Chapter 1.16
VIOLATIONS
Sections:
1.16.010 Enforcement – Misdemeanors.
1.16.011 Enforcement – Infraction.
1.16.012 Administrative enforcement.
1.16.013 Falsifying information.
1.16.015 Violations include aiding, abetting, concealing.
1.16.017 Enforcement by civil action – Abatement – Exclusivity of remedies.
1.16.020 Notice to appear – Issuance.
1.16.060 Bail – Deposit and forfeiture.
1.16.070 Warrant for arrest – Issuance.
1.16.090 Code enforcement officer designation authority.
1.16.010 Enforcement – Misdemeanors.
(a) Subject to subsection (d) of this section, every act prohibited or declared unlawful and every failure to perform an act required by this code is a misdemeanor, except in cases in which the act or failure to perform an act is expressly stated to be an infraction; provided, that the city attorney may elect to prosecute any misdemeanor as an infraction.
(b) A misdemeanor is punishable by a fine of no more than $1,000 or by imprisonment for no longer than six months, or by both such fine and imprisonment, unless this code otherwise specially provides.
(c) Any person causing or permitting a violation of this code shall be regarded as committing a separate offense on each day that the violation occurs or continues.
(d) Violations of provisions of this code regulating and prohibiting the standing and parking of motor vehicles shall be treated and processed pursuant to California Vehicle Code Section 40200 et seq. as adopted in Chapter 1.18 PGMC, Motor Vehicle Parking Violation Enforcement. [Ord. 16-023 § 3, 2016; Ord. 08-006 § 8, 2008; Ord. 1961 N.S. § 3, 1994; Ord. 1902 N.S. § 1, 1993; Ord. 1673 N.S. § 1, 1989; Ord. 1548 N.S., 1986; Ord. 833 N.S. § 1, 1975; Ord. 444 N.S. § 7, 1963].
1.16.011 Enforcement – Infraction.
(a) An infraction is punishable by:
(1) A fine not exceeding $100.00 for the first violation;
(2) A fine not exceeding $200.00 for a second violation of the same ordinance within one year;
(3) A fine not exceeding $500.00 for each additional violation of the same ordinance within one year.
(b) Any person causing or permitting a violation of this code shall be regarded as committing a separate offense on each day that the violation occurs or continues. [Ord. 08-006 § 5, 2008].
1.16.012 Administrative enforcement.
(a) The city attorney is authorized to enforce any violations of any provisions of this code as set forth in Chapter 1.19 PGMC, Municipal Code and Ordinance Enforcement.
(b) The amounts of fines for violation of various provisions of Chapter 1.19 PGMC, Municipal Code and Ordinance Enforcement, shall be in accord with this chapter or as established by resolution of the council. [Ord. 08-006 § 6, 2008].
1.16.013 Falsifying information.
Any person who (a) knowingly makes, submits or files any false statement, representation, record, report, plan or other document, including but not limited to photographic, video or electronic media, to the city, or who (b) falsifies, tampers with, or knowingly renders inaccurate any required monitoring device, is hereby declared to be subject to each of the penalties and civil liabilities imposed by this chapter. [Ord. 08-006 § 7, 2008; Ord. 06-017 § 8, 2006].
1.16.015 Violations include aiding, abetting, concealing.
Every person who causes, aids, abets, or conceals the fact of a violation of this code is guilty of violating this code. [Ord. 444 N.S. § 8, 1963].
1.16.017 Enforcement by civil action – Abatement – Exclusivity of remedies.
(a) In addition to the penalties provided in this code, this code may be enforced by civil action. Any condition existing in violation of this code shall constitute a public nuisance.
(b) The appropriate officers of the city may summarily abate any such nuisance existing on any public property. Where the nuisance exists on private property, it may be summarily abated after 10 days’ written notice of intention to do so addressed by regular mail to the last known address of the owner of the property involved. If the owner does not make a substantial effort to abate the nuisance during the 10-day period, the owner shall be liable for all costs and expenses incurred by the city in doing so. The total amount incurred shall constitute a special assessment against the parcel, which shall be collected at the same time and in the same manner as ordinary city property tax, and shall be subject to the same penalties and all laws applicable to the levy, collection and enforcement thereof.
(c) None of the remedies provided in this code shall be exclusive. [Ord. 1961 N.S. § 4, 1994; Ord. 950 N.S. § 1, 1977; Ord. 444 N.S. § 9, 1963].
1.16.020 Notice to appear – Issuance.
If any person is arrested for a violation of any provision hereof, and such person is not immediately taken before a magistrate, the arresting officer shall prepare a written notice to appear in accordance with California Penal Code Section 853.6. A copy of the notice to appear shall be delivered to and signed by the arrested person in accordance with said Penal Code section. Once the notice is signed, i.e., once the arrested person has given his or her written promise to appear, the arresting officer shall forthwith release the person from custody. [Ord. 1961 N.S. § 5, 1994; Ord. 361 N.S., 1961; Ord. 210 N.S. § 1-501(1), 1952].
1.16.060 Bail – Deposit and forfeiture.
The officer shall, as soon as practicable, file a duplicate notice with a magistrate. Thereupon, the magistrate shall fix the amount of bail which will be reasonable and sufficient for the appearance of the defendant and shall endorse upon the notice a statement signed by him or her in the form set forth in Section 815a of said Penal Code. The defendant may, prior to the date upon which he or she promised to appear in court, deposit with the magistrate the amount of bail thus set. Thereafter, at the time when the case is called for arraignment before the magistrate, if the defendant does not appear, either in person or by counsel, the magistrate may declare the bail forfeited, and may in his or her discretion order that no further proceedings shall be had in such case.
Upon the making of such order that no further proceedings be had, all sums deposited as bail shall forthwith be paid into the county treasury for distribution pursuant to Section 1463 et seq., of said Penal Code. [Ord. 1961 N.S. § 9, 1994; Ord. 361 N.S., 1961: 210 N.S. § 1-501(5), 1952].
1.16.065 Bail – Schedule.
The amounts of bail for violation of various provisions of this code shall be as established by resolution of the council. [Ord. 1858 N.S. § 1, 1992; Ord. 1457 N.S. § 2, 1984; Ord. 1455 N.S. § 2, 1984; Ord. 1185 N.S. § 1, 1980; Ord. 912 N.S. § 1, 1976].
1.16.070 Warrant for arrest – Issuance.
No warrant shall issue on such charge for the arrest of a person who has given such written promise to appear in court, unless and until he or she has violated such promise or has failed to deposit bail, to appear for arraignment, trial or judgment, or to comply with the terms and provisions of the judgment, as required by law. [Ord. 361 N.S., 1961; Ord. 210 N.S. § 1-501(6), 1952].
1.16.090 Code enforcement officer designation authority.
The city manager is empowered to designate public officers or employees to exercise the powers authorized by Section 836.5(a) of the California Penal Code, including the issuance of citations for violation of the provisions of this code pursuant to Sections 853.5 and 853.6 of the California Penal Code. [Ord. 1529 N.S., 1986].