Chapter 1.56
PENALTY PROVISIONS
Sections:
1.56.010 Misdemeanors—Infractions.
1.56.050 Continuing violations.
1.56.070 Procedure for arrest of violators.
1.56.010 Misdemeanors—Infractions.
A. No person, firm, corporation, or other responsible entity shall violate any provision, restriction, or requirement of this code or any code adopted by reference herein, any ordinance of the city, any rule or regulation promulgated pursuant thereto, or any condition of any permit, license, or other entitlement issued pursuant to this code.
B. Any person, firm, corporation, or other responsible entity that violates any provision, restriction, or requirement of this code or any code adopted by reference herein, any ordinance of the city, any rule or regulation promulgated pursuant thereto, or any condition of any permit, license, or other entitlement issued pursuant to this code shall be guilty of a misdemeanor, unless:
1. Such requirement is classified as an infraction by the California Vehicle Code, this code, or any ordinance of the city;
2. A public officer or employee designated in, or pursuant to Section 1.58.010 issues a citation charging the offense as an infraction;
3. The prosecuting attorney files a complaint charging the offense as an infraction;
4. After filing of a misdemeanor complaint, the court, solely upon motion of the people, reduces the charge to an infraction, and the defendant does not object to having the case proceed as an infraction; or
5. An enforcement officer issues an administrative citation pursuant to Chapter 1.59.
(Ord. 2293 § 1, 3-13-12: Ord. 2162, § 1, 4-27-04; Ord. 2011 § 1 Exh. A (part), 8-27-96: Ord. 1927 § 1 (part), 11-24-92)
1.56.020 Responsibility.
The occupant of any premises upon which a violation of any provision of this code is apparent, the owner of such premises, or the owner of any object or material placed or remaining anywhere in violation of any provision of this code, is prima facie responsible for the violation and shall be subject to the penalties provided therefor.
(Ord. 1927 § 1 (part), 11-24-92)
1.56.030 Prohibited acts.
Whenever this code makes any act or omission unlawful, such unlawful act or omission shall include causing, permitting, aiding, abetting, suffering or concealing such act or omission.
(Ord. 1927 § 1 (part), 11-24-92)
1.56.040 Punishment.
A. Any person convicted of a misdemeanor under the provisions of this code, unless provision is otherwise herein made, shall be punishable by a fine of not more than one thousand dollars or by imprisonment in the Los Angeles County jail for a period of not more than six months, or by both such fine and imprisonment.
B. Any person convicted of an infraction under the provisions of this code, unless provision is otherwise herein made, shall be punishable upon a first conviction by a fine of not more than two hundred fifty dollars and for a second conviction within a period of one year by a fine of not more than five hundred dollars, and for a third or any subsequent conviction within a period of one year by a fine of not more than seven hundred fifty dollars.
(Ord. 1976 § 1, 7-26-94: Ord. 1927 § 1 (part), 11-24-92)
1.56.050 Continuing violations.
It shall constitute a new and separate offense for each and every day during any portion of which a violation of, or failure to comply with, any provision or requirement of this code is committed, continued, or permitted by any person, and such person shall be punished accordingly.
(Ord. 1927 § 1 (part), 11-24-92)
1.56.060 Public nuisances.
In addition to other penalties provided by law, any condition caused or permitted to exist in violation of any provision of this code shall be deemed a public nuisance and may be summarily abated as such by the city, and each day such condition continues shall constitute a new and separate offense.
(Ord. 1927 § 1 (part), 11-24-92)
1.56.070 Procedure for arrest of violators.
Any person, firm or corporation found to be in violation of an act deemed to be a misdemeanor or infraction under this code shall be subject to the arrest procedure outlined in California Penal Code Sections 853.5 and 853.6. A peace officer who has reasonable cause to believe that the person is in violation of this chapter shall require the alleged violator to present his or her driver’s license or other satisfactory evidence of identity for examination, and to sign a written promise to appear. If the violator does have a driver’s license or other satisfactory evidence of identity in his or her possession, the officer may require the violator to place a right thumb print, or a left thumbprint or fingerprint if the person has a missing or disfigured right thumb, on the promise to appear. If the violator refuses to sign a written promise to appear, has no satisfactory identification, or refuses to provide a thumbprint or fingerprint to sign such a written promise, the violator may be taken into custody.
Any person who wilfully violates his or her written promise to appear or a lawfully granted continuance of his promise to appear in court may be subject to the issuance of a warrant for his or her arrest pursuant to Penal Code Sections 853.7 and 853.8.
(Ord. 2047 § 1, 6-8-99)