Cupertino Municipal Code Ch. 1.12 General Penalty

* For statutory provisions authorizing cities to impose fines up to $1,000, imprisonment up to six months, or both, see Gov. Code § 36901

1.12.010 Violation of Code.¶

A. It is unlawful for any person to perform any act that is prohibited, made or declared to be unlawful or an offense by the code, or to violate any provision or fail to comply with any of the requirements of this code. A violation of any provision or failing to comply with any of the mandatory requirements of the code shall constitute a misdemeanor, except where the violation is specifically declared to be an infraction.

B. Notwithstanding the above, any violation constituting a misdemeanor may, in the discretion of the City Attorney, be charged and prosecuted as an infraction.

C. When a violation of a provision of this code which otherwise constitutes an infraction continues to occur and the violator has been charged with a violation of the same provision as an infraction on at least four separate occasions and within one year has forfeited bail on each such occasion, in that event, the City Attorney, in his or her discretion, may charge a violation of any such provision as a misdemeanor.

D. Unless otherwise specified by this code, an infraction is punishable by:

A fine not to exceed $100 for the first violation of a code provision;
A fine not to exceed $200 for a second violation of the same code provision within one year; and
A fine not to exceed $500 for each subsequent violation of the same code provision within one year.

E. Unless otherwise specified by this code, a misdemeanor is punishable by a fine not to exceed $1,000, imprisonment for a term not exceeding six months, or by both such fine and imprisonment.

(Ord. 21-2234, Att. A (§ 1), 2021; Ord. 20-2203, § 5, 2020; Ord. 12-2101, § 1 (part), 2013; Ord. 09-2043, 2009; Ord. 1886, (part), 2001; Ord. 1697, (part), 1995; Ord. 1497, § 1, 1989; Ord. 1179, § 1, passed 1982; Ord. 854, (part), 1978; Ord. 829, (part), 1977; Ord. 692, § 1, 1975; Ord. 500, § 1, 1971)

Exceptions & meaning →

1.12.020 Each Day a Separate Offense.¶

A person committing an act designated in § 1.12.010 is guilty of a separate offense for each and every day during any portion of which any violation of any ordinance of the city is committed, continued or permitted by the person, and is punishable as provided in § 1.12.010.

(Ord. 20- 2203, § 5, 2020; Ord. 1697, (part), 1995; Ord. 829, (part), 1977; Ord. 500, § 2, 1971)

Exceptions & meaning →