Chapter 1.08
GENERAL PENALTY
Sections:
Prior ordinance history: Ord. 296.
1.08.010 Misdemeanor penalty.
It is unlawful and constitutes a misdemeanor for any person to violate or fail to comply with any provision of this chapter, unless the violation is made an infraction by ordinance pursuant to EMC 1.08.020 or civil remedies are pursued pursuant to EMC 1.08.030. A misdemeanor shall be punishable by a fine not exceeding $1,000 or by imprisonment in the county jail for not exceeding six months, or by both such fine and imprisonment. (Ord. 470, 2003)
1.08.020 Infraction penalty.
A. It is unlawful and constitutes an infraction for any person to violate or fail to comply with any provision of this code expressly declared to be an infraction in this code. An infraction is punishable by a fine which shall not exceed:
1. $100.00 for a first violation;
2. $200.00 for a second violation of the same ordinance; and
3. $400.00 for each additional violation of the same ordinance.
B. Each and every day or portion thereof that a violation of this code continues or goes unabated is deemed to be and constitutes a separate violation of the same ordinance.
C. A notice to appear may be served by any means reasonably calculated to provide the alleged violator actual notice of the proceedings initiated against him or her. A notice to appear may be served by any means authorized for service of summons under Chapter 4 (commencing with Section 413.10) of Title 5 of Part 1 of the Code of Civil Procedure, including, but not limited to, personal service (Code of Civil Procedure, Section 415.10) or leaving and mailing copies of the notice to appear (Code of Civil Procedure, Section 415.20). The failure of any such person to receive such notice shall not affect the validity of any proceedings taken under this section.
D. Proof of service of the notice to appear shall be certified to at the time of service by a written declaration under penalty of perjury executed by the person effecting service, declaring the time, date and manner in which service was made. The declaration, together with any receipt card returned in acknowledgment of receipt by certified mail, shall be affixed to the copy of the notice to appear retained by the issuing official.
E. Whenever a person is served a notice to appear, which is not declared to be a felony or misdemeanor offense, the notice to appear shall provide for such defendant to appear in court or before a person authorized to receive a deposit of bail, as set forth in subdivision (a) of Section 1269b of the Penal Code. Except as set forth below, if at the time the case is called for hearing before the magistrate, commissioner or judge the defendant does not appear, the magistrate, commissioner or judge may declare the bail forfeited and may, in his or her discretion, order that no further proceedings be had in the case. If the defendant has posted bail and the magistrate, commissioner or judge has ordered the bail forfeited and that no further proceedings shall be had in the case, the defendant retains the right to obtain relief from the forfeiture as provided in Section 1305 of the Penal Code if the amount of the bond, money or property deposited exceeds $400.00. Upon the making of the order that no further proceedings shall be had, all sums deposited as bail shall forthwith be paid into the city treasury. Forfeiture of bail shall be deemed to be a conviction of the offense charged. (Ord. 470, 2003)
1.08.030 Civil remedies.
A. In the city attorney's discretion, any person who violates any provision of this chapter shall be liable to the city for civil penalties imposed by the city on account of such violations. Except as otherwise provided by resolution of the city council, civil penalties shall not exceed $500.00 for each day in which such violation occurs or continues. The city may petition the court to enforce and recover such sums.
B. In the city attorney's discretion, the city may proceed to enforce any violations of this code by civil action in any manner authorized by law, including injunctive or other equitable relief. (Ord. 470, 2003)