Any violation of the municipal code by a member of the public that is designated as a misdemeanor violation under the applicable municipal code provision shall be deemed a misdemeanor violation for purposes of this title.
(Ord. 504 § 2, 1999; Ord. 705 § 2, 2011)
The second and each subsequent violation of a municipal code provision by a member of the public that would otherwise be an infraction violation within a twelve-month period commencing upon the date of the first violation shall be deemed a misdemeanor violation.
(Ord. 504 § 2, 1999; Ord. 776 § 60, 2016)
A separate offense occurs for each day a misdemeanor violation is continued and/or maintained.
(Ord. 504 § 2, 1999)
The city attorney shall have the discretion to reduce any misdemeanor violation to an infraction violation.
(Ord. 504 § 2, 1999)
Any code compliance officer or other agent who has a duty to enforce any provision of this title and who has reasonable cause to believe that a person has committed a misdemeanor violation in the presence of said officer or agent, may arrest the alleged violator without a warrant.
(Ord. 504 § 2, 1999; Ord. 776 § 61, 2016)
Any code compliance officer or other authorized enforcement agent who arrests a person for a misdemeanor violation pursuant to Section 13.70.035 shall, in lieu of taking the arrested person into custody, prepare, or cause to be prepared, in duplicate, an infraction field citation which shall provide a written notice to appear in court, and which shall contain the name and address of the arrested person, the offense charged, and the time when, and the place where, the arrested person shall appear in court. The arresting officer or agent shall release the arrested person and issue a misdemeanor field citation provided that: (1) the arrested person presents his or her driver's license or other satisfactory evidence of his or her identity to the officer or agent; and (2) the arrested person signs a written promise to appear at court at a later date and time which shall be specified on the field citation. The arresting officer or agent shall deliver one duplicate copy of the field citation to the arrested person and shall retain the original signed citation. If the arrested person does not have a driver's license or other satisfactory evidence of identity in his or her possession, the arresting officer or agent may require the arrested person to place a right thumbprint, or a left thumbprint or fingerprint if the person has a missing or disfigured right thumb, on the field citation.
(Ord. 504 § 2, 1999; Ord. 776 § 62, 2016)
Any person who is placed under arrest in accordance with Section 13.70.040 who refuses to sign the field citation, or who is unable or unwilling to produce satisfactory identification, or is unable or unwilling to provide a thumbprint or fingerprint shall be taken into custody by the arresting code compliance officer or other authorized enforcement agent pursuant to Penal Code Section 853.5.
(Ord. 504 § 2, 1999; Ord. 776 § 63, 2016)
Whenever a code compliance officer or authorized agent has reasonable cause to believe that a misdemeanor violation is being committed and the alleged violator cannot be served with a field citation for any reason, the city attorney may file a criminal misdemeanor complaint against the alleged violator at the request of the code enforcement chief or any other enforcement authority.
(Ord. 504 § 2, 1999; Ord. 776 § 64, 2016)
Upon the filing of a criminal complaint for zoning or other land use related violations, the code compliance chief or any other enforcement authority, or designee, may file a notice of pending action in the county recorder's office to prevent the owner from transferring the subject property or premises to another person or entity without first correcting the outstanding violation and reimbursing the city for any and all costs incurred by the city in its attempt to remedy the violation. Once the action is completed and the city is reimbursed for any costs incurred by the city in its attempt to remedy the subject violation, the code compliance chief, or designee, shall file a withdrawal of the notice with the county recorder's office.
(Ord. 504 § 2, 1999; Ord. 776 § 65, 2016)
Every municipal code violation determined to be a misdemeanor violation is punishable by a fine in an amount not to exceed one thousand dollars and/or imprisonment for a period not to exceed six months.
(Ord. 504 § 2, 1999)
Upon conviction of any misdemeanor violation, the convicted violator shall be required to pay all applicable civil fines in addition to any misdemeanor penalties set forth in Section 13.70.080.
(Ord. 504 § 2, 1999)
Nothing in this title is intended to prohibit or preclude the city from seeking and recovering restitution in any misdemeanor violation proceeding.
(Ord. 504 § 2, 1999)
Pursuant to California Government Code Section 36904, persons imprisoned for a misdemeanor violation under this chapter may be required to labor on public property or public works projects within the city of Cathedral City.
(Ord. 504 § 2, 1999)
The prevailing party in any misdemeanor violation proceeding associated with the abatement of a public nuisance shall be entitled to recovery of attorneys' fees incurred in any such proceeding. In no action, administrative proceeding, or special 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.
(Ord. 504 § 2, 1999; Ord. 776 § 66, 2016)