Note: Prior ordinance history: Ords. 1, 660, 763, 802, 914, 923 and 1007.
A. 
No person, firm, corporation, or other responsible entity shall violate any provision, restriction, or requirement of this Code or any code adopted by reference herein, any ordinance of the City, any rule or regulation promulgated pursuant thereto, or any condition of any permit, license, or other entitlement issued pursuant to this Code. Any person, firm, corporation, or other responsible entity who violates any provision, restriction, or requirement of this Code or any code adopted by reference herein, any ordinance of the City, any rule or regulation promulgated pursuant thereto, or any condition of any permit, license, or other entitlement issued pursuant to this Code shall be guilty of a misdemeanor, unless:
1. 
Such requirement is classified as an infraction by the California Vehicle Code, this Code, or any ordinance of the City;
2. 
The prosecuting attorney files a complaint charging the offense as an infraction;
3. 
A public officer or employee designated in, or pursuant to, Section 1.08.050 of this chapter issues a citation charging the offense as an infraction; or
4. 
After filing of a misdemeanor complaint, the court, based solely upon motion of the People, reduces the charge to an infraction, and the defendant does not object to having the case proceed as an infraction.
B. 
Any person convicted of a misdemeanor under the provisions of this Code shall be punishable by a fine not to exceed $1,000.00, or by imprisonment in the City or County Jail for a period not to exceed six months or by both such fine and imprisonment.
C. 
Any person convicted of an infraction under the provisions of this Code shall be 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 ordinance within any consecutive 12-month period; (3) a fine not exceeding $500.00 for each additional violation of the same ordinance within any consecutive 12-month period.
(Prior code § 1-2.1; Ord. 1222 § 1, 11/28/11; Ord. 1377 § 2, 5/28/19)
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 summarily abated by the City. Each day such condition continues shall be regarded as a new and separate offense.
(Prior code § 1-2.2)
The violation of any administrative provisions of this Code, any ordinance of the City, any rule or regulation promulgated pursuant thereto 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 rules and regulations of the City.
(Prior code § 1-2.3)
Whenever any act or omission is prohibited by any provision of this Code, any ordinance of the City, any rule or regulation promulgated by the City pursuant thereto or any condition of any permit issued by the City pursuant thereto, such prohibition shall be deemed to prohibit the causing, permitting, aiding, abetting, suffering or concealing of such act or omission, and any person who shall cause, permit, aid, abet, suffer or conceal such act or omission shall be guilty of a violation of this Code and shall be punishable in accordance with the punishment prescribed for such act or omission.
(Prior code § 1-2.4)
In order to enforce certain provisions of this Code, State statutes, ordinances of the City, rules or regulations promulgated by the City and conditions of permits issued by the City, violations of which are classified as misdemeanors or infractions, the City Manager is hereby authorized to designate certain public officers and employees of the City as "special officers" with citation authority for the purpose of enforcing those particular provisions.
The authority of these special officers may be limited to specific duties and/or be of limited duration.
Those persons herein granted citation authority will be trained and qualified as required by law and be specifically designated to do so by the City Manager.
Those individuals granted citation authority pursuant to this section shall have no authority to use firearms in their activity and shall have citation authority only when on duty, during their regular hours or when on special assignment at the direction of the City Manager or authorized designee.
(Prior code § 1-2.5)
Notwithstanding the provisions of Section 1.08.010, a fourth violation of the same provision of this Code, City ordinance, condition of a permit issued by the City, or rule or regulation adopted by the City within any consecutive 12-month period shall be punished as a misdemeanor. Such violations may also be redressed by civil action.
It shall constitute a new and separate offense for each and every day during any portion of which any violation of any provision of this Code, any City ordinance, any condition of a permit issued by the City or any rule or regulation adopted by the City is committed, continued, maintained or permitted by such person and shall be punishable accordingly.
(Prior code § 1-2.6)
Any person charged with or cited for an infraction under the provisions of this Code may admit his or her guilt and forfeit a bail amount in accordance with a schedule to be promulgated by a separate resolution of the City Council. In any case where a bail amount is not established by schedule, the bail amount shall be: (1) $50.00 for the first violation; (2) $100.00 for a second violation of the same Code provision, ordinance, permit condition or rule or regulation within any consecutive 12-month period; (3) $250.00 for each additional violation of the same Code provision, ordinance, permit condition or rule or regulation within any consecutive 12-month period. A bail schedule promulgated by the City Council shall remain in effect until modified or repealed. The City Council shall regularly review the bail schedule, provided, however, that failure to undertake such review shall not be deemed to affect the validity of such bail schedule.
(Prior code § 1-2.7)
A. 
In addition to any other general functions, powers, and duties given to the City Attorney by this Code or California law, the City Attorney will:
1. 
Prosecute on behalf of the people all criminal and civil cases for violations of this Code; any franchises or permits issued pursuant to this Code; City ordinances; and any State misdemeanors that the City Council elects to enforce.
2. 
Draft complaints for such cases and prosecute all recognizances and bail bonds forfeited arising from or resulting from the commission of such offenses.
3. 
Prosecute all actions for the recovery of fines, penalties, forfeitures, and other money accruing to the City under this Code or otherwise.
4. 
Represent the City in all appeals arising as a consequence of the City Attorney's prosecutions.
B. 
Notwithstanding any other provision of this Code, the City Attorney is the only officer that may file misdemeanor charges in accordance with this Code. The City Attorney may, in his or her discretion, prosecute misdemeanor violations of this Code as infractions.
C. 
Nothing contained in this section will interfere with the authority of public safety officials to arrest persons pursuant to any applicable provision of this Code and/or the California Penal Code.
(Ord. 1339 § 1, 6/12/17)