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Chapter I — GENERAL PROVISIONS

Clearlake Municipal Code § 1-5 General Penalty

Clearlake Municipal Code · 2026-09 edition · updated 2026-10-01 · Clearlake

Cite as: Clearlake Municipal Code § 1-5 · Text as of 2026-10-01

1-5.1 Maximum Penalty – Misdemeanor.

Whenever in this Code or in any ordinance of the City of Clearlake or in any rule or regulation promulgated pursuant thereto, 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 or a misdemeanor, where no specific penalty is provided for, the violation of any such ordinance, rule or regulation shall be punished by a fine not exceeding five hundred ($500.00) dollars or imprisonment in the County Jail for a period not exceeding six (6) months, or by both such fine and imprisonment. (Ord. #12, S3)

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1-5.2 Offenses Charged as Infractions.

a. Any violation or offense shall be deemed an infraction in any of the following situations: 1. If it is deemed an infraction by any other provision of this Code. 2. If a citation is issued specifying the violation is an infraction. 3. If a complaint is filed in the Superior Court specifying the offense is an infraction. 4. If the District Attorney or City Attorney makes a motion to reduce a misdemeanor charge. b. Any person convicted of an infraction is punishable by a fine not exceeding the amounts set forth in Section 36900 of the Government Code. (Ord. #12, S3; Ord. #222-2019, S2)

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1-5.3 Separate Offense for Each Day a Violation Exists.

Every day any violation of any ordinance, rule or regulation of the City of Clearlake shall continue, shall constitute a separate offense. (Ord. #12, S3)

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1-5.4 Notice to Appear.

This Code adopts by reference California Penal Code Sections 853.6, 853.7, and 853.8. (New)

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1-5.5 Prohibited Acts, Inclusions.

Whenever in this Code any act or omission is made unlawful, it shall include causing, permitting, aiding, abetting, suffering or concealing such act or omission. (New)

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1-5.6 Supplementary Enforcement Authority – Citations: Council Action.

In addition and supplementary to the provisions of the Penal Code relating to public offenses and the authority of peace officers, the City Council may by ordinance, designate non-peace officer employees as enforcement authorities for the public offenses hereinbelow set forth. When so designated, such public officers or employees may arrest a violator and issue a citation and notice to appear in the manner prescribed by Chapter 5c of Title 3, Part 2 of the Penal Code (or as the same may hereafter be amended). It is the intent of the City Council that the immunities prescribed in Section 836.5 of the Penal Code be applicable to public officers or employees acting in the course and scope of employment pursuant to this Chapter. (Ord. #82-98, S1)

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1-5.7 Designation of Non-Peace Officer Enforcement Authorities.

The following designated representatives of the City of Clearlake are hereby declared to be non-peace officer Enforcement Authorities of the City of Clearlake: Building Official Code Enforcement Officer Public Works Director Account Clerk

The enforcement authorities listed above shall have all of the powers set forth in Penal Code Section 836.5 to arrest a violator of a statute or ordinance to which the employee has the duty to enforce and to issue citations and notices to appear in the manner prescribed therein. For the purposes of this section, citation authority shall be limited to the scope of duties and responsibilities within each designated non-peace officer Enforcement Authority’s work assignments. (Ord. #82-98, S2)

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