Unless a different penalty is prescribed for violation of a
specific provision of this code, every act prohibited or declared
unlawful, and every failure to perform an act made mandatory, shall
be a misdemeanor or an infraction, at the discretion of the city attorney
or the district attorney.
As used in this chapter, the term "year" means any consecutive
12-month period.
As used in this chapter, the term "offense" includes any violation
of the code which is cited or charged and which does not result in
an acquittal, a finding of "not guilty," or a dismissal of charges
by the city or the court.
A.
Civil
Penalty. Every violation of a provision of this code which is specifically
designated to carry a civil penalty, in addition to a criminal penalty,
shall be punishable by a civil fine not exceeding $1,000.00, unless
otherwise specifically provided and authorized by state law. Nothing
set forth herein shall limit the ability of the city to seek and obtain
other remedies permitted by law.
(Ord. 1892 § 5, 2015)
It is unlawful for any person, firm, partnership or corporation
to violate any provision or fail to comply with any of the requirements
of this code. Except as otherwise provided herein, any person, firm,
partnership or corporation violating any provision of this code or
failing to comply with any of its requirements shall be deemed guilty
of a misdemeanor and upon conviction thereof, shall be punishable
by a fine not exceeding $1,000.00 or by imprisonment not exceeding
six months, or by both such fine and imprisonment.
(Prior code § 1200; Ord. 1812 § 5, 2006)
Notwithstanding the provisions of Section 1.16.010, any person, firm, partnership or corporation violating any provision of this code or failing to comply with any of the requirements thereof, where such violation or failure is denominated an infraction, shall be deemed guilty of an infraction, and unless otherwise provided by law, upon conviction thereof, shall be punished by a fine not exceeding $100.00 for a first violation; by a fine not exceeding $200.00 for a second violation of the same provisions within one year; and by a fine not exceeding $500.00 for each additional violation of the same provision within one year.
(Prior code 1200.01; Ord.
1812 § 5, 2006)
Each person, firm, partnership or corporation violating any
provision of this code or failing to comply with any of the requirements
thereof, shall be deemed guilty of a separate offense for each and
every day, or portion thereof, during which any violation of any of
the provisions of this code is committed, continued or permitted by
such person, firm, partnership or corporation and shall be deemed
punishable therefor as provided in this chapter.
(Prior code § 1200.02; Ord. 1812 § 5, 2006)
When the provisions of any section of this code prohibit the
commission of an act, not only the person actually doing the prohibited
act, but also the employer and all other persons concerned with or
in aiding or abetting the person is guilty of the offense described
and liable to the penalty set forth.
(Prior code § 1200.04; Ord. 1812 § 5, 2006)
A.
The
city manager is empowered to designate public officers or employees
of the city to exercise the powers authorized by Section 836.5(a)
of the California Penal Code relating to the issuance of citations
for violations of the provisions of this code and applicable provisions
of the California Penal Code.
B.
The
city manager shall make the above authorized designations in writing
by memorandum.
C.
Authorization
granted to public officers and employees under this section shall
be limited to the issuance of citations. Any refusal on the part of
the person cited to sign such citation will not authorize the arrest
of the person cited. In these instances, a formal complaint request
shall be prepared and referred to the city attorney for action.
(Prior code § 1200.06; Ord. 1812 § 5, 2006)
Whenever in this code or a city ordinance any act or omission
is made unlawful, it shall include causing, permitting, encouraging,
aiding or abetting such act or omission, or suffering or concealing
the fact of such act or omission.
(Prior code § 1200.1; Ord. 1812 § 5, 2006)
Every person found guilty of violating any of the provisions
of this code and sentenced to imprisonment shall be imprisoned in
the City Jail or County Jail.
(Prior code § 1200.4; Ord. 1812 § 5, 2006)
The amount of any fee, service charge, utility charge, license
or tax of any nature whatsoever imposed by any provision of this code
shall be deemed a civil debt owing 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,
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 accumulative, 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.
(Prior code § 1200.5; Ord. 1812 § 5, 2006)
The violation of any of the provisions of this code constitutes
a nuisance, and may be abated by the city through civil process by
means of restraining order, preliminary or permanent injunction, or
in any other manner provided by law for the abatement of such nuisances.
(Prior code § 1200.6; Ord. 1812 § 5, 2006)
A.
Performing
Labor on Public Works. Persons confined in the City Jail under a final
judgment of imprisonment rendered in a criminal action or proceeding
may be required to perform labor on the public streets or other public
property or works within the city under the direction of the chief
of police. The phrase "streets or other public property or works within
the city," as used in this section, shall include among other things,
clerical and menial labor in the City Jail.
B.
Escape.
Any prisoner performing labor as above directed, who shall escape
while so laboring or while going to or returning from such labor,
shall be guilty of a misdemeanor.
(Prior code § 1201; Ord. 1812 § 5, 2006)
Any person under arrest, charged with the violation of any ordinance
of this code, may before conviction, unless released on bail, or on
recognizance, be committed to the custody of the sheriff of the county
of San Bernardino, state of California, or to the City Jail, except
during such times as it may be necessary for such persons to attend
court upon any proceeding connected with the trial of such charge.
(Prior code § 1202; Ord. 1812 § 5, 2006)
In all ordinances of the city of Upland now enacted or hereafter
enacted which provide a penalty for the violation thereof as a misdemeanor,
and a person arrested for the violation of such an ordinance is not
immediately taken before a magistrate, the arresting officer shall
prepare in duplicate, a written notice to appear in court, containing
the name and address of such person, the offense charged, and the
time and place where, and when, such person shall appear in court.
(Prior code § 1203; Ord. 1812 § 5, 2006)
The time and place specified in the notice shall be in accordance
with the provisions of Section 853.6 of the Penal Code of the state
of California.
(Prior code § 1203.1; Ord. 1812 §§ 1(B), 5, 2006)
No warrant shall be issued on such charge for the arrest of
a person who has given such written promise to appear in court, unless
and until he or she has violated such promise or has failed to deposit
bail, to appear for arraignment, trial or judgment, or to comply with
the terms and provisions of the judgment, as required by law.
(Prior code § 1203.2; Ord. 1812 § 5, 2006)
Any person wilfully violating his or her written promise to
appear in court is guilty of a misdemeanor, regardless of the disposition
of the charge upon which he or she was originally arrested; and he
or she shall be subject to a fine of not more than $1,000.00, or imprisonment
in the County Jail for not more than six months, or by both such fine
and imprisonment.
(Prior code § 1203.3; Ord. 1812 §§ 1(B), 5, 2006)
A.
When
a person signs a written promise to appear at the time and place specified
in the written promise to appear and has not posted bail as provided
in Section 853.6 of the Penal Code of the state of California, the
magistrate shall issue and have delivered for execution a warrant
for his or her arrest within 20 days after such person's failure to
appear as promised, or if such person promises to appear before an
officer authorized to accept bail, other than a magistrate, and fails
to do so on or before the date which he or she promises to appear,
then, within 20 days after the delivery of such written promise to
appear by the officer to a magistrate having jurisdiction over the
offense.
B.
When
such a person violates his or her promise to appear before an officer
authorized to receive bail other than a magistrate, the officer shall
immediately deliver to the magistrate having jurisdiction over the
offense charged the written promise to appear and the complaint, if
any, filed by the arresting officer.
(Prior code § 1203.4; Ord. 1812 §§ 1(B), 5, 2006)
The city council may by ordinance authorize any officer or employee
who has the duty to enforce a statute or ordinance to arrest persons
for violations of such statute or ordinance as provided in Section
836.5 of the Penal Code of the state of California. Such public officer
or employee may arrest a person without a warrant whenever he or she
has reasonable cause to believe that the person to be arrested has
committed a misdemeanor in his or her presence which is in violation
of a statute or ordinance which the employee has the duty to enforce.
(Prior code § 1204; Ord. 1812 § 5, 2006)
It is the duty of city code enforcement officers to enforce
the provisions of this code and any code enforcement officer is authorized
to arrest any person without a warrant whenever the code enforcement
officer has a reasonable cause to believe that the person arrested
has committed a misdemeanor or infraction in the code enforcement
officer's presence which is a violation of this code.
(Prior code § 1205; Ord. 1812 § 5, 2006; Ord. 1929 § 4, 2017)
Any violation of this municipal code is hereby determined to
constitute a public nuisance. The prevailing party in any judicial
action and/or administrative proceeding to abate a nuisance and/or
to enforce any provision of this municipal code may elect to recover
the incurred attorneys' fees. In no judicial action or administrative
proceeding shall an award of attorneys' fees to a prevailing party
exceed the amount of reasonable attorneys' fees incurred by the city
in the judicial action or administrative proceeding.
(Ord. 1892 § 6, 2015)
Upon entry of a second or subsequent civil or criminal judgment
within a two-year period finding that an owner of property is responsible
for a condition that may be abated in accordance with, the city shall
be entitled to recover treble the costs of abatement, including reasonable
attorneys' fees, for the second or subsequent judgments.
(Ord. 1892 § 9, 2015)
The procedures and remedies provided in this chapter are in addition to all other remedies and cost recovery options available to the city by law or in equity, including, but not limited to, those provided in Chapter 1.20 of this code.
(Ord. 1924 § 4, 2017)
