El Monte Municipal Code Ch. 1.24 General Penalty

No person shall violate any of these provisions, or fail to comply with any of the requirements of this code.

A. Misdemeanors. Except as is expressly provided in subsection B of this section, any person violating any of the provisions of this code shall be deemed guilty of a misdemeanor. Any person convicted of a misdemeanor under the provisions of this code shall be punishable by a fine of not more than one thousand dollars ($1,000.00), or by imprisonment in the city or county jail for a period not exceeding six (6) 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.

B. Infractions. An infraction shall be punishable upon a first conviction by a fine not exceeding one hundred dollars ($100.00); for a second conviction of the same code provision within a period of one year, by a fine not exceeding two hundred dollars ($200.00); and for a third or any subsequent conviction of the same section within the same twelve (12) month period, by a fine not exceeding five hundred dollars ($500.00). Violations of the following sections of this code shall be deemed to be infractions:

1. Sections 10.12.020, 10.20.020 and 10.24.020 of this code and all provisions of the Uniform Traffic Ordinance adopted herein by reference; and

2. Sections 9.04.060, 9.12.020 and 9.12.030; and

3. Minors—Infractions, Penalties, Continuing Violations. Notwithstanding any other provision of this code, when a person under the age of eighteen (18) years is charged with a misdemeanor violation of this code, and a peace officer issues a notice to appear in Superior Court to the minor, the charge shall be deemed to be an infraction violation of this code unless the minor requests that a petition be filed under Section 601 or 602 of the Welfare and Institutions Code. The amount of the fine imposed on the minor shall be set by the Court.

(Ord. 2593 § 1, 2003: amended during 1999 recodification; prior code §§ 1200—1200.3, 1200.5)

Notwithstanding the language of Section 1.24.010 of this chapter, any misdemeanor violation of any provision of this code may, in the discretion of the court, on motion of the Prosecuting Attorney be reduced to an infraction after such charges are filed with the court if such reduction facilitates the interests of justice. Any charge filed by way of complaint for a violation of any provision of the El Monte Municipal Code may be filed as an infraction if the Prosecuting Attorney determines that such filing is in the interest of justice.

(Prior code § 1200.4)