A.
General.
1.
Except
as otherwise provided in this code, a violation of any provision of
this code, or a violation of any permit or license issued under this
code, may be charged as an infraction.
2.
A
violation of any provision in Title 8 or 11 of this code, or any other
provision specifically stating a violation is a misdemeanor, may be
charged as an infraction or a misdemeanor at the discretion of the
City Attorney.
3.
Nothing
contained in this code abrogates the City Attorney's discretion to
reduce any act chargeable as a misdemeanor under this chapter to an
infraction if the City Attorney determines the reduction serves the
interest of justice.
4.
Aiding
and abetting. Whenever a provision of this code prohibits any act
or omission, the provision also prohibits the causing, permitting,
aiding, abetting, suffering, maintaining, or concealing of the act
or omission. Any person who causes, permits, aids, abets, suffers,
maintains, or conceals the act or omission is guilty of a violation
of this code and subject to the punishment prescribed for the act
or omission.
5.
Separate
Violations. Each day during any portion of which a violation of this
code is committed, continued, or permitted is a separate offense.
6.
A
conviction or payment of a fine or penalty for any violation of this
code does not excuse or exempt compliance with all provisions of this
code, including payment of any tax, fee, or other charge required
by this code.
B.
Criminal
Penalties.
1.
Misdemeanor.
Except as otherwise provided in this code, a violation of this code
determined to be a misdemeanor is punishable by a fine not exceeding
$1,000.00, imprisonment in county jail for a term not exceeding six
months, or both.
2.
Infraction.
a.
A violation of this code determined to be an infraction is punishable
by a fine as provided for in California Government Code Section 36900,
subdivision (b).
b.
Notwithstanding any other law, a violation of a local building or
safety code determined to be an infraction is punishable by a fine
as provided for in California Government Code Section 36900, subdivision
(c).
c.
Notwithstanding any other law, a violation of Chapter 5.60, Short-Term Vacation Rentals, of this code that poses a threat to public health or safety is punishable by a fine as provided for in California Government Code Section 36900, subdivision (d). These enhanced fines apply to "short-term rentals" and "residential dwellings," as defined in California Government Code Section 36900, subdivision (d)(2) and (d)(3).
d.
A person fined for an infraction under California Government Code
Section 36900, subdivision (b)(2), (b)(3), (c)(2), or (c)(3), who
meets the requirements of California Government Code Section 36900,
subdivision (e), may request a hardship waiver under that subdivision
to reduce the amount of the fine.
3.
In addition to a monetary fine set forth in this subsection B, both conditional sentencing and probation are authorized as sentencing options in accordance with California Penal Code Section 1203, subdivision (a).
C.
Civil Penalties. Any provision of this code may be enforced by a civil suit brought by the city, a civil injunction issued by the superior court, or any other civil legal or equitable remedy. As part of a civil action, the court may assess a civil penalty for each day the violator commits, continues, allows or maintains the violation. Civil penalties may also be issued administratively pursuant to Section 1.10.060 of this code.
(Ord. 1236 § 1, 1980; Ord. 1252 § 1, 1982; Ord. 5064 § 1, 1983; Ord. 6068 § 1, 1983; Ord. 1274 § 1, 1984; Ord. 1278 § 2, 1985; Ord. 5071 § 2, 1986; Ord. 1296 § 1, 1987; Ord. NS-70 § 1, 1989; Ord. NS-394 § 1, 1997; Ord. NS-811 § 4, 2006; Ord. NS-861 § 1, 2007; Ord. CS-090 § 2, 2010; Ord. CS-153 § 7, 2011; Ord. CS-211 § 1, 2013; Ord. CS-323 § 3, 2017; Ord. CS-374 § 2, 2020; Ord. CS-434 § 2, 2022)
A.
The
City Manager or a deputized city employee is authorized under California
Penal Code Section 836.5 to arrest a person without a warrant whenever
the employee has reasonable cause to believe the person to be arrested
committed a misdemeanor offense in the employee's presence that is
a violation of this code or any uncodified city building or zoning
ordinance.
B.
The City Manager may deputize a city employee to exercise the power of arrest described in subsection A of this section if the employee has completed an introductory course of training prescribed by the Commission on Peace Officer Standards and Training pursuant to California Penal Code Section 832. Nothing in this section authorizes a deputized employee to carry a firearm.
(Ord. 197 § 1, 1992; Ord. NS-370 § 1, 1996; Ord. NS-385 § 1, 1996; Ord. NS-625 § 12, 2002; Ord. CS-105 § 1, 2010; Ord. CS-164 § 14, 2011; Ord. CS-374 § 2, 2020; Ord. CS-434 § 2, 2022)
A.
The
City Manager or a deputized police ranger is authorized under California
Penal Code Section 836.5 to arrest a person without a warrant whenever
the police ranger has reasonable cause to believe the person to be
arrested committed a misdemeanor or infraction in the employee's presence
that is a violation of any provision of this code or the animal control
provisions of the San Diego County Code as adopted by reference in
Section 7.08.010(B) of this code.
B.
The City Manager may deputize a police ranger to exercise the power of arrest described in subsection A of this section if the police ranger has satisfactorily completed an introductory course of training prescribed by the Commission on Peace Officer Standards and Training pursuant to California Penal Code Section 832. Nothing in this section authorizes a deputized police ranger to carry a firearm.
(Ord. CS-320 § 3, 2017; Ord. CS-374 § 2, 2020; Ord. CS-434 § 2, 2022)
