Bradbury Municipal Code Ch. 3 Penalty Provisions

(a) In this section, the phrase "violation of the ordinances of the City," "violation of any provision of this Code," or "violation of the provisions of any code adopted by reference of this Code" shall mean any of the following:

(1) Doing an act that is prohibited or made or declared unlawful, an offense, a violation, an infraction or a misdemeanor by ordinance or by rule or regulation authorized by ordinance.

(2) Failure to perform an act that is required to be performed by ordinance or by rule or regulation authorized by ordinance.

(3) Failure to perform an act if the failure is prohibited or is made or declared unlawful, an offense, a violation, an infraction or a misdemeanor by ordinance or by rule or regulation authorized by ordinance.

(b) In this section, the phrase "violation of the ordinances of the City," "violation of any provision of this Code," or "violation of the provisions of any code adopted by reference of this Code" does not include the failure of a City officer or City employee to perform an official duty unless it is specifically provided that the failure to perform the duty is to be punished as provided in this section.

(c) It shall be unlawful for any person or firm to violate any provision or fail to comply with any of the requirements of this Code or the provisions of any code adopted by reference of this Code. Any person violating any of such provisions or failing to comply with any of the mandatory requirements of this code shall be guilty of a misdemeanor.

(d) Unless otherwise specifically provided in this Code, any person convicted of a misdemeanor under the provisions of this Code shall be punished by a fine of not more than $1,000.00 or by imprisonment in the City jail or County jail for a period not exceeding six months, or by both such fine and imprisonment.

(e) Notwithstanding the foregoing, if any section of this Code is specifically deemed to be an infraction, as specified in the applicable section, chapter or title, it shall be treated as an infraction. In addition, unless otherwise specifically provided in this Code, and as prescribed by Vehicle Code § 42001, every person convicted of an infraction involving a vehicle shall be punished by a fine not exceeding $100.00, and for a second conviction within a period of one year, by a fine not exceeding $200.00, and for a third or any subsequent conviction within a period of one year, by a fine not exceeding $500.00. A pedestrian convicted of an infraction for a violation of this Code as adopted pursuant to the Vehicle Code shall be punished by a fine not exceeding $50.00.

(f) Notwithstanding anything contained in this Code, the prosecutor, in the prosecutor's sound discretion, may prosecute a violation of this code as an infraction, rather than a misdemeanor. The prosecutor may also reduce or agree to the reduction of a previously filed misdemeanor to an infraction. Every person, firm, partnership, association, or corporation convicted of an infraction for violation of any provision of this Code other than one covered in Subsection (e) of this section, shall be punished by a fine not exceeding $100.00 for a first violation, a fine not exceeding $200.00 for a second violation of the same section within a year, and a fine not exceeding $500.00 for each additional violation of the same section within one year. A fourth violation within one year shall be regarded as a new and separate offense.

(g) 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, shall be deemed a public nuisance and may be summarily abated by the City.

(h) Each day during any portion of which any violation of any provision of this Code is committed, or continued to be permitted, constitutes a new and separate offense.

(i) Notwithstanding any other provision of law, a violation of local building and safety codes determined to be an infraction is punishable by a fine not exceeding $100.00 for a first violation, a fine not exceeding $500.00 for a second violation of the same section within one year, and a fine not exceeding $1,000.00 for each additional violation of the same section within one year of the first violation.

(Prior Code, § 1300)

If any person is arrested for the violation of any section of this Code and such person is not immediately taken before a magistrate, as is more fully set forth in the Penal Code, the arresting officer shall prepare, in duplicate, a written notice to appear in court, containing the name and address of such person, the offense charge, and the time and place where such person shall appear in court.

(Prior Code, § 1301)

The time specified in the notice to appear shall be not less than ten days after such arrest.

(Prior Code, § 1302)

The place specified in the notice to appear shall be either:

(1) Before a judge of a justice court or a municipal court judge within the County who has jurisdiction of the offense and who is nearest and most accessible with reference to the place where the arrest is made;

(2) Upon the demand of the person arrested, before a judge or the municipal court of the Los Angeles Judicial District, or before a judge of a justice court or a municipal court in the judicial district in which the offense is alleged to have been committed; or

(3) Before an officer authorized to receive a deposit of bail.

(Prior Code, § 1303)

The officer shall deliver one copy of the notice to appear to the arrested person, and the arrested person, in order to secure a release, must give 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.

(Prior Code, § 1304)

The officer shall, as soon as practicable, file a duplicate notice with the magistrate specified in such notice. The defendant may, prior to the date upon which the defendant promises to appear in court, deposit with the magistrate the amount of bail set by such magistrate. Thereafter, at the time when the case is called for arraignment before the magistrate, if the defendant does not appear either in person or by counsel, the magistrate may declare the bail forfeited and may at the magistrate's discretion order that no further proceedings shall be had in such case. Upon the making of such order that no further proceedings be had, all sums deposited as bail shall forthwith be paid into the County treasury for distribution in the manner provided by law.

(Prior Code, § 1305)

A warrant shall not issue on such charge for the arrest of a person who, pursuant to the provisions of this chapter, has given such written promise to appear in court unless and until such person has violated such promise or has failed to deposit bail, to appear for arraignment, trial or judgment, or to comply with the terms and provisions of the judgment as required by law.

(Prior Code, § 1306)

Every person willfully violating such person's written promise to appear in court is guilty of a misdemeanor, regardless of the disposition of the charge upon which such person was originally arrested.

(Prior Code, § 1307)

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 Penal Code § 853.6, the magistrate shall issue and have delivered for execution a warrant for such person's arrest within 20 days after the failure to appear as promised. If a 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 which such person 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, such magistrate shall issue and have delivered for execution a warrant for such person's arrest. When such person violates the promise to appear before an officer authorized to receive bail other than a magistrate, the officer shall immediately deliver to the magistrate having jurisdiction over the offense charged the written promise to appear and the complaint, if any, filed by the arresting officer.

(Prior Code, § 1308)

State Law reference— Similar provision, Penal Code § 853.8.