Fairfax Municipal Code Ch. 1.08 General Penalty

Except as set forth in §§ 1.08.020, 1.08.030, 1.08.040 or 1.08.050, the violation of any provision of this code shall be deemed either an infraction or a misdemeanor at the discretion of the enforcing authority. Where the violation is charged as an infraction, the penalties shall be as set forth in §1.08.020(A) below. Where the violation is charged as a misdemeanor and no specific penalty is provided for elsewhere in the code, the violation shall be punished by a fine not exceeding $1,000 or imprisonment for a term not exceeding six months or by both the fine and imprisonment.

(Prior Code, § 1.08.010) (Ord. 516, passed --1983; Am. Ord. 575, passed --1988; Am. Ord. 719, passed 1-3-2007)

(A) Violations designated infractions. Any person, firm, partnership, corporation or any other organization or group of persons acting in concert, whether as principal, agent, employee or otherwise, violating or causing the violation of the following chapters and ordinances or any other ordinance so providing, is guilty of an infraction:

(1) Chapters 5.04, 5.08, 5.12, 5.16, 5.20, 5.24, 5.28, 5.40 and 5.44 of Title 5, Business Taxes, Licenses and Regulations;

(2) Title 6, Animals;

(3) Chapters 8.08, 8.12 and 8.20 of Title 8, Health and Safety;

(4) Chapters 12.04, 12.08, 12.12, 12.20, 12.24, 12.32, 12.36, 12.40 and 12.44 of Title 12, Streets, Sidewalks and Public Places;

(5) Chapter 13.04 of Title 13, Public Services;

(6) Chapters 15.04, 15.08, 15.12, 15.16, 15.20, 15.24, 15.28, 15.36 and 15.40 of Title 15, Buildings and Construction;

(7) Title 17, Zoning;

(8) Chapter 10.28, Skateboards;

(9) Chapter 3.32, Transient Occupancy Tax; and

(10) Chapter 8.74, Gasoline Powered Landscape Equipment.

(B) Penalties. Pursuant to Cal. Gov’t Code §§ 36900 and 36901, the penalty for infractions shall be as follows:

(1) A fine of $100 for a first violation;

(2) A fine of $200 for a second commission of the same offense within one year; and

(3) A fine of $500 for each additional commission of the same offense within one year.

(Prior Code, § 1.08.020) (Ord. 516, passed - -1983; Am. Ord. 528, passed - -1984; Am. Ord. 575, passed - -1988; Am. Ord. 593, passed - -1990; Am. Ord. 641, passed - -1995; Am. Ord. 655, passed - -1996; Am. Ord. 867, passed 7-6-2022)

Unless otherwise specified, upon a fourth or subsequent conviction for violation of the same section of this code or any city ordinance designated punishable as an infraction committed within a period of one year, the fourth violation may, at the discretion of the Town Attorney, be charged as a misdemeanor punishable by a fine of not more than $1,000 or by imprisonment in the County Jail not to exceed six months or by both the fine and imprisonment.

(Prior Code, § 1.08.030) (Ord. 516, passed - -1983; Am. Ord. 575, passed - -1988)

Each and every day during any portion of which any violation of any provision of this code is committed, continued or permitted shall be deemed a separate offense and may be punished accordingly.

(Prior Code, § 1.08.040) (Ord. 516, passed - -1983)

In addition to any of the remedies provided in this chapter, any violation of this code or any town ordinance may be enforced by civil action.

(Prior Code, § 1.08.050) (Ord. 516, passed - -1983)

(A) In addition and supplementary to the provisions of the Penal Code relating to public offenses and the authority of peace officers, the Town Council designates the Town Manager and the following employees who are classified (or who may hereafter be classified by some other appropriate designation with substantially the same duties) as enforcement authorities for violations of town ordinances: Building Inspector, Town Clerk, Planning Director, Fire Chief and Public Works Director. The public officers or employees may issue a citation and notice to appear in the manner prescribed by Cal. Penal Code Title 3, Chapter 5C, Part 2 or as the same may hereafter be amended.

(B) It is the intent of the Town Council that the immunities prescribed in Cal. Penal Code § 836.5 be applicable to public officers or employees acting in the course and scope of employment pursuant to this chapter.

(Prior Code, § 1.08.060) (Ord. 516, passed - -1983)