La Puente Municipal Code Ch. 1.08 Violations—penalties

Sections:

• 1.08.010 Misdemeanors—Infractions.

• 1.08.020 Responsibility.

• 1.08.030 Prohibited acts.

• 1.08.040 Punishment—Penalties.

• 1.08.050 Continuing violations.

• 1.08.060 Public nuisances.

• 1.08.070 Issuance of citations by designated employees.

• 1.08.080 Procedures and rules concerning issuance of citations.

• 1.08.090 Jurisdictional restriction.

It is unlawful for any person to violate or fail to comply with any of the provisions or requirements of this code. Any person violating any of the provisions or failing to comply with any of the requirements of this code is guilty of a misdemeanor unless:

(a) The violation is classified as an infraction by the State Vehicle Code or this code in which case the person is guilty of an infraction; or

(b) The public prosecutor files a complaint charging the offense as an infraction; or

(c) A public officer or employee designated in or pursuant to Section 1.08.070 below issues a citation charging the offense as an infraction.

(Ord. 762 § 1 (part), 1998)

The occupant of any premises upon which a violation of any provision of this code is apparent, or the owner of those premises, or the owner of any object or material placed or remaining anywhere in violation of any provision of this code, is prima facie responsible for the violation and is subject to the penalties provided for that violation.

(Ord. 762 § 1 (part), 1998)

Whenever this code makes any act or omission unlawful, that unlawful act or omission includes causing, permitting, aiding, abetting, suffering or concealing that act or omission.

(Ord. 762 § 1 (part), 1998)

(a) Any person convicted of a misdemeanor under the provisions of this code, unless provision is otherwise made in this code, is punishable by a fine of not more than one thousand dollars or by imprisonment in the Los Angeles County jail for a period of not more than six months, or by both such fine and imprisonment.

(b) Any person convicted of an infraction under the provisions of this code, unless provision is otherwise made in this code, is punishable by a fine of not more than one hundred dollars for a first violation, and by a fine of not more than two hundred dollars for a second violation of the same ordinance within one year, and by a fine of not more than five hundred dollars for each additional violation of the same ordinance within one year.

(Ord. 762 § 1 (part), 1998)

It will constitute a new and separate offense for each and every day during any portion of which a violation of, or failure to comply with, any provision or requirement of this code is committed, continued or permitted by any person, and that person will be punished accordingly.

(Ord. 762 § 1 (part), 1998)

In addition to other penalties provided by law, any condition caused or permitted to exist in violation of any provision of this code is deemed to be a public nuisance and may be summarily abated as such by the city, and each day that condition continues will constitute a new and separate offense.

(Ord. 762 § 1 (part), 1998)

(a) In accordance with Section 836.5 of the California Penal Code, sheriff’s department personnel, the duly designated code enforcement officers of the city, and such other officers and employees of the city as may hereafter be specifically designated by ordinance or resolution of the city council, have the power, authority and immunity, as provided for in that Section 836.5, to make arrests without a warrant, and to issue citations, whenever those officers or employees have reasonable cause to believe that the person to be arrested has committed in their presence a violation of an ordinance or statute that those officers or employees have the duty to enforce.

(b) In any case in which a person is arrested pursuant to this authority and the person arrested does not demand to be taken before a magistrate, the officer or employee making the arrest must prepare a written notice to appear and release the person on his or her promise to appear, as prescribed by Chapter 5C (commencing with Section 853.5) of the California Penal Code.

(Ord. 762 § 1 (part), 1998)

The city manager may, by administrative regulation, establish procedures and rules governing the conduct of officers and employees designated in or pursuant to Section 1.08.070 above, and may specify what ordinances those officers and employees will have the duty to enforce if other than all ordinances of the city.

(Ord. 762 § 1 (part), 1998)

The provisions of this code apply only to the omission or commission of acts within the territorial limits of the city and within any territory outside the city over which the city has jurisdiction or control by reason of the constitution, or any statute, or the ownership or control of property.

(Ord. 762 § 1 (part), 1998)