Coachella Municipal Code Ch. 3.48 Misdemeanor Violations

Any violation of the municipal code by a member of the public which is designated as a misdemeanor violation under the applicable municipal code provision shall be deemed a misdemeanor violation and shall be prosecuted as such pursuant to this chapter.

(Prior code § 14½-286)

The fourth and each subsequent violation of a municipal code provision by a member of the public that would otherwise be an infraction violation within a twelve (12) month period commencing upon the date of the first violation shall be deemed a misdemeanor violation.

(Prior code § 14½-287)

A separate offense occurs for each day a misdemeanor violation is continued and/or maintained.

(Prior code § 14½-288)

The city attorney shall have the discretion to reduce any misdemeanor violation to an infraction violation.

(Prior code § 14½-289)

Any code enforcement officer or other agent who has a duty to enforce any provision of this chapter and who has reasonable cause to believe that a person has committed a misdemeanor violation in the presence of such officer or agent, may arrest the alleged violator without a warrant.

(Prior code § 14½-290)

Any code enforcement officer or other authorized enforcement agent who arrests a person for a misdemeanor violation pursuant to Section 3.48.050 shall, in lieu of taking the arrested person into custody, prepare, or cause to be prepared, in duplicate, a misdemeanor field citation which shall provide a written notice to appear in court, and which shall contain the name and address of the arrested person, the offense charged, and the time when, and the place where, the arrested person shall appear in court. The arresting officer or agent shall release the arrested person and issue an misdemeanor field citation provided that: (a) the arrested person presents his or her driver's license or other satisfactory evidence of his or her identity to the officer or agent; and (b) the arrested person signs a written promise to appear at court at a later date and time which shall be specified on the field citation. The arresting officer or agent shall deliver one duplicate copy of the field citation to the arrested person and shall retain the original signed citation. If the arrested person does not have a driver's license or other satisfactory evidence of identity in his or her possession, the arresting officer or agent may require the arrested person to place a right thumbprint, or a left thumbprint or fingerprint if the person has a missing or disfigured right thumb, on the field citation.

(Prior code § 14½-291)

Any person who is placed under arrest in accordance with Section 3.44.020 who refuses to sign the field citation, or who is unable or unwilling to produce satisfactory identification, or is unable or unwilling to provide a thumbprint or fingerprint shall be taken into custody by the arresting code enforcement officer or other authorized enforcement agent pursuant to Penal Code Section 853.5.

(Prior code § 14½-292)

Whenever a code enforcement officer or authorized agent has reasonable cause to believe that a misdemeanor violation is being committed and the alleged violator cannot be served with a field citation for any reason, the city attorney may file a criminal misdemeanor complaint against the alleged violator at the request of the code enforcement chief or any other enforcement authority unless the city attorney in his or her discretion determines that the misdemeanor violation should be reduced to an infraction violation.

(Prior code § 14½-293)

Every municipal code violation determined to be a misdemeanor violation is punishable by a fine in an amount not to exceed one thousand dollars ($1,000.00) and/or imprisonment for a period not to exceed six months.

(Prior code § 14½-295)

Upon conviction of any misdemeanor violation, the convicted violator shall be required to pay all applicable civil fines in addition to any misdemeanor penalties set forth in Section 3.48.090.

(Prior code § 14½-296)

Nothing in this chapter is intended to prohibit or preclude the city from seeking and recovering restitution in any misdemeanor violation proceeding.

(Prior code § 14½-297)

Pursuant to California Government Code Section 36904, persons imprisoned for a misdemeanor violation under this chapter may be required to labor on public property or public works projects within the city.

(Prior code § 14½-298)

Editor's note— Ord. No. 1078, § 2, adopted Sept. 9, 2015, repealed § 3.48.130, which pertained to attorney's fees and derived from prior code, § 14½-299.