Alhambra Municipal Code Ch. 1.12 Violations Procedure

Whenever in this code or in any other ordinance of the city, any act 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 or a misdemeanor, where no specific penalty is provided therefor, the violation of any such provision of this code or any other ordinance of the city shall be punished by a fine set by City Council resolution or imprisonment for a term not exceeding six months, or by both such fine and imprisonment. Every day any violation of this code or any other ordinance of the city shall continue shall constitute a separate offense. Any violation of the code that is declared a misdemeanor can be prosecuted as an infraction at the discretion of the City Attorney.

('86 Code, § 1.12.010) (Am. Ord. 4544, passed 5-26-09

Cross-reference:

For further provisions declaring violation of ordinance a misdemeanor and providing penalties therefor, see Charter §§ 61(5, 6) and 197

Statutory reference:

For further provisions concerning the authority of cities to impose fines not exceeding $1,000 and imprisonment for violations of ordinances, see Cal. Gov't Code § 36901

Penalties for misdemeanor violations, see Cal. Penal Code § 19

Whenever in this code or in any other ordinance of the city, any act 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 and the violation of any such provision of this code or any other ordinance of the city is expressly made an infraction, such infraction shall be punishable in amounts as established by City Council resolution.

('86 Code, § 1.12.011) (Ord. 3636, passed - - ; Am. Ord. 4544, passed 5-26-09)

Statutory reference:

For further provisions concerning declaring violation of ordinances to be a misdemeanor unless otherwise made an infraction, see Cal. Gov't Code § 36900

The Code Enforcement Manager, Code Enforcement Officer, Fire Marshal and/or Fire Prevention Captain if authorized by the City Manager or his or her designee shall have the authority, as a public officer, to arrest any person without a warrant whenever such officer has reasonable cause to believe that the person has, in his or her presence, violated any provision of this code, the violation of which is a public offense.

('86 Code, § 1.12.012) (Ord. 3686, passed - - ; Am. Ord. 3935, passed - - )

In any case in which an arrest is made pursuant to this chapter for an offense declared to be a misdemeanor, the arresting officer will, instead of taking the person arrested before a magistrate, follow the procedure prescribed by Cal. Penal Code §§ 853.6 et seq. (Chapter 5C of Title 3 of Part 2), unless the arrested person demands to be taken before a magistrate. The provisions of the Chapter 5C shall thereafter apply with reference to any proceeding based upon the issuance of a citation pursuant to Chapter 1.12 of this code. Except as otherwise provided by law, all provisions of law relating to misdemeanors shall apply to infractions including, but not limited to, powers of peace officers, jurisdiction of courts, periods for commencing action and for bringing a case to trial and burden of proof.

('86 Code, § 1.12.020) (Ord. 2805, passed - - ; Am. Ord. 3935, passed - - )

Any person willfully violating his or her written promise to appear in court is guilty of a misdemeanor regardless of the disposition of the charge upon which he or she was originally arrested. The place specified in the notice to appear shall be before a municipal court judge of the municipal court of the city judicial district.

('86 Code, § 1.12.030) (Ord. 2805, passed - - )

When a person signs a written promise to appear at the time and place specified in the written promise to appear and has not posted bail as provided in Cal. Penal Code § 853.1, the magistrate shall issue and have delivered for execution a warrant for his or her arrest in 20 days after his or her failure to appear as promised, or if such person promises to appear before an officer authorized to accept bail other than a magistrate and fails to do so on or before the date on which he or she promised to appear, then, within 20 days after the delivery of such written promise to appear by the officer to a magistrate having jurisdiction over the offense. The officer shall deliver one copy of the notice to appear to the arrested person and the arrested person, in order to secure release, must give his or her 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.

('86 Code, § 1.12.040) (Ord. 2805, passed - - )

(A) There shall be no civil liability on the part of and no cause of action shall arise against any person acting pursuant to this chapter and within the scope of his or her authority for false arrest or false imprisonment arising out of any arrest which is lawful or which the arresting city officer or employee at the time of such arrest had reasonable cause to believe was lawful. No such city officer or employee shall be deemed an aggressor or lose his or her right to self-defense by use of reasonable force to effect the arrest or to prevent escape or to overcome resistance.

(B) Nothing in this chapter is intended to or shall operate to change or shall have the effect of changing the status of any city “miscellaneous” officer or employee who is charged by any provision in this code with the enforcement thereof to that of an individual peace officer or safety member for purposes of retirement, workers compensation or similar injury or death benefits, or any other employee benefits to which the city “miscellaneous” officer or employee would not have been entitled to as a city “miscellaneous” officer or employee prior to the adoption hereof.

('86 Code, § 1.12.050) (Ord. 3935, passed - - )

Notwithstanding any other provision of this code, when a person under the age of 18 years is charged with a violation of this code, and a peace officer issues a notice to appear in superior court to that minor, the charge shall be deemed an infraction unless the minor requests that a petition be filed under Cal. Welf. & Inst. Code §§ 601 or 602. The amount of the fine imposed shall be set by the court.

(Ord. 4287, passed 6-12-95)

Upon a finding by a city official vested with the authority to enforce the provisions of this code that a violation exists, such official may issue an administrative citation under Chapter 1.13.

(Ord. 4544, passed 5-26-09)

The City Attorney, by and at the request of the City Council or city staff, may institute an action in any court of competent jurisdiction to restrain, enjoin or abate the condition(s) found to be in violation of the provisions of this code, as provided by law. In any civil action commenced by the city to abate a public nuisance, to enjoin violation of any provision of this code, or to collect a civil debt owing to the city, the city shall be entitled to recover from the defendant in any such action all costs incurred therein, including reasonable attorneys' fees and costs of suit, subject to § 1.12.090 of this code.

(Ord. 4573, passed 1-10-11)

Under Cal. Gov't Code § 38773.5, in any action, administrative proceeding, or special proceeding brought to abate a public nuisance, the prevailing part will be entitled to recover attorneys' fees, provided that attorneys' fees will only be available in those actions or proceedings in which the city has provided notice at the commencement of such action or proceeding that it intends to seek and recover its own attorneys' fees. In no action or proceeding shall an award of attorneys' fees exceed the amount of reasonable attorneys' fees incurred by the city in the action or proceeding.

(Ord. 4573, passed 1-10-11)