Chapter 1.08
GENERAL PENALTY
Sections:
1.08.020 Penalty for violation.
1.08.030 Invalidity of section not to affect remainder.
1.08.040 Authority of authorized city employees to arrest without warrant.
1.08.010 Violation.
Unless otherwise provided, a violation of any provision of any ordinance of this city shall be a misdemeanor. A violation of any provision of Title 9 or Title 10 of this code, however, may be charged as an infraction when:
(a) The prosecutor files a complaint charging the offense to be an infraction; or
(b) The court, with the consent of the defendant, determines that the offense is an infraction. In such event, the case shall proceed as if the defendant had been arraigned on an infraction complaint. (Ord. 758 § 1, 1996: Ord. 49 § 1, 1957)
1.08.020 Penalty for violation.
(a) Unless otherwise provided, a misdemeanor is punishable by a fine not to exceed one thousand dollars or by imprisonment in the county jail not to exceed six months or by both such fine and imprisonment. Unless otherwise provided, an infraction is punishable by a fine not to exceed one hundred dollars for the first violation, and two hundred fifty dollars for each additional violation of the same provision within one year, and shall not be punishable by imprisonment. Each separate day or any portion thereof during which any such violation occurs or continues constitutes a separate offense and upon conviction thereof shall be punished as herein provided.
(b) In addition to the penalties hereinabove provided, 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 abated as such by the city. Each day that such a condition continues shall be deemed to be a new and separate offense. (Ord. 758 § 2, 1996: Ord. 49 § 2, 1957)
1.08.030 Invalidity of section not to affect remainder.
If any provision of this chapter or the application thereof to any person, firm, or corporation, or circumstance is held invalid, the remainder of this chapter and the application of such provision to other persons, firms, corporations, or circumstances, shall not be affected thereby. (Ord. 49 § 3, 1957)
1.08.040 Authority of authorized city employees to arrest without warrant.
(a) City officers or employees, when designated in accordance with Section 2.08.060(17), may arrest persons without a warrant whenever they have reasonable cause to believe that a misdemeanor which is a violation of any ordinance of the city has been committed by such persons in the presence of the officer or employee making such arrest.
(b) City officers or employees shall have the power to make arrests under this section only when performing their duties pursuant to Section 2.08.060(17), and shall not otherwise be authorized to make arrests by this section or California Penal Code Section 836.5.
(c) Where any person arrested pursuant to this section does not demand to be taken before a magistrate, the officer or employee making the arrest shall prepare a written notice to appear in accordance with Chapter 1.04 of this code and release the person on his promise to appear. (Ord. 584 § 1, 1981)