Chapter 1.30
CRIMINAL PENALTIES – INFRACTION CITATIONS
Sections:
1.30.010 Criminal penalties.
1.30.020 Prosecutorial discretion.
1.30.030 Citation procedure.
1.30.010 Criminal penalties.
A. Misdemeanor. A person who violates a provision of this code, or who fails to comply with a requirement of this code, is guilty of a misdemeanor, unless the violation is specifically identified in this code as an infraction or unless the violation is charged as an infraction by the city attorney under PHMC § 1.30.020.
A misdemeanor is punishable by a fine not exceeding $1,000, or imprisonment not exceeding six months, or both. (Govt. Code §§ 36900, 36901.)
B. Infraction. A person who violates a provision of this code, or who fails to comply with a requirement of this code, is guilty of an infraction if the violation is specifically identified in this code as an infraction, or if it is charged as an infraction by the city attorney under PHMC § 1.30.020.
An infraction is 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 code provision within a 12-month period;
3. A fine not exceeding $500.00 for each additional violation of the same code provision within a 12-month period. (Govt. Code § 36900.)
An offense, which would otherwise be an infraction, is a misdemeanor if a person has been convicted of two or more violations of the same code provision within a 12-month period. For the purpose of this subsection, a bail forfeiture is considered a conviction of the offense charged.
An infraction is not punishable by imprisonment. A person charged with an infraction is not entitled to a jury trial or to a public defense unless arrested and not released.
Every day a violation of this code continues constitutes a separate offense. (Ord. 782 § 1, 2004; 1991 code § 1-6.1)
1.30.020 Prosecutorial discretion.
Whenever the code declares a certain violation to be punishable as a misdemeanor, the city attorney or prosecuting attorney, in his or her sole discretion, has the authority to declare and prosecute the violation as an infraction. (Ord. 782 § 1, 2004; 1991 code § 1-6.2)
1.30.030 Citation procedure.
A. If a person is arrested for a violation of this code and is not immediately taken before a magistrate, the citation procedures in Penal Code section 853.6 shall apply.
B. It is unlawful, and a misdemeanor, for a person who is criminally cited for an infraction or a misdemeanor under this code to refuse to sign a written promise to appear.
C. The procedures in Penal Code sections 853.5 through 853.8 apply. (Ord. 782 § 1, 2004; 1991 code § 1-6.3)