Chapter 1.16
GENERAL PENALTIES
Sections:
1.16.010 Violations – Misdemeanors – Infractions.
1.16.030 Imposition of penalties.
1.16.040 Determination of punishment.
1.16.050 Place of confinement.
1.16.060 Fees, charges, licenses and taxes made civil debts.
1.16.070 Citation authority/code compliance officer.
1.16.080 Parking citation penalties.
1.16.010 Violations – Misdemeanors – Infractions.
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. (Ord. 1744 § 2, 2013: Ord. 1469 § 1, 1993: prior code § 1-2.01)
1.16.020 Prohibited acts.
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. (Prior code § 1-2.02)
1.16.030 Imposition of penalties.
The provisions of this code which declare certain crimes to be punishable as therein mentioned devolve a duty upon the court authorized to pass sentence to determine and impose the punishment described. (Prior code § 1-2.03)
1.16.040 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. (Prior code § 1-2.04)
1.16.050 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 county jail.
Those certain premises in the police station of the city, located at 1718 West 162 Street, which have heretofore been used and occupied as a city jail in and for the city, shall be the city jail and are particularly described as follows: all that portion of the ground floor of the police station of the city of Gardena, state of California, located at 1718 West 162 Street, which is designed as quarters and accommodations for prisoners, including the cell blocks and quarters of the police department of Gardena, shall be and the same is designated and established as the city jail of, in, and for the city of Gardena, state of California, and such portion of said building is named, designated, fixed and established as the city jail of, in and for the city of Gardena. (Prior code § 1-2.05)
1.16.060 Fees, charges, licenses and taxes made civil debts.
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 cumulative, 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 § 1-2.06)
1.16.070 Citation authority/code compliance officer.
A. The designation of code compliance officer is created. Such persons shall be public officers whose duties in such capacity shall be limited to the enforcement of municipal code violations.
B. The city manager shall designate which employees shall serve as code compliance officers and shall designate, if desired, any limitations upon the sections of the Gardena Municipal Code to be enforced by such employees.
C. Such persons shall be authorized to make arrests only for the purpose of issuing citations for violations of the municipal code which constitute infractions or misdemeanors.
D. Such persons shall be entitled to carry a shield identifying the individual as a code compliance officer for the city. Such shield may only be used in connection with the officer’s duties in enforcing the municipal code.
E. Persons in the positions of revenue supervisor and business license inspector shall be public officers with all of the powers and duties of a code compliance officer. However, such persons shall be limited to the enforcement of Title 5 of the Gardena Municipal Code.
F. Prior to issuing a citation, the employees designated by the city manager and the individuals designated in this section shall take and successfully complete the training required for peace officers pursuant to Penal Code Section 832, except for that portion of the course relating to training in the use of firearms. (Ord. 1533 § 1, 1998)
1.16.080 Parking citation penalties.
A. Civil Penalties. Any person violating any of the provisions of this code restricting the parking or standing of vehicles shall be assessed a civil penalty. The amounts of such penalties shall be specified on a schedule of civil penalties adopted by council resolution or any other means approved by law.
B. Delinquent Payment Penalty. If any person fails to make timely payment of a parking violation penalty within the time provided in the notice of citation or notice of parking violation, as provided by the California Vehicle Code, or later as may be provided for in this code or other applicable law for accrual of a late payment penalty, a separate delinquency and late payment penalty shall be assessed against that person for the late payment as specified on a schedule of civil penalties adopted by council resolution or any other means approved by law.
C. Administrative Fees, Process Service Fees, Collection Costs Related to Civil Debt Collection and Related Charges. If any person fails to make timely payment of a parking violation penalty within the time provided in the notice of citation or notice of parking violation, as provided by the California Vehicle Code, or later as may be provided for in this code or other applicable law, and further fails to make payment for the delinquency fee as provided for in subsection B of this section, that person shall become liable for and be penalized further in the amount of the actual collection costs in conjunction with the assignment of a parking penalty for collection. That cost shall be added to the penalty and the person shall be liable to the city for both civil penalties and the collection costs including out of pocket administrative costs, civil service of process costs and other direct costs.
D. Each Violation Assessed Separate Civil Penalty. Each person who is assessed a civil penalty under the provisions of this section shall be assessed a separate civil penalty for each violation and shall be liable for the cumulative amount of all such penalties and collection costs.
E. This section shall not bar the use of any other procedure or remedy provided by this code or by law for the purpose of processing or collecting parking violations. (Ord. 1710 § 1, 2008)