Fullerton Municipal Code Ch. 1.08 Penalty Provisions

The City Council intends to secure compliance with the provisions of this code. To the extent that such compliance may be achieved by less drastic methods of enforcement, the following alternate, separate and distinct methods may be utilized. Each method set forth herein is intended to be mutually exclusive and does not prevent concurrent or consecutive methods being used to achieve compliance against continuing violations. Notwithstanding any other provision of this code, each violation of the provisions of this code may be enforced alternatively as follows.

(A) Criminal complaint/citation. Any person violating a city ordinance or provision of this code, at the discretion of the City Attorney or District Attorney, may be charged with either an infraction or misdemeanor as defined hereinbelow, unless, by the terms of the ordinance, the penalty for violation is specifically stated therein. The complaint/citation charging such violation shall specify whether the violation is a misdemeanor or an infraction.

(1) Infraction. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this code may be prosecuted for an infraction. Written citations for infractions may be issued by police officers or other employees as designated in § 2.09.080. Any person convicted of an infraction under the provisions of this code shall be punished either by fines, as is specified in the currently adopted Uniform Parking Bail Schedule used by the county municipal courts, or, where no fine is specified therein, by:

(a) A fine not exceeding $100 for a first violation;

(b) A fine not exceeding $200 for a second violation of the same ordinance within one year; and

(c) A fine not exceeding $500 for each additional violation of the same ordinance within one year.

(2) Misdemeanor. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this code may be prosecuted for a misdemeanor. Written citations for misdemeanors may be issued by police officers or by other employees as designated in § 2.09.080. Any person convicted of a misdemeanor under the provisions of this code shall be punished by a fine not exceeding $1,000 or imprisonment for a term not exceeding six months in the County Jail, or by both such fine and imprisonment.

(B) Civil action. The City Attorney may institute an action in any court of competent jurisdiction to restrain, enjoin or abate the condition(s) found to be in violation of the provisions of this code, as provided by law.

(C) Administrative citation. Upon finding that a violation of this code exists, the city official vested with the authority to enforce the various provisions of this code may issue an administrative citation under the provisions of Chapter 1.10.

(Ord. 2940, passed - -1998)

(A) Pursuant to the provisions of Cal. Vehicle Code § 40000.1, now providing that it is unlawful and constitutes an infraction for any person to violate, or to fail to comply with, any provision of any local ordinance adopted pursuant to the Cal. Vehicle Code, § 42001, now providing that every person convicted of an infraction for a violation of any such a local ordinance shall be punished upon a first conviction by a fine not exceeding $100, and for a second conviction within a period of one year by a fine of not exceeding $200, and for a third or any subsequent conviction within a period of one year by a fine of not exceeding $250, the Council recognizes that any violation of, or failure to comply with, any of the provisions of Title 8 of this code, which have been, and any amendments and additions thereto hereafter made which will be, passed and adopted pursuant to the Cal. Vehicle Code is an infraction within the meaning of the Cal. Penal and Vehicle Codes and that any person guilty thereof is subject to the penalties therefor now or hereafter imposed by Cal. Vehicle Code § 42001.

(B) Any violation of or failure to comply with any of the provisions of Title 8 of this code, or § 6.01.040 of this code, which have been passed and adopted pursuant to the Cal. Vehicle Code, shall be a civil penalty owed the city for violating such provision of this code and there is hereby fixed and imposed upon any person liable of such, penalties therefor now or hereafter imposed by Cal. Vehicle Code § 40200.

(C) All of the provisions of the Cal. Penal and Vehicle Codes now or hereafter existing which provide the procedures to be followed when an infraction has been committed shall apply with respect to all notices, arrests and other procedures for the enforcement of any provision of this code which the violation of, or failure to comply with, constitutes an infraction of this code.

(Ord. 1828, passed - -1972; Ord. 2617, passed - -1987; Ord. 2783, passed - -1991; Ord. 2843, passed - -1993)

The violation, or failure to comply with the mandatory requirements, of any ordinance of the city, including those made a part of this code, shall constitute a separate violation on each and every day during which any portion of which any such violation or failure to comply is committed, continued or permitted.

(Ord. 1828, passed - -1972)

In addition to any penalties otherwise imposed, any condition continuing to exist for more than 24 hours in violation of, or without compliance with, any ordinance of this city, including those made a part of this code, shall be deemed to be a public nuisance which may be abated by the city in the manner provided by the laws of the state and the ordinances of this city for the abatement of a public nuisance, and the city shall also have all rights provided by such laws and ordinances to recover damages suffered from any such nuisance and to recover from the owner of the property upon which such nuisance is located the cost of any abatement thereof by the city.

(Ord. 1828, passed - -1972)