A. No person
shall violate any provision, or fail to comply with any of the requirements,
of this code. Each such person shall be guilty of a separate offense
for each and every day during which such violation continues.
B. Any
person violating any of the provisions or failing to comply with any
of the mandatory requirements of this code shall be guilty of a misdemeanor
except for those provisions of this code the violation of which is
expressly declared to be an infraction. The attorney prosecuting the
violation, in his or her sound discretion, may prosecute a violation
of this code as an infraction, rather than as a misdemean- or, or
reduce or agree to the reduction of a previously filed misdemeanor
to an infraction.
C. Any
person convicted of a misdemeanor for a violation of any provision
of this code, shall be punishable by a fine of not more than $1,000,
or by imprisonment in the City or County Jail for a period not exceeding
six months, or by both such fine and imprisonment.
D. Every
person convicted of a violation determined to be an infraction under
the provisions of this code shall be punished by a fine not exceeding
$100 for the first violation, a fine not exceeding $200 for a second
violation of the same ordinance within one year, and a fine not exceeding
$500 for each additional violation of the same ordinance within one
year. A fourth violation of the same ordinance within one year may
be charged as a misdemeanor.
E. In addition
to the penalties hereinabove provided, any condition caused or permitted
to exist in violation of any of the provisions of this code shall
be deemed a public nuisance and may be summarily abated, as such,
in any manner prescribed by law, by the city attorney, upon direction
of the chief administrative officer.
(Prior code § 1100; Ord. 1127, 1997; Ord. 1217 § 1, 2016)
Notwithstanding any other provision of this code, when a person
under the age of 18 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 shall be deemed an infraction unless the minor
requests that a petition be filed under Section 601 or 602 of the
Welfare and Institutions Code. The amount of the fine imposed shall
be set by the court.
(Prior code § 1106; Ord. 1105 § 1, 1995)