Chapter 11-5 — ENFORCEMENT

(a)

A person who, without a permit, uses a facility for which a permit is required and continues to use it after being ordered to vacate the facility or who violates a regulation contained in this chapter is guilty of an infraction, unless the violation is made a misdemeanor.

(b)

A person who violates the fireworks provision in Section 11-408 is guilty of a misdemeanor and is punishable as provided in Sections 12700—12702 of the Health and Safety Code.

(c)

A person who violates the firearms provision in Section 11-409 is guilty of a misdemeanor and is punishable as provided in Section 1-302(a).

(d)

A violation of this chapter constitutes a public nuisance. The city may enforce any violation of this chapter in accordance with chapter 1-9 and/or chapter 8-21 of this municipal code, including by abatement of the violation pursuant to the procedures set forth in chapter 8-21.

(e)

The remedies set forth above shall be in addition to all other legal remedies available to the city to address a violation of this chapter or this code. The election or use of any remedy shall be in the city's sole discretion.

(Ord. 464 § 1, 1996: amended during 6/96 supplement; Ord. 455 § 2 (part), 1996)

(Ord. No. 596, § 10, 6-13-2011; Ord. No. 609, § 9, 7-9-2012)

(a)

The director may revoke a permit, or deny an application for a permit, upon a finding of noncompliance with this chapter.

(b)

The director may eject a person who violates a regulation contained in this chapter from a park facility.

(c)

The director may remove any object placed, posted or erected within a park facility in violation of this chapter.

(Ord. 455 § 2 (part), 1996)

(Ord. No. 596, § 11, 6-13-2011)

Under Section 5380 of the Public Resources Code, in order to protect parks from damage and preserve the peace therein, the director and each uniformed park and recreation employee designated by the director, has the authority to issue citations in accordance with the provisions of Chapter 5c, Title 3, Part 2 of the Penal Code for misdemeanor violations of state law, or a violation of this chapter or this municipal code, committed in a park facility in that person's presence.

(Ord. 455 § 2 (part), 1996)

(Ord. No. 596, § 12, 6-13-2011)

(a)

Except as provided in subsection (b) of this section, or in Section 11-501(b) and (c), a violation of a provision of this chapter or a rule or regulation adopted under this chapter is punishable as an infraction and upon conviction may be punished by a fine of $100.00 for the first violation, $200.00 for the second violation within one year, and $500.00 for each succeeding violation within one year. Each person is guilty of a separate offense for each and every day during any portion of which the violation of a provision of this chapter is committed, continued or permitted by that person.

(b)

Malicious injury or destruction of a real or personal property which constitutes vandalism under Section 594 of the Penal Code shall be prosecuted as a violation of Penal Code Section 594 and is punishable as a misdemeanor as provided in Penal Code Section 594.

(Ord. 464 § 2, 1996: amended during 6/96 supplement; Ord. 455 § 2 (part), 1996)

(Ord. No. 596, § 13, 6-13-2011)