Avenal Municipal Code Ch. 2 Penalty Provisions

Sections:

• 1-2.01 Violations.
• 1-2.02 Prohibited acts.
• 1-2.03 [Duty of court.]
• 1-2.04 Determination of punishment.
• 1-2.05 Fees, charges, licenses, and taxes made a civil debt.
• 1-2.06 Violation of administrative provisions. 1-2.01 Violations. It shall be unlawful for any person to violate any provisions or to fail to comply with any of the requirements of this Code or the provisions of any Code adopted by reference by this Code. Unless otherwise specified, 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 as designated by, and provided for, in Sections 16, 17, 19c and 19d of the Penal Code and Section 40000.1 of the Vehicle Code of the State. 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. Unless otherwise specified, any person convicted of an infraction under the provisions of this Code shall be punishable for a first conviction by a fine of not more than fifty dollars ($50.00), and for a second conviction within a period of one year by a fine of not more than one hundred dollars ($100.00), and for a third or any subsequent conviction within a period of one year by a fine of not more than two hundred fifty dollars ($250.00). 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, or any subdivision, building, wiring, plumbing, or other similar activity in violation of the provisionsof this Code shall be deemed a public nuisance and may be summarily abated by the City in a civil action, and each day such condition continues shall be a new and separate offense. (Ord. 89-10 § 1, 1989)

Title 1 GENERAL PROVISIONS Avenal, California, Code of Ordinances Page 4 1-2.02 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. 1-2.03 [Duty of court.] 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 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. 1-2.05 Fees, charges, licenses, 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 cumulative, and the use of an action to collect such 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. 1-2.06 Violation of administrative provisions. The violation of any administrative provisions of this Code by any officer or employee of the City may be deemed a failure to perform the duties or to observe the rules or regulations of the department, office, or board within the meaning of the rules and regulations of the City or of the civil service regulations of the City.