Any violation of the municipal code by a member of the public
which is designated as an infraction violation under the applicable
municipal code provision shall be deemed an infraction violation for
purposes of this chapter.
(Prior code § 86.01)
Any Code Enforcement Officer or other agent who has a duty to
enforce any provision of the municipal code and who has reasonable
cause to believe that a person has committed an infraction violation
in the presence of such officer or agent, may arrest the alleged violator
without a warrant.
(Prior code § 86.02)
Any person who is placed under arrest in accordance with this
chapter 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 Enforcement Officer or other authorized
enforcement agent pursuant to California
Penal Code Section 853.5.
(Prior code § 86.04)
Whenever a Code Enforcement Officer or other authorized agent
has reasonable cause to believe that an infraction violation has been
committed in his or her presence and the alleged violator cannot be
served with a field citation for any reason, the City Attorney shall
file a criminal infraction complaint against the alleged violator
at the request of the Code Enforcement Chief or other enforcement
authority.
(Prior code § 86.05)
A separate offense occurs for each day an infraction violation
is continued and/or maintained.
(Prior code § 86.06)
Every municipal code violation determined to be an infraction
is punishable by:
A. A fine
in an amount not to exceed $100 for a first violation;
B. A fine
in an amount not to exceed $200 for a second violation of the same
provision within a 12-month period; and
C. A fine
in an amount not to exceed $500 for the third violation within a 12-month
period commencing upon the date of the first violation.
D. A fourth
violation and subsequent violations of the same provision within a
12-month period shall be deemed a misdemeanor.
(Prior code § 86.07)
Upon conviction of any infraction violation, the convicted violator
shall, for each separate violation, and in addition to any infraction
penalty imposed pursuant to this chapter, be subject to:
A. A fine
in an amount not to exceed $250 for a first conviction of an offense;
B. A fine
in an amount not to exceed $500 for a second conviction of the same
offense within a 12-month period of the date of the first offense;
and
C. A fine
in an amount not to exceed $750 for the third conviction of the same
offense within a 12-month period of the date of the first offense.
D. The
fine for a fourth and subsequent convictions of the same offense within
a 12-month period of the date of the first offense shall be $1,000.
(Prior code § 86.08)
Nothing in this chapter is intended to prohibit or preclude
the City from seeking and recovering restitution in any infraction
violation proceeding.
(Prior code § 86.09)
The prevailing party in any infraction violation proceeding
associated with the abatement of a public nuisance shall be entitled
to recovery of attorneys’ fees incurred in any such proceeding.
(Prior code § 86.10)