Chapter 1.08
GENERAL PENALTY

Sections:

1.08.010    General penalty--Continuing violations-- Violations as nuisances.

1.08.010 General penalty--Continuing violations--Violations as nuisances.

A.    Whenever in this code or in any other ordinance of the city or any rule or regulation promulgated pursuant thereto, any act is prohibited or 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 or a misdemeanor, where no specific penalty is provided, the violation of any such provision of this code or any other ordinance, rule or regulation of the city shall be punished by a fine not exceeding one thousand dollars or imprisonment for a term not exceeding six months, or both such fine and imprisonment.

Every day any violation of this code or any other ordinance, rule or regulation of the city shall continue shall, unless otherwise provided, constitute a separate and distinct offense.

1.    Offenses Charged as Infractions. Any violation or offense may be deemed an infraction as defined by Section 19, et seq., of the California Penal Code and charged as such in the discretion and at the election of the prosecutor of the city, in which event the punishment therefor shall not be imprisonment but a fine not to exceed the sum of five hundred dollars for each such infraction.

2.    Notice to Appear. This code adopts by reference California Penal Code Sections 853.6, 853.7 and 853.8.

B.    A Continuing Violation of this Code is a Public Nuisance. The city council may order the abatement of any public nuisance, as defined in this section, by separate ordinance of the city, or any state statute following notice and hearing. The city council may direct that the hearing be conducted before another board commission or officer of the city. When applicable, costs incurred by the city in abating such nuisances shall be special assessments against the parcels or property where the nuisances are located. The foregoing provisions are alternative and supplemental to other procedures provided by law for the abatement of nuisances.

C.    Any police or fire officer or city manager employed by the city of Lakeport may cite a person without a warrant whenever he/she has reasonable cause to believe that the person to be issued the citation has committed a misdemeanor in his/her presence, which misdemeanor is a violation of any statute or ordinance of the city except that where the violation constitutes grounds for revoking a valid permit or approval issued by the city, no citation may be issued while such permit remains in force.

D.    Pursuant to the authority contained in Penal Code Section 836.5, the city council authorizes the community development director and/or his/her duly authorized representative to arrest without a warrant any person whenever the community development director and/or his/her authorized representative has reasonable cause to believe that the person has committed a misdemeanor or an infraction in his/her presence. Such authority shall apply only to arrests for violations of statutes or ordinances which the community development director and/or his/her authorized representative has the duty to enforce during the duration of the community development director’s and/or his/her authorized representative’s job.

The community development director and/or his/her duly authorized representative may arrest a violator of the public offenses set forth in the Lakeport Municipal Code and issue a citation and notice to appear in the manner prescribed by Chapter 5.c. of Title 3, Part 2 of the Penal Code.

Each citation to appear shall state the name and the address of the violator, the provisions of the article violated, and the time and place of appearance before the court. The person cited shall sign the citation giving his/her written promise to appear as stated therein. If the person cited fails to appear, the city attorney may request issuance of a warrant for the arrest of the person cited. (Ord. 850 §2, 2006)