Chino Municipal Code Ch. 1.12 General Penalty

A. Any violation of any provisions of this code, including adopted and uniform codes, shall constitute a misdemeanor unless specifically designated as an infraction by this code, and may be prosecuted as an infraction at the discretion of the City Attorney or City Prosecutor in the interest of justice.

B. Any conviction of a misdemeanor under the provisions of this code shall, unless otherwise specified, be punishable by a fine of not more than one thousand dollars, or by imprisonment for a period not exceeding six months, or by both such fine and imprisonment.

C. Every day any violation of this code or any other ordinance of the city shall constitute a separate offense.

D. Such penalties shall not be deemed exclusive. When applicable, the city shall have the right to enforce the provisions of this code by civil process, including injunction, and all other civil remedies.

E. Any person receiving more than one citation for the same infraction, or more than two citations for any infraction in this code, in any twelve-month period shall be guilty of a misdemeanor.

F. In addition to penalties provided by law, any condition caused, maintained, allowed or permitted to exist in violation of any provision of this code, including adopted and uniform codes, as well as State and Federal law that may be enforced by the City, shall be deemed a public nuisance and may be abated by the City through all legal means available, including but not limited to, injunctive relief.

(Ord. 2004-05 § 1, 2004: Ord. 82-18 § 1, 1982: prior code § 10-1.)

(Ord. 2014-012, § 2, 2014.)

In all cases of conviction for the violation of any provisions of this code or any ordinance of the city, the person so convicted, when the sentence includes imprisonment, shall be imprisoned in the city or county jail for the period prescribed in the sentence.

(Prior code § 10-2.)

It shall be a misdemeanor for any person to deliver or place, or to cause any other person to deliver or place, any animal waste such as manure on any property where the existence of such animal waste is not a permitted use of or on the property under the zoning ordinance or under any land use entitlement issued for the property, or where the existence of such animal waste on the property as a use thereon or thereof has been revoked, or where the existence of such animal waste on the property constitutes a violation of any provision of this code.

(Ord. 2000-20 § 1, 2001; Ord. 2000-16 § 1, 2000.)

Recovery authorized. Any violation of this municipal code, uniform or adopted codes, or any provision of State or Federal law that may be enforced by the City, is hereby determined to constitute a public nuisance. The prevailing party in any judicial action, administrative proceeding, or special proceeding to abate a nuisance may recover its reasonable attorneys' fees, provided that the city elected, at the initiation of such individual action or proceeding, to recover its own attorneys' fees. In no judicial action or administrative proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the city in the judicial action or administrative proceeding. A judicial action includes, but is not limited to, any civil or criminal action, inspection or abatement warrant, administrative proceeding, or appeal from an administrative proceeding. "Abatement" shall include any action taken by the City to cause or otherwise obtain compliance with this municipal code or other codes, as specified herein, even if the violation is ultimately corrected by the violator. Any recovery of attorneys' fees for abatement of a nuisance shall be in accordance with this section.

(Ord. 2014-012, § 3, 2014.)