Agoura Hills Municipal Code Ch. 2 Penalties

Footnotes:

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Cross reference— Enforcement officer, § 2401.

(a) Violations a misdemeanor. No person shall violate any provisions or fail to comply with any of the requirements of this Code. Any person violating any of the provisions or failing to comply with any of the requirements of this Code shall be guilty of a misdemeanor unless such violation or failure to comply is expressly stated by this Code to be an infraction. Any person convicted of a misdemeanor under the provisions of this Code shall be punishable by a fine of not more than one thousand dollars ($1,000.00), or by imprisonment in the county jail for a period not exceeding six (6) months, or by both such fine and imprisonment. 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 is committed, continued, or permitted by such person and shall be punishable accordingly.

(b) Infractions. Any person violating any provision or failing to comply with any mandatory requirement of this Code expressly stated by this Code to be an infraction shall be guilty of an infraction. Any person convicted of an infraction shall be punishable by:

(1) A fine not exceeding one hundred dollars ($100.00) for a first violation;

(2) A fine not exceeding two hundred dollars ($200.00) for a second violation of the same provision of this Code within one (1) year;

(3) A fine not exceeding five hundred dollars ($500.00) for each additional violation of the same provision of this Code within one (1) year.

Each 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 is committed, continued or permitted by such person and shall be punishable accordingly.

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

(Ord. No. 105, 6-3-86)

The violation of any administrative provision of this Code by any officer or employee of the city may be deemed a failure to perform the duties under or observe the rules and regulations of the department, office or board within the meaning of the rules and regulations of the city.

(a) Notice to appear. In any case in which a person is arrested for an offense declared by this Code to be a misdemeanor and does not demand to be taken before a magistrate, such person may, instead of being taken before a magistrate, be released according to the procedures set forth by this section. If the arresting officer or his superior determines that the person should be released, such officer or superior shall prepare in duplicate a written notice to appear in court, containing the name and address of such person, the offense charged, and the time and place where and when such person shall appear in court. If a person is not released prior to being booked and the officer in charge of the booking or his superior determines that the person should be released, such officer or superior shall prepare such written notice to appear in court.

(b) Time specified. Unless waived by the person, the time specified in the notice to appear must be at least five (5) days after arrest.

(c) Place specified. The place specified in the notice shall be the court of the magistrate before whom the person would be taken if the requirement of taking an arrested person before a magistrate were complied with, or shall be an officer authorized by such court to receive a deposit of bail.

(d) Promise to appear. The officer shall deliver one (1) copy of the notice to appear to the arrested person; and the arrested person, in order to secure release, must give his written promise so to appear in court by signing the duplicate notice which shall be retained by the officer. Thereupon the arresting officer shall forthwith release the person arrested from custody.

(e) Bail. The officer shall, as soon as practicable, file the duplicate notice with the magistrate specified therein. Thereupon the magistrate may fix the amount of bail which in his judgment, in accordance with the provisions of Section 1275 of the Penal Code of California, will be reasonable and sufficient for the appearance of the defendant and shall endorse upon the notice a statement signed by him in the form set forth in Section 815a of the Penal Code. The defendant may, prior to the date upon which he 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 shall not appear, either in person or by counsel, the magistrate may declare the bail forfeited, and may in his 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 of the Penal Code.

(f) Warrants; failure to appear. 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 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.

The officer shall indicate on the notice to appear whether he desires the arrested person to be booked as defined in subdivision 21 of Section 7 of the Penal Code. In such event, the magistrate shall, before the proceedings are finally concluded, order the defendant to be booked by the arresting agency.

(g) Application of this section. A peace officer may use the written notice to appear procedure set forth in this section for any misdemeanor offense for which the officer has arrested a person pursuant to Penal Code Section 836 or in which he has taken custody of a person pursuant to Penal Code Section 847.

(h) Release after booking. If the arrested person is not released pursuant to the provisions of this section prior to being booked by the arresting agency, then at the time of booking the arresting officer, the officer in charge of such booking or his superior officer, or any other person designated by the city or county for this purpose, shall make an immediate investigation into the background of the person to determine whether he should be released pursuant to the provisions of this section. Such investigation shall include, but need not be limited to, the person's name, address, length of residence at the address, length of residence within this state, marital and family status, employment, length of that employment, prior arrest record, and such other facts relating to the person's arrest which would bear on the question of his release pursuant to the provisions of this section.

(i) Authority. The provisions of this section except this subsection (i) hereof have been enacted pursuant to the provisions of Section 853.6 of the Penal Code of the State of California.