A. 
It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this Code or the provisions of any code adopted by reference by this Code or any provision of any ordinance of the City of Mill Valley not included within this Code.
B. 
A violation of any such provision or failure to comply with any such requirement may be charged as either an infraction or misdemeanor, except where otherwise specifically provided.
C. 
Each violator shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Code, or any provision of any code adopted by reference by this Code, or of any other City ordinance, is committed, continued or permitted by such person, and may be punished accordingly.
(Ord. 1261 § 4, November 4, 2013)
Whenever any act or omission is made unlawful by this Code, it shall include causing, permitting, aiding, abetting, suffering or concealing the fact of such act or omission.
(Ord. 1261 § 4, November 4, 2013)
A. 
Any conviction of a misdemeanor under the provisions of this Code shall be punishable by a fine of not more than $1,000.00, or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment.
B. 
Any conviction of an infraction under the provisions of this Code shall be punishable for a first conviction by a fine of not more than $100.00, for a second conviction within a period of one year by a fine of not more than $200.00, and for a third or any subsequent conviction within a period of one year by a fine of not more than $500.00.
C. 
Any violation of this Code shall become an infraction for all purposes under any of the following circumstances:
1. 
Where a judgment imposes a punishment of a fine not exceeding $100.00 in the case of a first offense; or
2. 
When the court grants probation to a defendant without the imposition of a sentence and, at the time of granting probation, or on application of the defendant or probation officer thereafter, the court declares the offense to be an infraction;
3. 
When the enforcement officer, as defined in Chapter 8.02 of this Code, files in a court having jurisdiction over infraction and misdemeanor offenses a citation specifying that the offense is an infraction; or
4. 
When the city attorney or any deputy district attorney files in a court having jurisdiction over infraction and misdemeanor offenses a complaint specifying that the offense is an infraction.
D. 
Any provision or requirement of this Code or of any code adopted by reference by this Code of any ordinance of the City of the City of Mill Valley not included within this Code, the violation of which or the failure to comply with which is designated as an infraction, shall be prosecutable as a misdemeanor upon a third violation within a period of one year and each violation thereafter of the same provision by the same individual within a period of one year.
(Ord. 1261 § 4, November 4, 2013)
Imprisonment for violation of any provision or requirement of this Code, of any code adopted by reference by this Code, or of any ordinance of the City of the City of Mill Valley not included within this Code, shall be in the County Jail.
(Ord. 1261 § 4, November 4, 2013)
In any case in which an arrest is made pursuant to this authority for a misdemeanor offense, the enforcement officer will, instead of taking the person arrested before a magistrate, follow the procedure prescribed by Chapter 5C (commencing with Section 853.6) of Title 3 of Part 2 of the California Penal Code, unless the arrested person demands to be taken before a magistrate. Notwithstanding the foregoing, nothing herein shall prevent a peace officer from exercising his or her authority not to release an arrested person pursuant to the provisions of Penal Code Section 853.6(i) or any other provisions of law. The provisions of such Chapter 5C shall thereafter apply with reference to any proceeding based upon the issuance of a citation pursuant to this authority.
(Ord. 1261 § 4, November 4, 2013)
Except as otherwise provided by law, all legal procedures and authority relating to misdemeanors shall apply to infractions, including but not limited to powers of peace officers, jurisdiction of courts, periods for commencing action and for bringing a case to trial and burden of proof.
(Ord. 1261 § 4, November 4, 2013)