license approved pursuant to any provision of this code is guilty of a misdemeanor, unless the violation or failure to comply is specifically classified by this code as an infraction or unless such violation is subsequently prosecuted as an infraction, in the discretion of the enforcing authority, in which case such person is guilty of an infraction.

B. Except in cases where a different punishment is prescribed by any ordinance of the city, any person convicted of a misdemeanor for a violation of an ordinance of the city is punishable by a fine of not more than one thousand dollars, or by imprisonment not to exceed six months, or by both such fine and imprisonment.

C. Any person convicted of an infraction for violation of an ordinance of the city other than a violation of the building and safety codes is punishable by:

1. A fine not exceeding one hundred dollars for a first violation;

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

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

D. Notwithstanding any other provision of law, a violation of the city’s building and safety codes determined to be an infraction is punishable by (1) a fine not exceeding one hundred dollars for a first violation; (2) a fine not exceeding five hundred dollars for a second violation of the same ordinance within one year; and (3) a fine not exceeding one thousand dollars for each additional violation of the same ordinance within one year of the first violation.

E. A separate offense is committed each and every day during any portion of which any violation of any provision of the ordinances of the city is committed, continued or permitted, and each violation is punishable as a separate offense.

F. 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 every day such condition continues shall be regarded as a new and separate offense.

G. Any provision of this code may be prosecuted as a misdemeanor or as an infraction in the discretion of the city prosecutor. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 627 § 1, 2001; Ord. 495 § 2, 1989; Ord. 444 § 1, 1987)