Davis Municipal Code Art. 11.04 Penalties for Violation

(a) Any person violating any provision of this chapter, other than Sections 11.02.030, 11.02.040, 11.02.070 and 11.02.080, is guilty of an infraction for each of the first two violations within a six-month period, and upon conviction thereof, shall be punished by a fine not to exceed the fine prescribed in accordance with the provisions of Section 36900(b) of the California Government Code, or successor legislation. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. Any repetition or continuation of any violation, reasonably capable of immediate correction after receipt of written or verbal notice shall constitute a separate offense and shall be punished as such.

(b) Any person violating or permitting violation of any provision of this chapter, other than Sections 11.02.030, 11.02.040, 11.02.070 and 11.02.080, for the third time within a six-month period is guilty of a misdemeanor, and shall be punished by a fine, or by imprisonment in the County Jail, or by both such fine and imprisonment, not to exceed the maximum fine and/or imprisonment established in Section 36901 of the California Government Code, or successor legislation.

(c) Any person violating Section 11.02.030, 11.02.040, 11.02.070 or 11.02.080 of this chapter shall be subject to a civil action and/or administrative penalties pursuant to Chapter 1, Article 1.02.

(d) An administrative citation may be issued for any violation of this chapter pursuant to Davis Municipal Code Chapter 1, Article 1.02.

(e) As an additional remedy, the violation of any provision of this chapter shall be deemed and is declared to be a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.

(Ord. 2477 § 2, 2016)

The remedies, procedures and penalties provided by this chapter are cumulative to each other and to any others available under state law or other city ordinances.

(Ord. 2477 § 2, 2016)

The provisions of this chapter are declared to be separate and severable. The invalidity of any clause, phrase, sentence, paragraph, subdivision, section or portion of this chapter, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this article, or the validity of its application to other persons or circumstances.

(Ord. 2477 § 2, 2016)