It is unlawful and constitutes a misdemeanor, except as otherwise provided in Sections 1.36.020 and 1.36.030, for any person to violate or fail to comply with any provision of this chapter. Unless punishment is otherwise provided in this chapter, a misdemeanor shall be punishable by a fine not exceeding one thousand dollars or by imprisonment in the county jail for not exceeding six months, or by both such fine and imprisonment.
(Prior code §1-20(a); Ord. CS 65 §1, 1984; Ord.
CS 705 §3, 1999)
A.
It is
unlawful and constitutes an infraction for any person to violate or
fail to comply with any provision of this code expressly declared
to be an infraction in this code. Unless a fine is otherwise provided
in this code, an infraction is punishable by a mandatory fine of:
B.
Each
and every day or portion thereof that a violation of this code continues
or goes unabated is deemed to be and constitutes a separate violation
of the same ordinance.
C.
A notice
to appear may be served by any means reasonably calculated to provide
the alleged violator actual notice of the proceedings initiated against
him or her. A notice to appear may be served by any means authorized
for service of summons under Chapter 4 (commencing with Section 413.10)
of Title 5 of Part 1 of the Code of Civil Procedure, including, but
not limited to, personal service (Code Civ. Proc., Section 415.10)
or leaving and mailing copies of the notice to appear (Code Civ. Proc.,
Section 415.20). The failure of any such person to receive such notice
shall not affect the validity of any proceedings taken under this
section.
D.
Proof
of service of the notice to appear shall be certified to at the time
of service by a written declaration under penalty of perjury executed
by the persons effecting service, declaring the time, date and manner
in which service was made. The declaration, together with any receipt
card returned in acknowledgment of receipt by certified mail, shall
be affixed to the copy of the notice to appear retained by the issuing
official.
E.
Whenever
a person is served a notice to appear, which is not declared to be
a felony or misdemeanor offense, the notice to appear shall provide
for such defendant to appear in court or before a person authorized
to receive a deposit of bail, as set forth in subdivision (a) of Section
1269b of the Penal Code. Except as set forth below, if at the time
the case is called for hearing before the magistrate, commissioner
or judge the defendant does not appear, either in person or by counsel,
the magistrate, commissioner or judge may declare the bail forfeited
and may, in his or her discretion, order that no further proceedings
be had in the case. If the defendant has posted bail and the magistrate,
commissioner or judge has ordered the bail forfeited and that no further
proceedings shall be had in the case, the defendant retains the right
to obtain relief from the forfeiture as provided in Section 1305 of
the Penal Code if the amount of the bond, money or property deposited
exceeds four hundred dollars. Upon the making of the order that no
further proceedings shall be had, all sums deposited as bail shall
forthwith be paid into the county treasury. Forfeiture of bail shall
be deemed to be a conviction of the offense charged.
(Prior code §1-20(b); Ord. CS 65 §2, 1984; Ord.
CS 644 §1, 1997)
It is unlawful and constitutes a misdemeanor or an infraction
for any person to violate or fail to comply with any provision of
this code adopted pursuant to the Vehicle Code. Such offense shall
constitute a misdemeanor or an infraction as provided by the Vehicle
Code and shall be punishable in the manner provided by such code.
(Prior code §1-20(c))
