[Ord. 797, eff. November
27, 1986; § 2, Ord. 899-93, eff. September 2, 1993]
(a)
No person shall violate any provisions, or fail to comply with any
of the requirements of this Code. Any person violating any of the
provisions or failing to comply with any of the requirements 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 or
to be punishable by imposition of specified civil penalties. 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 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
any 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 for a first violation;
(2)
A fine not exceeding $200 for a second violation of the same
provision of this Code within one year;
(3)
A fine not exceeding $500 for each additional violation of the
same provision of this Code within one year.
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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.
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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, and every day such condition continues
shall be regarded as a new and separate offense.
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Whenever in this Code any act or omission is made unlawful,
it shall include causing, permitting, aiding, abetting, suffering,
or concealing the fact of such act or omission.
The provisions of this Code which declare certain crimes to
be punishable as therein mentioned devolve a duty upon the court authorized
to pass sentence to determine and impose the punishment described.
Whenever in this Code the punishment for a crime is left undetermined
between certain limits, the punishment to be inflicted in a particular
case shall be determined by the court authorized to pass sentence,
within such limits as may be prescribed by this Code.
[§ 1, Ord. 265]
There is hereby established in the City of Avalon a City Jail
to be located at Falls Canyon, which City Jail is hereby declared
to be and is hereby designated as a jail and place wherein shall be
confined any person ordered committed for the violation of any laws
of the City or laws of the State properly within the jurisdiction
of the City of Avalon. Every person found guilty of violating any
of the provisions of this Code and sentenced to imprisonment shall
be imprisoned in the City Jail or County Jail.
[§ 1, Ord. 412]
Persons confined in the City Jail pursuant to a final judgment
of imprisonment for violation of or failure to comply with any of
the provisions of any law of the City or any penal provision of the
State or for any violation of any of the provisions of this Code may
be required by the Chief of Police to perform clerical or menial labor
on the streets or other public property or works within the City of
Avalon.
As used in this section, "streets or other public property or
works within the City of Avalon" shall include, among other things,
the City Jail or any camp maintained within the City.
[§ 1, Ord. 835, eff. December 1, 1988; § 2, Ord. 1135-14, eff. January 1, 2015]
The amount of any fee, charge, fine, penalty, utility charge,
license or tax of any nature whatsoever imposed by any provision of
this Code shall be deemed a civil debt owing to the City. An action
may be commenced in the name of the City in any court of competent
jurisdiction for the collection of the amount of any such fee, charge,
fine, penalty, utility charge, license or tax. The remedy prescribed
by this section shall be cumulative and the use of an action to collect
such an amount as a debt by civil action shall not ban the use of
any other remedy provided by this Code or by law.
The City shall be entitled to all costs and attorneys'
fees it incurs in enforcing the Code and in any collection action
pursuant to the Code.
