Chapter 23.10
GENERAL PENALTIES
Sections:
23.10.010 General Prohibition.
23.10.030 Penalties for Infractions.
23.10.050 Citation Procedure for Violations.
23.10.070 Prosecutorial Duties of the City Attorney.
23.10.080 Establishment of Offenses as Infractions.
23.10.010 General Prohibition.
A. It is unlawful for any person to violate, or fail to comply with, any provision of the Santa Clarita Municipal Code. Each and every violation of any part of this code including, without limitation, any franchise or permit issued pursuant to this code is a misdemeanor unless otherwise specified.
B. Every person violating the code is guilty of a separate offense for each and every day during any portion of which any violation of any provision of this code is committed, continued, or permitted by such person.
C. In addition to these criminal penalties, any condition caused or permitted to exist in violation of any of the provisions of this code is a public nuisance and may be abated in accordance with this code. (Ord. 04-7 § 5, 8/24/04; Ord. 13-6 § 9 (Exh. H), 5/28/13)
23.10.020 General Penalty.
Persons convicted of a misdemeanor, the penalty for which is not otherwise prescribed, will be punished by a fine not to exceed one thousand dollars ($1,000); by imprisonment for not more than six (6) months; or by both a fine and imprisonment for each violation of this code. (Ord. 04-7 § 5, 8/24/04; Ord. 13-6 § 9 (Exh. H), 5/28/13)
23.10.030 Penalties for Infractions.
Each infraction is punishable as follows:
A. A fine not exceeding one hundred dollars ($100.00) for the first violation;
B. A fine not exceeding two hundred dollars ($200.00) for a second violation of the same provision within one (1) year; and
C. A fine not exceeding five hundred dollars ($500.00) for each additional violation of the same provision within one (1) year of the first violation. (Ord. 04-7 § 5, 8/24/04; Ord. 13-6 § 9 (Exh. H), 5/28/13)
23.10.040 Code Enforcement.
A. Authorization. The Police Department, Fire Department, Utilities Division, Building Official, and other persons designated by the City Manager are authorized to enforce the various provisions of this code under their respective authority or as is specifically assigned to them by the City Manager or City Council.
B. Powers of Arrest. Officials and employees designated to enforce provisions of this code have authority to arrest persons pursuant to Penal Code Section 836.5 for purposes of issuing citations for violations of provisions of this code. Police officers have full authority to arrest persons for violations of the provisions of this code pursuant to any applicable provision of the Penal Code. (Ord. 04-7 § 5, 8/24/04; Ord. 13-6 § 9 (Exh. H), 5/28/13)
23.10.050 Citation Procedure for Violations.
A. Any City officer or employee arresting any person for a violation of any provision of this code, who does not immediately take such arrested person before a magistrate, as prescribed in the Penal Code of the State, must prepare in duplicate a written notice to appear in court.
B. The notice must contain:
1. The name and address of the person arrested;
2. The offense charged, the time and place of the alleged violation; and
3. Where and when such person must appear in court. The time specified in the notice for appearance must be at least ten (10) days after such arrest. The place specified in the notice to appear and the notice must conform with all applicable provisions of the Penal Code.
4. The arresting City officer or employee must deliver one (1) copy of the notice to appear to the alleged violator. In order to secure immediate release, the violator must give a written promise to appear in court at the time and place indicated on the notice by signing the duplicate notice. That signed copy must be retained by the City officer or employee. Thereafter, the arresting City officer and employee must release the alleged violator from custody. The duplicate copy of the notice to appear must be filed in the manner prescribed in the Penal Code. (Ord. 04-7 § 5, 8/24/04; Ord. 13-6 § 9 (Exh. H), 5/28/13)
23.10.060 Failure to Appear.
Any person who willfully violates a written promise to appear in court by failing to appear at the time and place stated is guilty of a misdemeanor regardless of the disposition of the charge upon which the person was originally arrested. (Ord. 04-7 § 5, 8/24/04; Ord. 13-6 § 9 (Exh. H), 5/28/13)
23.10.070 Prosecutorial Duties of the City Attorney.
A. In addition to any other general functions, powers, and duties given to the City Attorney by this code or California law, the City Attorney will:
1. Prosecute on behalf of the people all criminal and civil cases for violations of this code; any franchises or permits issued pursuant to this code; City ordinances; and any State misdemeanors that the City Council elects to enforce.
2. Draft complaints for such cases and prosecute all recognizances and bail bonds forfeited arising from or resulting from the commission of such offenses.
3. Prosecute all actions for the recovery of fines, penalties, forfeitures, and other money accruing to the City under this code or otherwise.
4. Represent the City in all appeals arising as a consequence of the City Attorney’s prosecutions.
B. Notwithstanding any other provision of this code, the City Attorney is the only officer that may file misdemeanor charges in accordance with this code.
C. Nothing contained in this section will interfere with the authority of public safety officials to arrest persons pursuant to any applicable provision of this code and/or the California Penal Code. (Ord. 04-7 § 5, 8/24/04; Ord. 13-6 § 9 (Exh. H), 5/28/13)
23.10.080 Establishment of Offenses as Infractions.
Any violation expressly declared to be punishable, in the discretion of the Court, by either a fine, or by a fine or imprisonment, or both, shall become an infraction for all purposes under any of the following circumstances:
A. Where a judgment imposes a punishment of a fine not exceeding one hundred dollars ($100.00) in the case of a first offense;
B. When the court grants probation to a defendant without the imposition of a sentence and, at the time of granting probation, or on application of the defendant or probation officer thereafter, the court declares the offense to be an infraction; or
C. When the City Attorney or any deputy district attorney files in a court having jurisdiction over misdemeanor offenses a complaint specifying that the offense is an infraction. (Ord. 13-6 § 9 (Exh. H), 5/28/13)