Cudahy Municipal Code Ch. 1.36 Penalty Provisions

(1) Misdemeanors. No person shall violate any provision, or fail to comply with any requirement, of this code. Any person violating any provision or failing to comply with any requirement of this code shall be guilty of a misdemeanor, unless the violation or failure to comply is expressly stated by this code to be an infraction, or is subsequently prosecuted as an infraction in the discretion of the city attorney or city prosecutor, in which case such person is guilty of an infraction and shall be punished as provided in subsection (2) of this section. Any person convicted of a misdemeanor under the provisions of this code shall be punishable by a fine of not more than $1,000, or by imprisonment in the 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 punishable accordingly.

(2) Infractions. Any person violating any provision or failing to comply with any mandatory requirement of this code expressly stated by this code to be an infraction shall be guilty of an infraction. Any person convicted of any infraction shall be punishable by:

(a) A fine of $100.00 for a first violation;

(b) A fine of $200.00 for a second violation of the same provision of this code within one year;

(c) A fine of $500.00 for each additional violation of the same provision of this code within one year.

Each 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 punishable accordingly. (Ord. 449 § 1; Ord. 445 § 1; Ord. 324 § 2. 2002 Code § 1-2.1).

In addition to the penalties hereinabove provided, any condition caused or permitted to exist or any act or activity done or caused or permitted to be done in violation of any of the provisions of this code shall be deemed a public nuisance and may be summarily abated by the city. (2002 Code § 1-2.2).

The violation of any administrative provisions of the 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 to whom that officer or employee reports within the meaning of the rules and regulations of the city. (Ord. 469 § 1. 2002 Code § 1-2.3).

(1) Notice to Appear. In any case in which a person is arrested for an offense declared by this code to be a misdemeanor and does not demand to be taken before a magistrate, such person may, instead of being taken before a magistrate, be released according to the procedures set forth by this subsection. If the arresting officer or his superior determines that the person should be released, such officer or superior 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 a person is not released prior to being booked and the officer in charge of the booking or his superior determines that the person should be released, such officer or superior shall prepare such written notice to appear in court.

(2) Time Specified. Unless waived by the person, the time specified in the notice to appear must be at least 10 days after arrest.

(3) Place Specified. The place specified in the notice shall be the court of the magistrate before whom the person would be taken if the requirement of taking an arrested person before a magistrate were complied with, or shall be an officer authorized by such court to receive a deposit of bail.

(4) Promise to Appear. 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 or her 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.

(5) Bail. The officer shall, as soon as practicable, file the duplicate notice with the magistrate specified therein. Thereupon the magistrate may fix the amount of bail which in his or her judgment, in accordance with the provisions of Section 1275 of the California Penal Code, is reasonable and sufficient for the appearance of the defendant and shall endorse upon the notice a statement signed by him or her in the form set forth in Section 815a of the California Penal Code. The defendant may, prior to the date upon which he or she promised to appear in court, deposit with the magistrate the amount of bail thus set. Thereafter, at the time 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 or her discretion order that no further proceedings shall be had in such case.

Upon the making of such 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 California Penal Code.

(6) Warrants, Failure to Appear. No warrant shall issue on such charge for the arrest of a person who has given such written promise to appear in court, unless and until he or she has violated such 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.

The officer shall indicate on the notice to appear whether he or she desires the arrested person to be booked as defined in Subdivision 21 of Section 7 of the California Penal Code. In such event, the magistrate shall, before the proceedings are finally concluded, order the defendant to be booked by the arresting agency.

(7) Application of This Section. A peace officer may use the written notice to appear procedure set forth in this section for any misdemeanor offense for which the officer has arrested a person pursuant to California Penal Code Section 836 or in which he has taken custody of a person pursuant to California Penal Code Section 847.

(8) Enforcement Officer. Pursuant to California Penal Code Section 836.5, the code enforcement officers of the city may make arrests, and may issue citations for misdemeanors pursuant to California Penal Code Chapter 5C (commencing with Section 853.6) and this chapter, for violations of the following provisions of the Cudahy Municipal Code:

(9) Authority. The provisions of this section, except subsections (8) and (9) of this section, have been enacted pursuant to the provisions of Section 853.6 of the California Penal Code of the state of California. (Ord. 433 § 1. 2002 Code § 1-2.4).