Chapter 1.05
PENALTY PROVISIONS
Sections:
1.05.010 Violations an infraction.
1.05.020 Prohibited acts include causing, permitting and suffering.
1.05.030 Imposition of penalty.
1.05.040 Determination of punishment.
1.05.050 Place of confinement.
1.05.010 Violations an infraction.
Pursuant to the provisions of Government Code Section 36900(a), whenever in this code or in any other ordinance of the City any action is prohibited or is 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, the violation of such provision of this code or any City ordinance shall be, when so provided, a misdemeanor, but where no specific penalty is provided for the violation of a provision of this code, such violation shall be an infraction. Whenever the violation of any provision of this code or City ordinance is chargeable as a misdemeanor, such violation shall be an infraction whenever the citing officer files a complaint or issues a notice to appear charging the offense as an infraction unless the defendant, at the time of arraignment, elects to have the case proceed as a misdemeanor. In addition to any specific fine or penalty set forth in this code, if such violation is charged by the citing officer as an infraction, the violation shall be punishable as set forth in Government Code Section 36900(b).
Every day any violation of this code or any other ordinance of the City continues shall constitute a separate offense. However, every person violating a provision of this code relating to the time a vehicle may be left standing or parked is guilty of a further and separate violation for each period of time that the vehicle is left so parked equal to the maximum legal parking time for the particular traffic zone or parking space as designated by ordinance or resolutions adopted fixing such maximum legal parking time. [Ord. 1054 § 1, 1990.]
1.05.020 Prohibited acts include causing, permitting and suffering.
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. [Ord. 1054 § 1, 1990.]
1.05.030 Imposition of penalty.
The provisions of this code which declare certain crimes to be punishable as herein mentioned devolve a duty upon the court authorized to pass sentence to determine and impose the punishment described. [Ord. 1054 § 1, 1990.]
1.05.040 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. [Ord. 1054 § 1, 1990.]
1.05.050 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 the County Jail. [Ord. 1054 § 1, 1990.]
1.05.060 Enforcement.
A. Public Nuisance. Any violation of this code constitutes a public nuisance. In addition to any other remedies provided by this code, the City may abate and bring civil suit to enjoin or abate the violation.
B. Power of Arrest. The City Manager and his or her designee, the Planning Director and his or her designee, the Public Works Director and his or her designee, the Building Inspector/Code Enforcement Officer and his or her designee, the Finance Director and his or her designee, the Fire Chief and Fire Marshal and their designees, and other employees of the City when so designated by resolution of the City Council, are vested with the authority to cite and arrest any person who violates any of the provisions of this code or any City ordinance.
C. The remedies provided in this chapter shall be cumulative and not exclusive.
D. Whenever a specific provision of this code empowers the City to pursue a civil remedy against an individual, it shall not bar the bringing of a criminal charge against such individual pursuant to the provisions of this chapter. [Ord. 1054 § 1, 1990.]