Elk Grove Municipal Code Art. X Misdemeanor Violations

Any violation of the Elk Grove Municipal Code by a member of the public that is not exclusively deemed an infraction violation may be deemed a misdemeanor violation and may be prosecuted as such for purposes of this chapter.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011)

The fourth (4th) and each subsequent violation of a Elk Grove Municipal Code provision by a member of the public that would otherwise be an infraction violation within a twelve (12) month period commencing upon the date of the first (1st) violation shall be deemed a misdemeanor violation.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011)

A separate offense occurs for each day a misdemeanor violation is continued and/or maintained.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011)

The City Attorney shall have the discretion to reduce any misdemeanor violation to an infraction violation.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011)

Any Code Enforcement Officer, Police Officer or other authorized enforcement officer who has a duty to enforce any provision of this chapter and who has reasonable cause to believe that a person has committed a misdemeanor violation in the presence of said officer or agent may arrest the alleged violator without a warrant pursuant to Section 836.5 of the Penal Code.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011)

Any Code Enforcement Officer, Police Officer or other authorized enforcement officer who arrests a person for a misdemeanor violation pursuant to EGMC Section 16.18.1004 may, in lieu of taking the arrested person into custody, prepare, or cause to be prepared, in duplicate, a field citation which shall provide a written notice to appear in court, and which shall contain the name and address of the arrested person, the offense charged, and the time when, and the place where, the arrested person shall appear in court. The arresting officer or agent may release the arrested person and issue a misdemeanor field citation; provided, that: A) the arrested person presents his or her driver’s license or other satisfactory evidence of his or her identity to the officer or agent; and B) the arrested person signs a written promise to appear at court at a later date and time, which shall be specified on the field citation. The arresting officer or agent will deliver one (1) duplicate copy of the field citation to the arrested person and retain the original signed citation. If the arrested person does not have a driver’s license or other satisfactory evidence of identity in his or her possession, the arresting officer or agent may require the arrested person to place a right thumbprint, or a left thumbprint or fin-gerprint if the person has a missing or disfigured right thumb, on the field citation.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011)

Any person who is placed under arrest in accordance with EGMC Section 16.18.1004 who refuses to sign the field citation, or who is unable or unwilling to produce satisfactory identification, or is unable or unwilling to provide a thumbprint or fingerprint may be taken into custody by the arresting Code Enforcement Officer, Police Officer, or other authorized enforcement officer pursuant to Section 836.5 of the Penal Code.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011)

Whenever a Code Enforcement Officer or authorized agent has reasonable cause to believe that a misdemeanor violation is being committed and the alleged violator cannot be served with a field citation for any reason, the City Attorney may file a criminal misdemeanor complaint against the alleged violator at the request of the Code Enforcement Manager or any other enforcement authority. The City Attorney may, in his or her discretion, reduce any misdemeanor violation to an infraction violation.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011)

Upon the filing of a criminal complaint for zoning or other land use related violations, the Code Enforcement Manager or his or her designee, or any other authorized enforcement authority, may file a certificate of nuisance in the Sacramento County Clerk-Recorder’s office to prevent the owner from transferring the subject property or premises to another person or entity without first correcting the outstanding violation and reimbursing the City for any and all costs incurred by the City in its attempt to remedy the violation. Once the action is completed and the City is reimbursed for any costs incurred by the City in its attempt to remedy the subject violation, the Code Enforcement Manager, or his or her designee, shall file a certificate of abatement with the Sacramento County Clerk-Recorder’s office.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011)

Every Elk Grove Municipal Code violation determined to be a misdemeanor violation shall be enforced pursuant to the provisions of EGMC Chapter 1.04.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011)

Upon conviction of any misdemeanor violation, the convicted violator shall be required to pay all applicable civil fines in addition to any misdemeanor penalties set forth in EGMC Section 16.18.1009.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011)

Nothing in this chapter is intended to prohibit or preclude the City from seeking and recovering restitution in any misdemeanor violation proceeding.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011)

Pursuant to Section 36904 of the California Government Code, persons imprisoned for a misde-meanor violation under this chapter may be required to labor on public property or public works projects within the City.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011)

The prevailing party in any misdemeanor violation proceeding associated with the abatement of a public nuisance shall be entitled to recovery of attorneys’ fees incurred in any such proceeding.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011)