(a)
It
is unlawful for any person to violate, or fail to comply with, any
provision of the Monterey Park Municipal Code. Each and every violation
of any part of this code including, without limitation, any franchise
or permit issued pursuant to this code, is a misdemeanor unless otherwise
specified.
(b)
Every
person violating the code is guilty of a separate offense for each
and every day during any portion of which any violation of any provision
of this code is committed, continued, or permitted by such person.
(c)
In
addition to these criminal penalties, any condition caused or permitted
to exist in violation of any of the provisions of this code is a public
nuisance and may be abated in accordance with this code.
(Ord. 2127 § 5, 2016)
Persons convicted of a misdemeanor, the penalty for which is
not otherwise prescribed, will be punished by a fine not to exceed
one thousand dollars; by imprisonment for not more than six months;
or by both a fine and imprisonment for each violation of this code.
(Ord. 2127 § 5, 2016)
(a)
Unless
otherwise provided, persons violating the following provisions of
this code are guilty of an infraction:
(b)
Notwithstanding
the infraction designation set forth above, should a person violate
the same code section three or more times within any twelve consecutive
month period, the city attorney may file a subsequent violation as
a misdemeanor in accordance with this code.
(c)
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
is deemed an infraction unless the minor requests that a petition
be filed under Welfare and Institutions Code Section 601 or 602. The
amount of the fine imposed will be set by the court.
(Ord. 2127 § 5, 2016)
Each infraction is punishable as follows:
(a)
A
fine not exceeding one hundred dollars for the first violation;
(b)
A
fine not exceeding two hundred dollars for a second violation of the
same provision within one year; and
(c)
A
fine not exceeding five hundred dollars for each additional violation
of the same provision within one year of the first violation.
(Ord. 2127 § 5, 2016)
(a)
Authorization.
The police department, fire department, building official, and other
persons designated by the city manager are authorized to enforce the
various provisions of this code under their respective authority or
as is specifically assigned to them by the city manager or city council.
(b)
Powers
of Arrest. Officials and employees designated to enforce provisions
of this code have authority to arrest persons pursuant to Penal Code
Section 836.5 for purposes of issuing citations for violations of
provisions of this code. Police officers have full authority to arrest
persons for violations of the provision of this code pursuant to any
applicable provision of the Penal Code.
(Ord. 2127 § 5, 2016)
(a)
Any
city officer or employee arresting any person for a violation of any
provision of this code, who does not immediately take such arrested
person before a magistrate, as prescribed in the Penal Code, must
prepare in duplicate a written notice to appear in court.
(b)
The
notice must contain:
(1)
The name and address of the person arrested;
(2)
The offense charged, the time and place of the alleged violation;
(3)
Where and when such person must appear in court. The time specified
in the notice for appearance must be at least ten days after such
arrest. The place specified in the notice to appear and the notice
must conform with all applicable provisions of the Penal Code.
(4)
The arresting city officer or employee must deliver one copy of the
notice to appear to the alleged violator. In order to secure immediate
release, the violator must give a written promise to appear in court
at the time and place indicated on the notice by signing the duplicate
notice. That signed copy must be retained by the city officer or employee.
Thereafter, the arresting city officer and employee must release the
alleged violator from custody. The duplicate copy of the notice to
appear must be filed in the manner prescribed in the Penal Code.
(Ord. 2127 § 5, 2016)
Any person who willfully violates a written promise to appear
in court by failing to appear at the time and place stated is guilty
of a misdemeanor regardless of the disposition of the charge upon
which the person was originally arrested.
(Ord. 2127 § 5, 2016)
(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
is authorized to:
(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; any state misdemeanors that the city
council elects to enforce; and, without limitation, administrative
or judicial nuisance abatement, suits for injunctive relief, and petitions
for receivership.
(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. 2127 § 5, 2016; Ord. 2191 § 1, 2020)
The violation of any administrative provisions of this code
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 civil service
ordinances and rules and regulations of the city.
(Ord. 2127 § 5, 2016)
