Ceres Municipal Code Ch. 02 Criminal Enforcement

The City may refer any Code violation to the District Attorney for prosecution under the Penal Code or as set forth in this Code.

(Ord. No. 2020-1056, § 3, 2-24-2020)

A. It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this Code or any provision adopted by reference by this Code. Any person violating any of such provisions or failing to comply with any of the provisions of this code shall be guilty of a misdemeanor, except where it has been provided by State law or by this Code that the violator shall be guilty of an infraction.

B. In the sole discretion of the City Attorney, a violation of this Code may be prosecuted as an infraction where the City Attorney has determined that such action would be in the best interest of justice. The City Attorney may specify in the citation, accusatory pleading or by amendment during the prosecutorial process that the matter will be prosecuted as an infraction.

C. Each such person shall be guilty of a separate offense for each and every day during any option of which any violation of any provisions of this Code or of a City ordinance is committed, continued, or permitted by such person and shall be punished accordingly.

D. Except for those violations that this Code expressly requires be charged solely as either an infraction or a misdemeanor, any violation of any ordinance of the City or any provision of any ordinance may be charged, in the discretion of the Code Enforcement Officer or of the City Attorney, as a misdemeanor or an infraction.

(Ord. No. 2020-1056, § 3, 2-24-2020)

A. Any person convicted of a misdemeanor under the provisions of this Code shall be punishable by a fine of not more than $1,000.00, or by imprisonment in the County jail for a period not exceeding six months, or by both such fine and imprisonment.

B. Any person convicted of an infraction, shall be punishable by a fine only as follows, unless otherwise specifically provided in this code, or by State law.

1. Upon a first conviction, by a fine not exceeding $100.00;

2. For a second violation of the same ordinance within one year by a fine not exceeding $200.00; and

3. For a third conviction or subsequent conviction within a period of one year, by a fine not exceeding $500.00.

C. A violation of local building and safety codes determined to be an infraction is punishable as follows:

1. For a first violation, by a fine not to exceed $130.00;

2. For a second conviction of the same ordinance within a period of one year, by a fine not to exceed $700.00; and

3. For a third, or any subsequent conviction, of the same ordinance within a period of one year, by a fine not to exceed $1,300.00.

(Ord. No. 2020-1056, § 3, 2-24-2020)