A.
It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this code. Each and every day during any portion of which any violation of any provision of this code is committed, continued, or permitted shall constitute a separate offense and shall be punishable accordingly.
B.
Unless otherwise specified, any violation of this code shall be a misdemeanor. 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. The city attorney, in his sound discretion, may prosecute a violation of this code as an infraction, rather than as a misdemeanor, or reduce or agree to the reduction of a previously filed misdemeanor to an infraction.
C.
In addition to the penalties provided by this section, a violation of any provision of this code shall be subject to a civil fine pursuant to the administrative citation provisions of Chapter 1.20. The provisions of this subsection are in addition to all other legal remedies, criminal or civil, which may be pursued by the city. If the city has already issued a criminal citation for a violation of this code, the chief of police, in his sound discretion, may determine to hold the citation in abeyance and pursue an administrative citation in accordance with Chapter 1.20, in which case a letter shall be sent to the citee. Should the matter be disposed of through the administrative process, no criminal action will then be pursued.
D.
Unless otherwise specified, any person convicted of a misdemeanor under the provisions of this code shall be punished by a fine of not more than one thousand dollars, or by imprisonment in the city jail or county jail for a period not exceeding six months, or by both such fine and imprisonment.
E.
Unless otherwise specified, 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 one hundred dollars for the first violation, a fine not exceeding two hundred dollars for a second violation of the same ordinance within one year, and a fine not exceeding five hundred dollars 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.
F.
Notwithstanding subsection E of this section, any person convicted of a violation of a local building and safety code determined to be an infraction shall be punished by a fine not exceeding one hundred dollars for the first violation, a fine not exceeding five hundred dollars for a second violation of the same ordinance within one year, and a fine not exceeding one thousand dollars for each additional violation of the same ordinance within one year of the first violation.
G.
Except as otherwise provided in Article 1 of Division 17 of the Vehicle Code of the state (Sections 40000.1 et seq.), it is unlawful and constitutes an infraction for any person to violate or fail to comply with any provision of any local ordinance adopted pursuant to the Vehicle Code of the state. Except as may otherwise be provided, all violations of the traffic provisions of this code shall constitute infractions. Notwithstanding subsection E of this section, and as provided by Section 42001 of the California Vehicle Code, every person convicted of an infraction for such a violation shall be punished by a fine not exceeding one hundred dollars for the first violation, a fine not exceeding two hundred dollars for a second violation of the same ordinance within one year, and a fine not exceeding two hundred fifty dollars for a subsequent infraction occurring within one year of two or more prior infractions.
H.
Notwithstanding subsection E of this section, and as provided for by Section 42001 of the California Vehicle Code, all violations of this code relating to pedestrian violations shall constitute an infraction and every person convicted of a pedestrian violation of this code shall be punished by a fine not exceeding fifty dollars.
I.
Notwithstanding any other provision of this code, the fine for parking violations shall be as established by resolution of the city council.
J.
In addition to the penalties provided by this section, 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 by the city. When the violation relates to real property, including the use or condition thereof, the city may recover any nuisance abatement costs and/or administrative fines relating to such violations in accordance with Government Code Sections 38773.1 and 38773.5 as set forth in Chapter 8.64.
(Prior code § 1-2.01; Ord. 1469 § 1, 1993; Ord. 1744 § 2, 2013)