Chapter 1-2
PENALTY PROVISIONS

Sections:

1-2-01  Violations infractions.

1-2-02  Prohibited acts: Resisting, delaying, or obstructing officer or emergency medical technician: Punishment.

1-2-03  Imposition of penalty.

1-2-04  Determination of punishment.

1-2-05  Place of confinement.

1-2-06  Fees, charges, and taxes made a civil debt.

1-2-07  Noncompliance with conditions of zoning misdemeanors.

1-2-08  Minimum fines: Junior Traffic Patrol: Traffic: Parking: Abandoned vehicles: Nuisances.

1-2-09  Minimum fines: Municipal parking lots: Parking meter zones: Parking: Loading and unloading.

1-2-01 Violations infractions.

(a)  It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this Code or the provision of any Code adopted by reference by this Code. Any person violating any of such provisions or failing to comply with any of the mandatory requirements of this Code shall be guilty of an infraction; provided, however, the violation, on approval of the City Attorney, may be elevated to a misdemeanor, punishable as provided by Section 1-2-01(e).

(b)  Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Code, or the provisions of any Code adopted by reference by this Code, is committed, continued, or permitted by such person and shall be punishable accordingly.

(c)  In addition to the penalties provided by this section, any condition caused or permitted to exist in violation of any of the provisions of this Code, or the provisions of any Code adopted by reference by this Code, shall be deemed a public nuisance and may be summarily abated by the City, and each day such condition continues shall be regarded as a new and separate offense.

(d)  Notwithstanding the foregoing, any person violating a Turlock Municipal Code Section which is punishable as a misdemeanor shall be guilty of a misdemeanor and not an infraction as provided for in Section 1-2-01(a).

(e)  Any person convicted of a misdemeanor under the provisions of this Code shall be punishable by a fine not to exceed Five Hundred and no/l00ths ($500.00) Dollars, or by imprisonment in the County Jail for a period not to exceed six (6) months, or by both such fine and imprisonment.

(813-CS, Amended, 06/08/1993; 237-CS, Amended, 03/04/1976; 215-CS, Amended, 03/20/1975)

1-2-02 Prohibited acts: Resisting, delaying, or obstructing officer or emergency medical technician: Punishment.

(a)  Prohibited acts. 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.

(b)  Resisting, delaying or obstructing. Every person who willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician, as defined in Division 2.5 (commencing with Section 1797) of the Health and Safety Code, in the discharge or attempt to discharge any duty of his or her office or employment, as imposed or established by or pursuant to the Turlock Municipal Code, when no other punishment is prescribed, is a misdemeanor which is punishable by a fine not exceeding One Thousand ($1,000.00) Dollars, or by imprisonment in a county jail not exceeding one (1) year, or by both such fine and imprisonment.

(769-CS, Amended, 02/25/1992)

1-2-03 Imposition of penalty.

The provisions of this Code which declare certain crimes to be punishable as therein mentioned devolve a duty upon the court authorized to pass sentence to determine and impose the punishment described.

1-2-04 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.

In any case in which the violation is the failure or refusal to pay a charge or fee required by this Code, or any resolution, rule, or regulation adopted pursuant thereto, the amount of such charge or fee, and any penalty thereon, shall be paid at the time of, or prior to the time of, the payment of any fine or penalty imposed by the court as punishment.

(244-CS, Amended, 04/15/1976)

1-2-05 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 County Jail.

1-2-06 Fees, charges, and taxes made a civil debt.

The amount of any fee, service charge, utility charge, license, or tax of any nature whatsoever imposed by any provision of this Code shall be deemed a civil debt owing to the City. An action may be commenced in the name of the City in any court of competent jurisdiction for the collection of the amount of any such delinquent or unpaid fee, service charge, utility charge, license, or tax, together with any penalties applicable thereto as prescribed by this Code. The remedy prescribed by this section shall be accumulative, and the use of an action to collect such an amount as a debt by civil action shall not bar the use of any other remedy provided by this Code or by law for the purpose of enforcing the provisions thereof.

1-2-07 Noncompliance with conditions of zoning misdemeanors.

It shall be unlawful for any person to violate or fail to comply with any conditions imposed on any zone change or zone amendment. Any person violating any of such conditions shall be guilty of a misdemeanor as provided in this chapter.

(437-CS, Enacted, 07/10/1980)

1-2-08 Minimum fines: Junior Traffic Patrol: Traffic: Parking: Abandoned vehicles: Nuisances.

Every person convicted of an infraction for a violation of the following sections shall be punished by the imposition of a fine of at least: Fifty-three and 50/100ths ($53.50) Dollars:

4-4-07 Junior Traffic Patrol: Violations of provisions

4-7-203 Obedience to police or authorized officers

4-7-1004 Use of streets for storage of vehicles prohibited

4-7-1009 Parking trucks and vans near intersections and driveways

4-7-1015 Parking in fire lanes

4-7-1016 Parking on private property without consent prohibited

4-8-501 Abandoned, wrecked, dismantled, or inoperative vehicles: Violations: Infractions

4-8-502 Abandoned, wrecked, dismantled, or inoperative vehicles: Refusal to remove: Infractions

5-5-501 Dismantling and repair of motor vehicles: Nuisances declared

(754-CS, Amended, 11/30/1991; 593-CS, Enacted, 01/22/1987)

1-2-09 Minimum fines: Municipal parking lots: Parking meter zones: Parking: Loading and unloading.

(a)  Every person convicted of an infraction for a violation of the following sections, shall be punished by the imposition of a fine of Nine and 50/100ths ($9.50) Dollars:

4-5-05 Municipal parking lots: Maximum vehicle length

4-5-07 Municipal parking lots: Civic Center, parks, and recreational facilities

4-6-02 Parking meter zones: Parking limits: Establishment

4-7-1010(a),(b),(c) Method of parking

(b)  Every person convicted of an infraction for a violation of the following sections shall be punished by the imposition of a fine of Ten and 50/100ths ($10.50) Dollars:

4-5-06 Municipal parking lots: Parking time limits

4-7-1003(a),(b),(c),(d) No parking areas

4-7-1105 All-night parking prohibited

4-7-1204 Standing for loading or unloading only

4-7-1205 Standing in passenger loading zones

4-7-1206 Standing in alleys

(754-CS, Amended, 11/30/1991; 590-CS, Enacted, 12/09/1986)