Daly City Municipal Code Ch. 1.12 General Penalty

A. It is unlawful, and is an infraction, unless classified by Section 1.12.020 as a misdemeanor, for any person or entity to violate any provisions or to fail to comply with any of the requirements of this code.

B. Every violation designated to be an infraction unless otherwise provided by ordinance is punishable by:

1. A fine not exceeding one hundred dollars for a first violation;

2. A fine not exceeding two hundred dollars for a second violation of the same ordinance within one year;

3. A fine not exceeding five hundred dollars for each additional violation of the same ordinance within one year.

C. Every day any violation of this code or any other ordinance of the city or any rule or regulation shall continue shall constitute a separate offense.

(Ord. 1166 § 1, 1992; Ord. 1098 § 1, 2, 3, 1989; prior code § 1-7)

A. Notwithstanding Section 1.12.010(A), it is unlawful and is a misdemeanor for any person or entity to wilfully and knowingly violate any provision or to wilfully and knowingly fail to comply with any of the requirements of this code. A willful and knowing violation or failure to comply is one that occurs after the person or entity has been informed that certain conduct is in violation of this code and continues the unlawful conduct.

B. The penalty for a misdemeanor shall be by a fine not exceeding $1000 or imprisonment for a term not exceeding 6 months, or by both such fine and imprisonment. Such violations may also be redressed by civil actions.

C. Notwithstanding Section 1.12.010 or 1.12.020 (A) (B), it is unlawful and is a misdemeanor for any person or entity to violate the following provisions of this code:

1. Chapter 6.28, Dangerous Animals;

2. Chapter 9.24, Trespassing and Loitering;

3. Chapter 13.20, Well Standards;

4. Title 15, Buildings and Construction;

5. Chapter 15.14, Abatement of Dangerous Buildings.

(Ord. 1166 § 3, 1992)

Upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that an owner of property is responsible for a condition that may be abated pursuant to Chapter 15.14 of this code, the court entering the second or subsequent judgment may order that owner to pay treble the costs of the abatement.

(Ord. 1166 § 4, 1992)

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

(Ord. 1166 § 5, 1992)

Notwithstanding any other provision of this code, whenever a violation of any section contained in this code is punishable as a misdemeanor, the city attorney may specify that the offense is an infraction, and proceed with prosecution as an infraction, unless the defendant objects to the offense being made an infraction, in which event the court may elect to have the complaint amended to charge as a misdemeanor, and the case shall proceed on a misdemeanor complaint.

(Ord. 1166 § 2, 1992; Ord. 1098 § 4, 1989)