Commerce Municipal Code Ch. 1.12 Penalty and Arrest Provisions

Footnotes:

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2. For statutory provisions authorizing cities to impose fines not exceeding five hundred dollars and imprisonment for terms not exceeding six months, or both, for violations of ordinances, see Gov. C.A., Section 36901. For statutory provisions declaring the violation of a city ordinance to be a misdemeanor, see Gov. C.A., Section 36900. For statutory provisions providing punishment for misdemeanors not otherwise provided for, see Pen. C.A., Section 19.

No person, firm, corporation, or other responsible entity shall violate any provision, restriction, or requirement of this code or any code adopted by reference herein, any ordinance of the city, any rule or regulation promulgated pursuant thereto, or any condition of any permit, license, or other entitlement issued pursuant to this code. Each such person or entity shall be guilty of a separate offense for each and every day during any portion of which the violation or failure to comply is committed, continued, permitted, suffered, or maintained, and shall be punished accordingly.

Any person, firm, corporation, or other responsible entity who violates any provision, restriction, or requirement of this code or any Code adopted by reference herein, any ordinance of the city, any rule or regulation promulgated pursuant thereto, or any condition of any permit, license, or other entitlement issued pursuant to this code shall be guilty of a misdemeanor.

Any person convicted of a misdemeanor under the provisions of this code shall be punished by a fine of not more than one thousand dollars, or by imprisonment in the city or county jail for a period not exceeding six months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this code is committed, continued, or permitted by such person, and shall be punished accordingly.

In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any provision of this code shall be deemed a public nuisance and may be, by the city, summarily abated as such. Every day such condition continues shall be regarded as a new and separate offense.

(Prior code §1200).

(Ord. No. 698, § 1, 4-17-2019)

Notwithstanding the provisions of Section 1.12.010, the city prosecutor, in his or her sound discretion, may prosecute certain violations of this code or other ordinances of the city as an infraction, rather than as a misdemeanor, or may reduce a misdemeanor offense to an infraction if a defendant does not object. The city prosecutor shall have such authority where specifically provided in this code or in such other ordinance. Every person convicted of an infraction for violation of this code or other city ordinance shall be punished upon a first conviction by a fine not exceeding one hundred dollars, and for a second conviction within a period of one year by fine not exceeding two hundred dollars, and for a third or any subsequent conviction within a period of one year by a fine not exceeding five hundred dollars.

(Ord. 303 §1, 1981).

(Ord. No. 698, § 2, 4-17-2019)

The violation of any administrative provision of this code by any officer or employee of the city may be deemed a failure to perform the duties under, or observe the rules and regulations of the department, office or board within the meaning of the rules and regulations of the city.

(Prior code §1201).

If any person is arrested for the violation of any ordinance of the city of Commerce, and such person is not immediately taken before a magistrate as is more fully set forth in the Penal Code of the State of California, the arresting officer shall prepare, in duplicate, a written notice to appear in court, containing the name and address of the person, the offense charged, and the time and place where and when the person shall appear in court.

(Ord. 36 §1(part), 1961: prior code §3700).

The time specified in the notice to appear shall be at least five days after the arrest.

(Ord. 36 §1(part), 1961: prior code §3701).

The place specified in the notice to appear shall be either:

(1) Before a judge of a justice court or a municipal court judge within the county in which the offense charged is alleged to have been committed, who has jurisdiction of the offense and who is nearest and most accessible with reference to the place where the arrest is made;

(2) Upon demand of the person arrested, before a judge of a justice court or a municipal court judge having jurisdiction of such offense at the county seat of the county in which the offense is alleged to have been committed; or before a judge in the judicial district in which the offense is alleged to have been committed;

(3) Before an officer authorized by the city of Commerce to receive a deposit of bail.

(Ord. 36 §1(part), 1961: prior code §3702).

The officer shall deliver one copy of the notice to appear to the arrested person and the arrested person in order to secure release must give his written promise so to appear in court by signing the duplicate notice which shall be retained by the officer. Thereupon, the arresting officer shall forthwith release the person arrested from custody.

(Ord. 36 §1(part), 1961: prior code §3703).

The officer shall, as soon as practicable, file the duplicate notice with the magistrate specified therein. Thereupon, the magistrate shall fix the amount of bail which, in his judgment, in accordance with the provisions of Section 1275 of the Penal Code, will be reasonable and sufficient for the appearance of the defendant, and shall indorse upon the notice a statement signed by him in the form set forth in Section 815a of the Penal Code. The defendant may, prior to the date upon which he promised to appear in court, deposit with the magistrate the amount of bail thus set. Thereafter, at the time when the case is called for arraignment before the magistrate, if the defendant shall not appear, either in person or by counsel, the magistrate may declare the bail forfeited, and may, in his discretion, order that no further proceedings shall be had in the case.

Upon the making of the order that no further proceedings be had, all sums deposited as bail shall forthwith be paid into the county treasury for distribution pursuant to Section 1463 of the Penal Code.

(Ord. 36 §1(part), 1961: prior code §3704).

No warrant shall issue on such charge for the arrest of a person who has given a written promise to appear in court, unless and until he has violated his promise or has failed to deposit bail, to appear for arraignment, trial or judgment, or to comply with the terms and provisions of the judgment, as required by law.

(Ord. 36 §1(part), 1961: prior code §3705).

Every person willfully violating his written promise to appear in court is guilty of a misdemeanor regardless of the disposition of the charge upon which he was originally arrested.

(Ord. 36 §1(part), 1961: prior code §3706).

When a person signs a written promise to appear at the time and place specified in the written promise to appear, and has not posted bail as provided in Section 1.12.050, the magistrate shall issue and have delivered for execution a warrant for his arrest within twenty days after his failure to appear as promised. If a person promises to appear before an officer authorized to accept bail other than a magistrate, and fails to do so on or before the date which he promised to appear, then within twenty days after the delivery of the written promise to appear by the officer to a magistrate having jurisdiction over the offense, the magistrate shall issue and have delivered for execution, a warrant for his arrest. When the person violates his promise to appear before an officer authorized to receive bail other than a magistrate, the officer shall immediately deliver to the magistrate having jurisdiction over the offense charged the written promise to appear and the complaint, if any, filed by the arresting officer.

(Ord. 36 §1(part), 1961: prior code §3707).

Every person violating this or any other ordinance of the city is guilty of a misdemeanor.

(Ord. 36 §1(part), 1961: prior code §3708).

The provisions of this chapter, except Section 1.12.090 thereof, have been enacted pursuant to the provisions of Sections 853.1, 853.2, and 853.4 of the Penal Code of the State of California.

(Ord. 36 §1(part), 1961: prior code §3709).

(a) City officers or employees, who have the discretionary duty to enforce a statute or ordinance may, pursuant to Section 836.5 of the California Penal Code and subject to the provisions hereof, issue a citation whenever any such officer or employee has reasonable cause to believe that the person to be cited has committed a misdemeanor or infraction in the officer's or employee's presence which is a violation of a statute or ordinance he has the discretionary duty to enforce.

(b) In any case in which a person who is being cited does not demand to be taken before a magistrate, the officer or employee shall prepare a written notice to appear (citation) in accordance with Sections 1.12.030 through 1.12.060 of this chapter and release the person on his promise to appear.

(c) City officers or employees shall have the power to issue citations under this section only when performing their duties associated with the classifications identified by the city council pursuant to subsection (d) of this section, and shall not otherwise be authorized to issue citations by this section or California Penal Code Section 836.5.

(d) No officer or employee shall be allowed by his superior to exercise the citation authority conferred in this section, unless such officer or employee is within a classification of city officers and employees designated by resolution of the city council to exercise such citation authority as to specified misdemeanor or infraction violations.

(e) The city administrator shall establish and cause to be administered a special enforcement training program designed to instruct each officer or employee who will exercise such citation authority, regarding the provisions of the statutes and ordinances to be enforced, the evidentiary prerequisites to proper prosecution for violations thereof, the appropriate procedures for making or otherwise prudently exercising such citation authority, and the legal and practical ramifications and limitations attendant thereto. Any such officers or employees shall be appropriately instructed to deposit citations with the appropriate city department for filing with the court, after review for legal sufficiency.

(f) It is the intent of the city council that the immunities prescribed in Section 836.5 of the Penal Code which apply to public officers or employees in the discharge of their duties within the course and scope of their employment shall apply to all actions taken by such public officers or other city employees in discharging their duties in accordance with this section.

(Ord. 596 §1, 2006).

Upon a finding by a city official vested with the authority to enforce the provisions of this code that a violation exists, such city official may issue an administrative citation under Chapter 1.13 of Title 1 of this code. Payment of an administrative citation fine shall not excuse the failure to correct the violation nor shall it bar further enforcement action by the city.

(Ord. No. 698, § 3, 4-17-2019)