Corcoran Municipal Code Ch. 4 General Penalty

A. Misdemeanor: Unless specifically provided elsewhere, any person convicted of a violation of any of the terms and provisions of this code shall be fined in a sum not to exceed one thousand dollars ($1,000.00) for any one offense and such person may be confined in the city or county jail for a period of not more than six (6) months, or both such fine and imprisonment may be imposed.

B. Infraction: Any person who has committed an infraction shall be punished for a first violation by a fine not exceeding one hundred dollars ($100.00), and for committing the same offense a second time within one year, by a fine not exceeding two hundred dollars ($200.00) and for committing the same offense a third or any subsequent time within one year, by a fine not exceeding five hundred dollars ($500.00). (1996 Code)

Any person in default of payment of any fine imposed shall be imprisoned in the city or county jail for a period of one day for each one hundred dollars ($100.00) of the fine; provided, that the term shall not exceed the term for which the defendant might be sentenced to imprisonment for the offense of which he/she has been convicted. For an individual that is deemed to be indigent, there may be imposed one day of community service for each eighty dollars ($80.00) of fine. (1963 Code § 1-4-2; amd. 1996 Code)

Any person imprisoned under the provisions of this chapter may be put to work for the benefit of the city for the term of his/her imprisonment. (1963 Code §1-4-3; amd. 1996 Code)

A. The penalty provided in this chapter shall be applicable to every section of this code the same as though it were a part of each and every separate section. A separate offense shall be deemed committed upon each day such duty or obligation remains unperformed or such act continues, unless otherwise specifically provided in this code.

B. In all cases where the same offense is made punishable or is created by different clauses or sections of this code, the prosecuting officer may elect under which to proceed, but not more than one recovery shall be had against the same person for the same offense; provided, that the revocation of a license or permit shall not be considered a recovery or penalty so as to bar any other penalty being enforced.

C. Whenever the doing of any act or the omission to do any act constitutes a breach of any section or provision of this code and there shall be no fine or penalty specifically declared for such breach, the provisions of this chapter shall apply. (1996 Code)

No provision of this code designating the duties of any officer or employee shall be so construed as to make such officer or employee liable for any fine or penalty provided for a failure to perform such duty, unless the intention of the city council to impose such fine or penalty on such officer or employee is specifically and clearly expressed in the section creating the duty. (1996 Code)

A. If any person arrested for a violation of any of the provisions of this code is not immediately taken before a magistrate as prescribed in the Penal Code, the arresting officer shall prepare in duplicate a written notice to appear in court containing the name and address of such person, the offense charged and the time and place where and when such person shall appear in court. If such person signs the citation agreeing to appear in court at the time and place stated, he/she shall be released from custody.

B. Any person wilfully violating his/her written promise to appear in court at the time and place stated in the citation, shall be guilty of a misdemeanor regardless of the disposition of the charge upon which he/she was originally arrested and shall be subject to penalty as provided in section 1-4-1 of this chapter.

C. When a person signs a written promise to appear at the time and place specified in the citation and has not posted bail as provided in the Penal Code 1 , the magistrate shall issue and have delivered for execution a warrant for his/her arrest within twenty (20) days after his/her failure to appear as promised, or if such 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 he/she has promised to appear, then the magistrate shall issue and have delivered for execution a warrant for his/her arrest within twenty (20) days after the delivery of such written promise to appear by the officer to a magistrate having jurisdiction over the offense. (Ord. 179, 5-18-1959; amd. 1996 Code)

A. The amount of any fine, fee, service charge, utility charge, license or tax of any nature whatsoever imposed by this code or by any other resolution, ordinance, rule, regulation or in any other fashion by the city shall be deemed a civil debt owing to the city. An action may be commenced in the name of the city in any court of competent jurisdiction for the collection of the amount of any such delinquent or unpaid fee, service charge, utility charge, license or tax, together with any penalties applicable thereto as prescribed by this code or any other enactment. Such action may also be commenced for the collection of any other amount or debt determined to be due the city on account of any contractual obligation or on account of any tortious act or conduct by any person. The remedy prescribed by this section shall be cumulative, and the use of an action to collect such an amount as a debt by civil action shall not bar the use of any other remedy provided by this code or by law for the purpose of enforcing the provisions thereof.

B. The collection of any fine, fee, service charge, and tax made a civil debt under this section, unless specifically provided for within this code, shall be subject to those provisions set forth in chapter 11 of this title. (Ord. 586, 7-12-2006)