Any violation of the municipal code by a member of the public
which is designated as a misdemeanor violation under the applicable
municipal code provision shall be deemed a misdemeanor violation and
shall be prosecuted as such pursuant to this chapter.
(Prior code § 87.01)
The fourth and each subsequent violation of a municipal code
provision by a member of the public that would otherwise be an infraction
violation within a 12-month period commencing upon the date of the
first violation shall be deemed a misdemeanor violation.
(Prior code § 87.02)
A separate offense occurs for each day a misdemeanor violation
is continued and/or maintained.
(Prior code § 87.03)
The City Attorney shall have the discretion to reduce any misdemeanor
violation to an infraction violation.
(Prior code § 87.04)
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 a misdemeanor violation
in the presence of such officer or agent, may arrest the alleged violator
without a warrant.
(Prior code § 87.05)
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 § 87.07)
Whenever a Code Enforcement 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 unless the City
Attorney in his or her discretion determines that the misdemeanor
violation should be reduced to an infraction violation.
(Prior code § 87.08)
Every municipal code violation determined to be a misdemeanor
violation is punishable by a fine in an amount not to exceed $1,000
and/or imprisonment for a period not to exceed six months.
(Prior code § 87.09)
Upon conviction of any misdemeanor 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 § 87.10)
Nothing in this chapter is intended to prohibit or preclude
the City from seeking and recovering restitution in any misdemeanor
violation proceeding.
(Prior code § 87.11)
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.
(Prior code § 87.12)
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.
(Prior code § 87.13)