Kern County Municipal Code Ch. 1.12 General Penalty

Upon the arrest of any person in the county of Kern for the commission of any act declared to be an infraction or misdemeanor by this code or any uncodified ordinance of this county, the arresting officer shall follow the citation-release procedures prescribed in Chapter 5C, Title 3, Part 2 of the California Penal Code or such procedures hereafter enacted by the state of California.

(Prior code § 5.1)

Unless otherwise provided by this code, infractions are punishable by a fine not exceeding:

A. One hundred dollars ($100.00) for a first violation;

B. Two hundred dollars ($200.00) for a second violation of the same ordinance within one (1) year; and

C. Five hundred dollars ($500.00) for each additional violation of the same ordinance within one (1) year.

(Ord. G-4461 § 4, 1987: prior code § 5.2)

Unless otherwise declared to be an infraction, any act declared by this code to be unlawful shall be a misdemeanor. Any such misdemeanor, unless otherwise provided in this code, shall be punishable by a fine of not exceeding one thousand dollars ($1,000.00) or by imprisonment in the county jail for a period of time not exceeding six (6) months, or by both such fine and imprisonment.

(Ord. G-4461 § 3, 1987: prior code § 5)

A. Pursuant to Sections 831.5 and 836.5 of the Penal Code, all sheriff's detention officers appointed by the Kern County sheriff are designated as public officers with the authority and duty to enforce by arrest and citation, any law when a violation occurs within a detention facility operated by the sheriff. No sheriff's detention officer shall arrest or issue a citation to any person for a violation of any law unless the officer has reasonable cause to believe that the violation has occurred in the officer's presence. Unless the person arrested demands to be taken before a magistrate, the sheriff's detention officer shall issue a citation to that person in accordance with subdivision (d) of Section 836.5 of the Penal Code.

B. As used in this section, words and phrases are defined as follows:

1. "Detention facility" means any detention facility within the county owned by and/or operated, managed or controlled by the sheriff as a Type I, II, III or IV detention facility, court holding facility or temporary holding facility.

2. "Any law" means any state statute or any ordinance of the county, violation of which is a misdemeanor or infraction and which is applicable, either generally or specifically, within a detention facility operated by the sheriff.

3. "Sheriff's detention officer" means any person appointed by the sheriff to the classification of sheriff's detention officer in accordance with Penal Code Section 831.5.

(Ord. G-6413 § 2, 1997)