Arcadia Municipal Code Ch. 2 Penalty Provisions

No person shall violate any provision or fail to comply with any of the requirements of this Code. Each such person shall be guilty of a separate offense for each and every day, or any portion thereof, of which any violation of any provision of this Code is committed, continued, or permitted by such person, and shall be punishable accordingly. Every act prohibited, declared unlawful, or declared substandard, and every failure to perform an act made mandatory, shall be a misdemeanor or an infraction, at the discretion of the city attorney.

(a) Penalty for Misdemeanor Violation. Any person convicted of a misdemeanor under any provision of this Code shall be punishable by a fine of not more than One Thousand Dollars ($1,000.00), or by imprisonment in the City or County Jail for a period not exceeding six (6) months, or by both such fine and imprisonment.

(b) Penalty for Infraction Violation. Any person convicted of an infraction under any provision of this Code shall be punished 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 within one (1) year; and

(3) A fine not exceeding Five Hundred Dollars ($500.00) for a third and for any additional violation of the same provision within one (1) year.

(c) Infractions Regarding Minors. Pursuant to the authority of Charter Section 1501, notwithstanding any other provision of this Code, when a person under the age of eighteen (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 Section 601 or 602 of the Welfare and Institutions Code. The amount of the fine imposed shall be set by the court.

(d) Recovery of Attorney's Fees. Any violation of the Arcadia Municipal Code is hereby declared to constitute a public nuisance. In any judicial action, or administrative or special proceeding brought by the City to abate a public nuisance pursuant to this Chapter or to otherwise enforce this Chapter, the prevailing party shall be entitled to recover its reasonable attorneys' fees. In no action or proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the City in the action or proceeding. A judicial action includes, but is not limited to, any civil or criminal action, inspection or abatement warrant, administrative proceeding, or appeal from an administrative proceeding. The City may recover any award of attorney's fees in any manner authorized by law, including without limitation by lien or special assessment.

(Amended by Ord. 2046 adopted 4-2-96; amended by Ord. 2047 adopted 4-2-96; amended by Ord. 2127 adopted 8-15-00)

(Amended by Ord. 2304 adopted 12-4-12)

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

Persons confined in the City Jail under a final judgment of imprisonment for violation of any Ordinance or of any Section of the Code may be required by the Chief of Police to perform labor on the streets or other public property or works within the City.

The phrase, "streets or other public property or works within the City", as used in this Chapter, shall include, among other things, clerical and menial labor in the City Jail, or in any camp maintained for the labor of such persons on the streets or other public property or works within the City.

The Chief of Police shall procure and use such means as he shall deem necessary for the security of all prisoners under his charge and may prescribe and administer such rules and regulations as shall be deemed necessary to keep good order among the prisoners and compel them to do their work.

All prisoners shall be treated with the utmost kindness compatible with the enforcement of the rules and regulations necessary to compel discipline and obedience to the officer in charge.

Any prisoner employed as above directed who escapes while so employed or while going to or returning from any such public work, shall be guilty of a misdemeanor and shall be punishable therefor in the same manner and to the same extent as violations of the Code are punishable.

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

That the portion of the Police Facilities Building located in the Civic Center at 250 West Huntington Drive, Arcadia, California, which is designated as the Security Section and includes identification, booking, interrogation, property rooms, quarters and accommodations for prisoners, is hereby established as the City Jail of the City.