Note: Prior history: Prior code §§ 1-2.01—1-2.05; Ords. 1758-75 and 2198-86.
(a) 
It is unlawful for any person to violate any provision or fail to comply with any requirement of this code or any requirements or conditions validly imposed upon such person under the authority of this code. Any person violating any of the provisions of this code, failing to comply with any of the mandatory requirements of this code, or failing to comply with any requirements or conditions validly imposed under authority of this code is guilty of a misdemeanor unless such action or inaction shall be designated and declared to be an infraction. 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 or any requirement or condition validly imposed upon such person under authority of this code is committed, continued or permitted by such person and shall be punishable accordingly.
(b) 
Violations of the following provisions are infractions:
(1) 
Title 5: Chapters 5.16, 5.24, 5.26, 5.28, 5.32, and 5.38;
(2) 
Title 6: Entire title except Sections 6.08.100 through 6.08.130 and Section 6.16.060;
(3) 
Title 8;
(4) 
Title 9: Chapter 9.24, except Section 9.24.180; Chapters 9.26, 9.28, 9.42, 9.52, 9.54, 9.58, 9.60, 9.62, 9.64, 9.66, and 9.84;
(5) 
Title 10: Chapters 10.08 through 10.60, with the exception of sections set forth in subsection (c) herein, and Chapter 10.62;
(6) 
Title 13: Chapter 13.16;
(7) 
Title 16, except Chapters 16.52 and 16.62;
(8) 
Title 18: Section 18.20.080;
(9) 
Title 19: Entire title except Chapters 19.67 and 19.69.
(c) 
Violations of the following sections shall not be deemed infractions, but rather shall be subject to civil penalties in accordance with a schedule of penalties established by the city, and procedures as set forth in Vehicle Code Section 40203.5 and following, or as the same shall be later amended: Sections 9.24.180, 10.16.020, 10.16.040, 10.16.050, 10.16.060, 10.16.080, 10.16.090, 10.16.110, 10.16.120, 10.16.140, 10.16.150, 10.16.160, 10.16.170, 10.24.010, 10.24.015, 10.24.020, 10.24.030, 10.36.040(b), 10.36.050, 10.36.060, 10.36.065, 10.36.070, and 10.36.090.
(d) 
Notwithstanding the above, a violation shall be deemed an infraction if it is deemed an infraction by any other provision of this code; if a citation is issued specifying that the violation is an infraction; if the city attorney files a complaint in the Superior Court specifying that the offense is an infraction; or if the city attorney makes a motion to reduce a misdemeanor charge to an infraction prior to trial on the matter.
(Ord. 2422-92 § 1; Ord. 2438-93 § 1; Ord. 2477-94 § 3; Ord. 2478-94 § 2; Ord. 2976-12 § 3; Ord. 2998-13 § 1; Ord. 3048-14 § 1; Ord. 3186-21 § 2; Ord. 3220-23, 9/26/2023)
(a) 
Any person convicted of a misdemeanor under the provisions of this code shall be punishable by a fine of not more than one thousand dollars or imprisonment in the county jail for not more than six months, or by both such fine and imprisonment, as determined by a court of competent jurisdiction.
(b) 
Any person convicted of an infraction under the provisions of this code shall be punished as follows:
(1) 
Any pedestrian convicted of a violation of Title 10 shall be punishable by a fine not exceeding fifty dollars;
(2) 
Any person other than a pedestrian convicted of a violation of Title 10 shall be punishable by a fine of not more than one hundred dollars; for a second infraction occurring within one year of a prior infraction which resulted in a conviction, by a fine not exceeding two hundred dollars; for a third or any subsequent infraction occurring within one year of two or more prior infractions which resulted in convictions, by a fine not exceeding two hundred fifty dollars;
(3) 
Any person convicted of an infraction for which a specific amount is not specified shall be punishable by a fine in accord with Government Code Section 36900, as determined by a court of competent jurisdiction.
(c) 
Any offense which would otherwise be an infraction is a misdemeanor if a defendant has been convicted of three or more violations within a one-year period immediately preceding the commission of the offense and such prior convictions are admitted by the defendant or alleged in the accusatory pleading. For this purpose, a bail forfeiture shall be deemed to be a conviction of the offense charged.
(d) 
In addition to the punishment provided by law, a violator is liable for such costs, expenses and disbursements paid or incurred by the city or any agent or contractor in correction, abatement or prosecution of the violation.
(Ord. 2464-94 § 1; Ord. 2422-92 § 1)
In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this code or any requirements or conditions validly imposed under authority of this code is a public nuisance and may be, by this city, summarily abated, and each day such condition continues shall be regarded as a new and separate offense.
(Ord. 2422-92 § 1)
(a) 
A violation of the Sunnyvale Municipal Code may be enforced by a peace officer in any manner authorized by law.
(b) 
Pursuant to California Penal Code Section 836.5, non-sworn public safety employees designated by the director of public safety are authorized to make arrests for violations of such sections of the Sunnyvale Municipal Code and other city ordinances that they are charged with enforcing as determined by the director of public safety, and may issue citations for misdemeanors and infractions for said violations pursuant to California Penal Code Title 3, Chapter 5C (commencing with Section 853.5).
(c) 
The city manager shall have the power to designate by written order that particular officers and employees, in addition to those specified in this section, shall have the power to issue misdemeanor or infraction citations for violations of specified chapters of this code.
(Ord. 2422-92 § 1; Ord. 2477-94 § 4; Ord. 2883-08 § 1; Ord. 2987-12 § 1; Ord. 2998-13 § 2)
(a) 
The provisions of this code may be enforced by civil action.
(b) 
All remedies prescribed in this chapter are cumulative, and the use of one or more remedies by the city of Sunnyvale shall not bar the use of any other remedy for the purpose of enforcing the provisions hereof.
(Ord. 2422-92 § 1)
Any costs, expenses and disbursements paid or incurred by the city or any agent or contractor in correction, abatement or prosecution of the violation shall be deemed a debt due to the city. The city may maintain a civil action for the amount, together with its court costs or may file a lien against any property which was the subject of an enforcement action, or pursue any other available cost recovery mechanism.
(Ord. 2422-92 § 1)
The prevailing party in any civil action or proceeding to abate a public nuisance may recover its reasonable attorney's fees, provided that the city elected, at the initiation of such individual action or proceeding, to recover its own attorney's fees. In no action or proceeding shall an award of attorney's fees to a prevailing party exceed the amount of reasonable attorney's fees incurred by the city in the action or proceeding. A civil action or proceeding includes, but is not limited to, a civil action, inspection, abatement warrant proceeding, or appeal from an administrative proceeding. The city shall be deemed the prevailing party in the action or proceeding if a violation is shown to have existed at the time the action or proceeding is initiated by the city, even if the violation is abated prior to the conclusion of the proceeding or hearing. Any recovery of attorney's fees for abatement of a nuisance shall be in accordance with this section.
(Ord. 3185-21 § 1)