A. Whenever
in this code or in any ordinance of the city, or in any rule, regulation
or order promulgated by any officer or agency of the city under authority
duly vested in him or it, any act is prohibited or is made or declared
to be unlawful or an offense or a misdemeanor or an infraction, or
the doing of any act is required, or the failure to do any act is
declared to be unlawful or an offense or a misdemeanor or an infraction,
where no specific penalty is provided therefor, the violation of any
such provisions of this code or any ordinance of the city, or any
such rule, regulation or order shall be a misdemeanor or an infraction,
at the discretion of the city attorney or the district attorney.
B. Every
day any violation of this code or any ordinance of the city or any
such rule, regulation or order continues, constitutes a separate offense.
C. Whenever
in this code any act or omission is made unlawful, it includes causing,
permitting, aiding, abetting, suffering or concealing such act or
omission.
(Prior code § 1-7; Ord. 922 § 1, 1990)
Every misdemeanor offense shall be punishable by a fine not
exceeding five hundred dollars, or imprisonment for a term not exceeding
six months, or by both such fine and imprisonment.
(Prior code § 1-8; Ord. 922 § 1, 1990)
A. Every
offense in this code prosecuted as an infraction shall be punishable
by a fine not exceeding one hundred dollars for the first offense,
a fine not exceeding two hundred dollars for the second offense of
the same provision within one year and a fine not exceeding five hundred
dollars for each additional offense of the same provision within one
year.
B. As used
in this section, "year" means any consecutive twelve-month period.
C. As used
in this section, "offense" includes any violation of the code which
is cited or charged and which does not result in:
2. A
finding of "not guilty";
3. A
dismissal of charge by the city or the court.
D. Notwithstanding
any other provision of this code, when a person under the age of eighteen
years is charged with a violation of this code, and a peace officer
issues a notice to appear in superior court to that minor, the charge
shall be deemed an infraction unless the minor requests that a petition
be filed under Section 601 or 602 of the Welfare and Institutions
Code. The amount of fine imposed shall be set by the court.
(Ord. 922 § 1, 1990; Ord. 1026 § 1, 1995)
Upon discovery of an apparent violation of the standards of
this code, the director of community development may cause an investigation
to be carried out, using such instruments as may be necessary. If
such investigation indicates that a violation exists, the violator
may be cited by the city employees granted citation authority in this
code or may be charged by the district attorney. Additionally, the
violation may be dealt with by civil action such as restraining orders,
injunctions, abatement proceedings, or the like. No person shall interfere
with, oppose or resist any authorized person charged with the enforcement
of this code while such person is engaged in the performance of his
duty.
(Ord. 922 § 1, 1990)
In addition to the penalties provided in Section
1.12.010 any condition caused or permitted to exist or any act or activity done or caused or permitted to be done in violation of the provisions of this code or any ordinance of the city or any rule, regulation or order promulgated pursuant thereto, is a public nuisance and may be abated by civil proceedings such as restraining orders, civil injunctions, abatement proceedings or the like.
(Ord. 922 § 1, 1990; Ord. 1191 § 1, 2009)