CHAPTER 2. PENALTY PROVISIONS

1-2.01 Violations an Infraction.

Whenever in this Code or in any other ordinance of the City, any action is prohibited or is made or declared to be unlawful or an offense, or the doing of any act is required or the failure to do any act is declared to be unlawful, the violation of such provision of this Code or any City ordinance shall be an infraction where no specific penalty is provided therefor.

A violation determined to be an infraction is punishable by (1) a fine not exceeding one hundred dollars ($100) for a first violation; (2) a fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance within one year; (3) a fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year.

Every day any violation of this code or any other ordinance of the City shall continue shall constitute a separate offense. However, every person violating a provision of this code relating to the time a vehicle may be left standing or parked is guilty of a further and separate violation for each period of time that the vehicle is left so parked equal to the maximum legal parking time for the particular traffic zone or parking space as designated by ordinance or resolutions adopted fixing such maximum legal parking time. (1200, as amended by §1, Ord. 1187, eff. October 24, 1973; and by §1, Ord. 1713, eff. 12/1/88)

1-2.02 Prohibited Acts Include Causing, Permitting and Suffering.

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. (1305)

1-2.03 Imposition of Penalty.

The provisions of this Code which declare certain crimes to be punishable as herein mentioned devolve a duty upon the court authorized to pass sentence to determine and impose the punishment described.

1-2.04 Determination of Punishment.

Whenever in this Code the punishment for a crime is left undetermined between certain limits, the punishment to be inflicted in a particular case shall be determined by the court authorized to pass sentence, within such limits as may be prescribed by this Code.

1-2.05 Place of Confinement.

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 the County jail.

1-2.06 Enforcement.

a. Public Nuisance. Any violation of this Code shall constitute a public nuisance. In addition to any other remedies provided by this Code, the City may abate and bring civil suit to enjoin or abate the violation.

b. Power of Arrest. The City Manager, Community Development Director, Public Services Director, Assistant Public Services Director, Senior Civil Engineer, Transportation Administrator, Chief Building Official, Engineering Inspection Supervisor, Building Inspection Supervisor, Code Enforcement Officers and Revenue Collection Coordinator are hereby vested with the authority to cite and arrest any person who violates any of the provisions of this Code or any City ordinance.

c. Cumulative Remedies. The remedies in this article shall be cumulative and not exclusive. (§1, Ord. 1501, eff. May 7, 1981; amended by §1, Ord. 1584, eff. December 15, 1983; by §1, Ord. 1588, eff. February 2, 1984; by §2, Ord. 1636, eff. November 7, 1985, by §2, Ord. 1638, eff. December 19, 1985; by §1, Ord. 1641, eff. February 13, 1985; by §1, Ord. 1663, eff. 2/13/87; by §1, Ord. 1676, eff. 1/15/88; by §2, Ord. 1690, eff. 8/19/88; by §2, Ord. 1713, eff. 12/1/88; and by §1, Ord 1985, eff. 12/20/01)

Sections 1-2.07, 1-2.08, and 1-2.09 of Chapter 2 (Penalty Provisions) of Title 1 (General Provisions) of the Walnut Creek Municipal Code are hereby repealed. (§3, Ord. 1713, eff. 12/1/88)