Chapter 1.20 — CRIMINAL PENALTIES

• A. Misdemeanor. A person who violates a provision of this code, or who fails to comply with a requirement of this code, is guilty of a misdemeanor, unless the violation is specifically identified in this code as an infraction or unless the violation is charged as an infraction by the city attorney. The city attorney has the discretion to charge and prosecute a misdemeanor as an infraction.

A misdemeanor is punishable by a fine not exceeding one thousand dollars, or imprisonment not exceeding six months, or both. (Government Code Sections 36900, 36901.)

• B. Infraction. A person who violates a provision of this code, or who fails to comply with a requirement of this code, is guilty of an infraction if the violation is specifically identified in this code as an infraction, or if it is charged as an infraction by the city attorney under subsection A. For the second or additional violation of the same code provision, the city attorney may charge and prosecute the matter as a misdemeanor.

An infraction is punishable by:

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

2. A fine not exceeding two hundred dollars for a second violation of the same code provision within a twelve-month period;

3. A fine not exceeding five hundred dollars for each additional violation of the same code provision within a twelve-month period. (Government Code Section 36900.)

A violation of the same code provision means a violation of the same: numbered code provision, provision of a code adopted by reference by this code, permit issued by the city, or condition of development approval. In this subsection, bail forfeiture is considered a conviction of the offense charged.

An infraction is not punishable by imprisonment. A person charged with an infraction is not entitled to a jury trial or to a public defense unless arrested and not released.

Every day a violation of this code continues constitutes a separate offense.

(Ord. 978 § 2, 2016)

CHAPTER 1.24 ADMINISTRATIVE CITATIONS