Banning Municipal Code Ch. 1.28 General Penalty

A. It is unlawful for any person to violate any provision or to fail to comply with any requirement of this Code.

B. Whenever in this Code any act or omission is made unlawful, it includes causing, permitting, aiding, abetting, maintaining, suffering or concealing the fact of such act or omission.

C. Any person violating any of the provisions of this Code is guilty of a misdemeanor, unless the offense is specifically classified in this Code or by state law as an infraction. However, the city attorney or city prosecutor is authorized to file or charge any violation of this Code as either a misdemeanor or infraction or reduce any charge filed as a misdemeanor to an infraction.

D. Each day that any condition caused or permitted to exist in violation of this Code constitutes a new and separate violation.

E. The owner of any property, building or structure within the city is responsible for keeping such property, building or structure free of violations related to its use or condition. The owner of such property, building or structure is separately liable for violations committed by tenants or occupants relative to the use or condition of the property.

F. The penalty provided in this section is in addition to other provisions of this Code or other law.

(Ord. No. 1381, § 3.)

Where no specific penalty is provided, any conviction of a misdemeanor under the provisions of this Code or any other ordinance of the city shall be punished by a fine not exceeding one thousand dollars or imprisonment for a term not exceeding six months, or by both such fine and imprisonment.

(Ord. No. 1381, § 4.)

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 by:

A. A fine not exceeding one hundred dollars for a first violation;

B. A fine not exceeding two hundred dollars for a second violation of the same section of this Code or ordinance within one year;

C. A fine not exceeding five hundred dollars for each additional violation of the same section of this Code or ordinance within one year.

(Ord. No. 1381, § 5.)

In all cases where the same offense is made punishable or is created by different clauses or sections of this Code, the city attorney or city prosecutor may elect under which to proceed, but not more than one recovery shall be had against the same person for the same offense.

(Ord. No. 1381, § 6.)

A. Each person or the successor of each person who holds an entitlement permit, a variance permit,

or any other permit or license issued by the city shall comply with each provision of the permit or license and with each term that is imposed as a condition to the exercise of the permit or license.

B. Each person or the successor of each person who receives a rezoning or subdivision approval shall comply with each provision of the approval and with each term that is imposed as a condition to the approval of the rezoning or subdivision.

(Ord. No. 1381, § 7.)

Pursuant to California Government Code Section 36900, the city attorney or city prosecutor may prosecute any violation of this Code in the name of the people of the State of California.

(Ord. No. 1381, § 8.)

In addition to other penalties provided by law, any condition caused or permitted to exist in violation of any provision of this Code or any other ordinance of the city, or any such threatened violation, shall be deemed a public nuisance and may be abated as such by the city, and each day that such condition continues shall be regarded as a new and separate offense. The procedures provided in this chapter are in addition to all other remedies and cost recovery options available to the city by law or in equity, including, but not limited to, those provided in chapter 1.32 of this Code.

(Ord. No. 1381, § 9.)

(Ord. No. 1598, § 5, 2-27-24)