Lafayette Municipal Code Ch. 1-3 Penalty Provisions

Footnotes:

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Editor's note— Ord. No. 589, § 1, adopted Sept. 28, 2009, deleted the former Ch. 1-3, §§ 1-301—1-309, and enacted a new Ch. 1-3 as set out herein. The former Ch. 1-3 pertained to penalty provisions and derived from Ord. 2 §§ 31—34, 1968; Ord. 8 § 1, 1968; Ord. 25 §§ 3(3) (part), (4), 1969; Ord. 36 § 1, 1970; Ord. 131 § 4 (part), (1—3) (part), 1975; Ord. 182 § 1 (part), 1977; Ord. 290 §§ 1—3, 1983; Ord. 371 § 1, 1988; Ord. 381 § 7(a)—(f), 1990; Ord. 424 §§ 1, 2, 1993; Ord. 505 § 1, 1999.

(a) No person shall violate any provision or fail to comply with any requirement of this code. A person who violates a provision or fails to comply with a mandatory requirement of this code is guilty of a misdemeanor unless, in the city's discretion, the violation of a particular provision of this code is charged as an infraction or made subject to administrative penalties pursuant to chapter 1-9 of this code.

(b) Except as otherwise provided, all provisions of this code relating to misdemeanors shall apply to infractions, including but not limited to authority of city officers and employees to make arrests and the procedure for making arrests.

(Ord. No. 589, § 1, 9-28-2009)

(a) Misdemeanor. Except as otherwise provided by statute or this code, a violation of this code charged as a misdemeanor, unless specific provision is otherwise made, shall be issued:

(1) A fine not exceeding $250.00 for a first violation;

(2) A fine not exceeding $500.00 for a second violation of the same ordinance within one year, and/or

(3) A fine not exceeding $1,000.00 for each additional violation of the same ordinance within one year from the date of the first violation, or by imprisonment in the county jail for a period of not more than six months, or both. Under Section 36903 of the Government Code, the county jail is prescribed as the place for imprisonment for such violation of this code and of any ordinance.

(b) Infractions.

(1) Except as otherwise provided by statute or this code, a violation of this code charged as an infraction, unless specific provision is made otherwise, shall be issued:

1. A fine not exceeding $100.00 for a first violation;

2. A fine not exceeding $200.00 for a second violation of the same ordinance within one year from the date of the first violation; and/or

3. A fine not exceeding $500.00 for each additional violation of the same ordinance within one year from the date of the first violation.

(2) Except as otherwise provided by statute or this code, a violation of building and safety ordinances, including but not limited to, those in Title 3 charged as an infraction, unless specific provision is made otherwise, shall be issued:

1. A fine not exceeding $100.00 for a first violation;

2. $500.00 for a second violation of the same ordinance within one year from the date of the first violation; and

3. $1,000.00 for each additional violation of the same ordinance within one year from the date of the first violation.

(c) Civil Penalty. Except as otherwise provided by statute or this code, a person who violates any section of this code, unless specific provision is otherwise made, may be issued an administrative citation and be liable for an administrative penalty pursuant to chapter 1-9 of this code. When specifically authorized by a provision of this code, the city council may set the penalty by resolution.

(Ord. No. 589, § 1, 9-28-2009)

Each person is guilty of a separate offense for each and every day during any portion of which a violation of this code is committed, continued or permitted to exist by that person.

(Ord. No. 589, § 1, 9-28-2009)

In addition to the penalties provided, any condition caused or permitted to exist in violation of a provision of this code is a public nuisance and may be summarily abated as such. Each day that such condition exists is a new and separate offense.

(Ord. No. 589, § 1, 9-28-2009)