Arroyo Grande Municipal Code Ch. 1.16 Penalty Provisions

A. It is unlawful for any person to violate any provision or fail to comply with any of the requirements of this code. A violation of any of the provisions or a failure to comply with any of the requirements shall constitute a misdemeanor, except for those specifically declared by this code to be an infraction. Notwithstanding any other provision of this code, any misdemeanor violation or failure to comply may, at the discretion of the city attorney, be initially charged or subsequently prosecuted as an infraction. Each and every infraction violation is punishable by a fine not exceeding one hundred dollars ($100.00) for a first violation, a fine not exceeding two hundred dollars ($200.00) for a second violation of the same ordinance within one year, and a fine not exceeding five hundred dollars ($500.00) for a third violation of the same ordinance within one year. Each and every misdemeanor violation is punishable by a fine not exceeding one thousand dollars ($1,000.00) or by imprisonment in the city or county jail for a period not exceeding six months or by both such fine and imprisonment.

B. 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.

(Prior code § 1-2.01)

Every person who causes, aids, abets or conceals the fact of a violation of this code is guilty of violating this code.

(Prior code § 1-2.02)

In addition to the penalties provided in this chapter, 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 be by this city summarily abated as such, and every day such condition continues shall be regarded as a new and separate offense.

(Prior code § 1-2.03)

The provisions of this code that 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.

(Prior code § 1-2.04)

Whenever in this code the punishment of 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 described by this code.

(Prior code § 1-2.05)

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.

(Prior code § 1-2.06)

The amount of any fees, service charge, utility charge, license, fine 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, fine, or tax, together with any penalties applicable thereto as prescribed by this code. The remedy prescribed by this section shall be cumulative, and the use of any 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.

(Prior code § 1-2.07)