Any violation expressly declared to be punishable, in the discretion
of the court, by either a fine, or by a fine or imprisonment, or both,
shall become an infraction for all purposes under any of the following
circumstances:
(a)
Where
a judgment imposes a punishment of a fine not exceeding $100 in the
case of a first offense;
(b)
When
the court grants probation to a defendant without the imposition of
a sentence and, at the time of granting probation, or on application
of the defendant or probation officer thereafter, the court declares
the offense to be an infraction; or
(c)
When
the City Attorney files in a court having jurisdiction over misdemeanor
offenses a complaint specifying that the offense is an infraction,
unless the defendant, at the time of his or her arraignment or plea,
objects to the offense being made an infraction, in which event the
complaint shall be amended to charge the misdemeanor, and the case
shall proceed on the misdemeanor complaint.
(Ord. 10 § 27, 1979; Ord. 90 § 2, 1984)
Any violation of the provisions of this Code, as amended from time to time, shall be deemed an infraction, unless deemed a misdemeanor pursuant to Section 1-3.03 relating to prior convictions, or unless deemed a misdemeanor by the City Attorney when the complaint is filed with the Clerk of the Municipal Court, or unless specifically deemed a misdemeanor by this Code.
Any offense which would otherwise be an infraction shall be
a misdemeanor if a defendant has been convicted of three or more violations
of this Code, or of any ordinance of the City, or of any Code adopted
by reference by this Code within a 12 month 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.
(Ord. 10 § 28, 1979)
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.
(Ord. 10 § 30, 1979)
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.
(Ord. 10 § 31, 1979)
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,
with-in such limits as may be prescribed by this Code.
(Ord. 10 § 32, 1979)
Every person found guilty of violating any of the provisions
of this Code and sentenced to imprisonment shall be imprisoned in
the County Jail.
(Ord. 10 § 33, 1979)
The amount of any fee, service charge, 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 delinquent or unpaid fee,
service charge, utility charge, license, or tax, together with any
penalties applicable thereto as prescribed by this Code. 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
bar the use of any other remedy provided by this Code or by law for
the purpose of enforcing the provisions thereof.
(Ord. 10 § 34, 1979)
The violation of any administrative provision of this Code by
any officer or employee of the City may be deemed a failure to perform
the duties or to observe the rules or regulations of the department,
office, or board within the meaning of the rules and regulations of
the City or of the civil service regulations of the City.
(Ord. 10 § 35, 1979)
