(a) No
person shall violate any provision, or fail to comply with any of
the requirements of this Code, any duly adopted code, or any State
or Federal law or regulation. 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, any duly adopted code,
or any State or Federal law or regulation, shall be guilty of a misdemeanor
unless this Code expressly declares the particular violation to be
an infraction. However, any violation that constitutes a misdemeanor
under this Code may be prosecuted by the City Attorney and cited by
the issuing officer as an infraction at his or her discretion.
(c) Any
person convicted of a misdemeanor for a violation of any provision
of this Code, shall be punished by a fine of not more than $1,000
or by imprisonment in jail for a period not exceeding six months,
or by both such fine and imprisonment.
(d) Any
person convicted of a violation determined to be an infraction under
the provisions of this Code, or any duly adopted code, or any State
or Federal law or regulation, 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.
(e) Notwithstanding subsection
(d), any person convicted of a violation determined to be an infraction under the provisions of any City building and safety code, or any duly adopted building and safety code, shall be punished by a fine not exceeding $100 for the first violation, a fine not exceeding $500 for a second violation of the same ordinance within one year, and a fine not exceeding $1,000 for each additional violation of the same ordinance within one year.
(f) In
addition to the penalties hereinabove provided, any condition caused
or permitted to exist in violation of any of the provisions of this
Code, or any State or Federal law or regulation, shall be deemed a
public nuisance and may be summarily abated, as such, in any manner
prescribed by law.
(Ord. No. 38, § 2; Ord. No. 554, § 1, 1985; Ord. No. 1042, § 4, 2017)
(a) Whenever
in this Code any act or omission is made unlawful, it shall include
causing, permitting, aiding, abetting, suffering, or concealing the
fact of such act or omission.
(b) It is a separate violation of this Code for any responsible party to advertise an activity or use that is itself a violation of this Code and that is advertised to take place within the City. For purposes of this subsection
(b),
a responsible party includes the property owner, business owner, operator, manager, lessor, lessee, and any other person that conducts or offers to conduct the illegal activity or use, but it does not include a person who publishes the advertisement, such as a newspaper publisher or online booking service.
(Ord. No. 1042, § 4, 2017)
The amount of any fee, fine, costs, service charge, utility
charge, license, or tax of any nature whatsoever imposed by any provision
of this Code shall be deemed a civil debt owed to the City. An action
may be commenced in the name of the City in any court of competent
jurisdiction for the collection of the amount of any such delinquent
or unpaid fee, fine, costs, service charge, utility charge, license,
or tax, together with any penalties applicable thereto as prescribed
by this Code. The remedy prescribed by this section shall be cumulative,
and the use of an action to collect such an amount as a debt by civil
action shall not bar the use of any other remedy provided by this
Code or by law for the purpose of enforcing the provisions thereof.
(Ord. No. 1042, § 4, 2017)
The bail applicable to violations of the provisions of this
Code set out in Figure 1-2.08 shall be established by resolution of
the Council.
Figure 1-2.08
|
---|
Section Number
|
Subject
|
Section Title
|
Type of Crime*
|
Amount of Bail
|
---|
4-4.07
|
Parking Meters
|
Parking meters: Time limits: Expiration: Effect
|
I
|
$32.00
|
4-4.09
|
Parking Meters
|
Parking meters: Tampering
|
I
|
$102.00
|
4-4.10
|
Parking Meters
|
Parking meters: Unauthorized deposits
|
I
|
$52.00
|
4-4.11
|
Parking Meters
|
Parking meters: Use restricted
|
I
|
$32.00
|
4-6.202
|
Enforcement and Obedience
|
Obedience to authorized officers
|
I
|
$32.00
|
4-6.205
|
Enforcement and Obedience
|
Unauthorized persons directing traffic
|
I
|
$32.00
|
4-6.304
|
Parking
|
No parking zones
|
I
|
$32.00
|
4-6.305
|
Parking
|
No stopping zones
|
I
|
$32.00
|
4-6.306
|
Parking
|
Loading zones
|
I
|
$32.00
|
4-6.307
|
Parking
|
Passenger loading zones
|
I
|
$32.00
|
4-6.308
|
Parking
|
Bus stops
|
I
|
$32.00
|
4-6.309
|
Parking
|
Tow-away zones
|
I
|
$32.00
|
4-6.310
|
Parking
|
Parking for more than seventy-two hours
|
I
|
$32.00
|
4-6.311
|
Parking
|
Parking for maintaining, repairing or selling vehicles
|
I
|
$32.00
|
4-6.312
|
Parking
|
Parking on grades
|
I
|
$32.00
|
4-6.313
|
Parking
|
Parking in parkways
|
I
|
$32.00
|
4-6.315
|
Parking
|
Emergency traffic congestion from assemblages and other functions:
Signs
|
I
|
$32.00
|
4-6.316
|
Parking
|
Street sweeping: Signs
|
I
|
$32.00
|
4-6.317
|
Parking
|
Commercial vehicles: Restrictions
|
I
|
$32.00
|
4-6.319
|
Parking
|
Trailers
|
I
|
$32.00
|
4-6.320
|
Parking
|
Peddling, vending and transportation vehicles
|
I
|
$32.00
|
4-6.321
|
Parking
|
Unauthorized curb markings
|
I
|
$32.00
|
4-6.323
|
Parking
|
Parking zone for physically handicapped
|
I
|
$275.00
|
4-6.403
|
Turning Movements
|
Right turns at signal-controlled intersections: Signs
|
I
|
$32.00
|
4-6.801
|
Truck Routes
|
Streets prohibited
|
I
|
$32.00
|
4-6.903
|
Overload Vehicles
|
Permits: Required
|
I**
|
$32.00
|
4-6.916
|
Overload Vehicles
|
Escorts
|
I
|
$32.00
|
4-6.920
|
Overload Vehicles
|
Violations
|
I
|
$32.00
|
4-6.1002
|
Temporary Street Closures
|
Special events and storage: Permits required
|
I
|
$32.00
|
4-6.1003
|
Temporary Street Closures
|
Placement of obstructions: Permits required
|
I
|
$32.00
|
5-11.02
|
Parades
|
Permits: Required
|
I
|
$32.00
|
6-1.03
|
Animal Control
|
Horses on sidewalks
|
I
|
$32.00
|
*
|
Infraction.
|
**
|
Unless the offense involves an overweight of more than 4,501
pounds in which event such offense shall be a misdemeanor pursuant
to Section 40000.23 of the Vehicle Code.
|
(Ord. No. 482, § 1, 1983; Ord. No. 491, § 1, 1983; Res. No. 98-3-17-1, 1998)
Any person convicted of any criminal offense related to an arrest
and booking at the County Jail shall pay to the City any criminal
justice administration fee imposed on the City by the County of Orange.
(Ord. No. 761, § 1)
(a) Whenever
any person creating, causing, committing, or maintaining a public
nuisance, has been given notice, by or on behalf of the City Attorney
or by any other City officer, employee, or policing agent authorized
to give such notice, to abate such nuisance or cease and desist from
continuing such nuisance or violation of law, and such person fails,
refuses, or neglects to comply with the notice within the time specified
therein, or if such a time is not specified, then within a time reasonably
sufficient to enable such compliance, such noncomplying person shall
be liable to the City for any and all costs and expenses to the City
involved in abating the nuisance and in obtaining compliance with
or enforcing the law as referred to or encompassed within the notice.
(b) Costs and expenses, as referred to in subsection
(a) of this section, may include, but are not limited to, any and all direct costs and expenses related to such things as personnel salaries and benefits, operational overhead, rent, interest, fees for experts or consultants, legal costs and expenses, including attorneys’ fees, claims against the City arising as a consequence of the nuisance or violation, and procedures associated with collecting monies due hereunder.
(c) The
liability of any person for the payment of the costs and expenses
provided for in this section may be waived in whole or in part by
the City Attorney in any case wherein he or she determines, in his
or her sole discretion, that the failure or refusal of such persons
to comply with the notice was based on a good faith and bona fide
issue of law or fact specifically involved in the circumstances of
the case. Any determination or decision of the City Attorney in this
regard is final and conclusive and is not subject to appeal.
(d) Money due to the City under this section may be recovered in an appropriate civil action. Alternatively, such liability may be enforced by special assessment or lien proceedings, or both, against the parcel of land on which the nuisance existed, which proceedings may be conducted in a manner substantively similar to proceedings in Chapter 7 of Title
6 of this Code relating to weed abatement assessments.
(Ord. No. 948, § 1, 2008; Ord. No. 1042, § 4, 2017)