A.
It is unlawful for any person, firm, or corporation to violate any provision or fail to comply with any of the requirements of this Code. A violation of this Code shall constitute a misdemeanor except that, notwithstanding any other requirement of the Code (other than as set forth in Section 8.64.070(D)), any violation constituting a misdemeanor under this Code may, in the discretion of the City Attorney or other authorized enforcement officer, be charged and prosecuted as an infraction.
B.
Notwithstanding
any other provision of this Code to the contrary, any person, firm,
or corporation convicted of a misdemeanor shall be punished by a fine
of not more than $1,000.00 or by imprisonment in the county jail for
a period of not more than six months, or by both such fine and imprisonment.
Any person charged and convicted of an infraction under the provisions
of this Code is punishable pursuant to the fine schedule set forth
in Government Code Section 36900.
C.
Each
such person, firm, or corporation shall be guilty of a separate offense
for each and every day, during any portion of which, any violation
of this Code is committed, continued, or permitted by any such person,
firm, or corporation.
(1184 § 1, 1971; 1793 § 1, 1982; 1919 § 2, 1985; 2626 § 1,
2004; 2732 § 5, 2008; 2800 § 1, 2011)
If any person is arrested for a violation of any provision of
this Code and such person is not immediately taken before a magistrate,
as more fully set forth in the Penal Code of California, 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 such person shall appear in court.
(Prior code § 1202; 2800 § 1, 2011)
The time specified in the notice to appear must be at least
five days after the arrest. The place specified in the notice to appear
shall be either:
A.
Before
a superior court judge within the county in which the offense charged
is alleged to have been committed, and who has jurisdiction of the
offense and who is nearest and most accessible with reference to the
place where the arrest is made;
B.
Upon
demand of the person arrested, before a superior court judge having
jurisdiction of such offense, at the county seat of the county in
which such offense is alleged to have been committed;
C.
Before
a judge in the judicial district in which the offense is alleged to
have been committed; or
D.
Before
an officer authorized by the City to receive a deposit of bail.
(Prior code § 1203; 2800 § 1, 2011)
The officer shall deliver one copy of the notice to appear to
the arrested person, and the arrested person in order to secure release
must give his or her written promise 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 arrested
from custody. The officer shall as soon as practicable file the duplicate
notice with the magistrate specified therein.
(Prior code § 1204; 2800 § 1, 2011)
Any person willfully violating his or her written promise to
appear in court is guilty of a misdemeanor and shall be punished by
a fine not to exceed $500.00 or imprisonment in the county or city
jail for a term not to exceed six months, or by both such fine and
imprisonment, regardless of the disposition of the charge upon which
he or she was originally arrested.
(Prior code § 1205; 2800 § 1, 2011)
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 Section 853.6 of the Penal Code, the magistrate
shall issue and have delivered for execution a warrant for his or
her arrest within 20 days after his or her failure to appear as promised,
or if such person promises to appear before an officer authorized
to accept bail other than the magistrate and fails to do so on or
before the date which he or she promised to appear, then, within 20
days after the delivery of such written promise to appear by the officer
to the magistrate having jurisdiction over the offense.
(Prior code § 1206; 2800 § 1, 2011)
Nothing contained in this chapter shall be deemed or construed
to require any arresting officer to issue a citation instead of taking
the person arrested before a magistrate as otherwise provided by law.
(Prior code § 1207; 2800 § 1, 2011)
The violation of any administrative provisions of this Code
by any officer or employee of the City may be deemed a failure to
perform the duties under, or observe the rules and regulations of
the department, office, or board within the meaning of the ordinances
and rules and regulations of the City.
(Prior code § 1208; 2800 § 1, 2011)
Any continuing or repetitive violation of this Code or any state
law or regulation is declared to be a public nuisance and the City
Attorney or authorized legal representative may with approval of the
City Council commence an action for abatement thereof or other enforcement
relating thereto in the manner provided by law. A civil action may
be filed, whether or not criminal proceedings have been commenced
for the same conduct.
(2031 § 2, 1988; 2793 § 1, 2011; 2800 § 1, 2011)
