Lemoore Municipal Code Ch. 4 Penalty Provisions

It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this code or the provisions of any code adopted by reference by this code. Subject to the provisions of this section, any person violating any such provision or failing to comply with any of the mandatory requirements of this code shall be guilty of a misdemeanor. Any such violation or failure to comply may be prosecuted either by the city attorney, the deputy city attorney, or by the district attorney of the county of Kings, and the city attorney, deputy city attorney, or district attorney shall have and exercise discretion to prosecute such violation or failure to comply as an infraction instead of as a misdemeanor when justice so requires. Any person convicted of a misdemeanor under the provisions of this code shall be punished as provided by law; any person convicted of an infraction under the provisions of this code shall be punished as provided in subdivision (b) of section 36900 of the California Government Code, which provides that every violation determined to be an infraction is punishable by a fine not exceeding one hundred dollars ($100.00) for a first violation, a fine not exceeding two hundred dollars ($200.00) for a second violation of the same ordinance within one year, and a fine not exceeding five hundred dollars ($500.00) for each additional violation of the same ordinance within one year. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this code or the provisions of any code adopted by reference by this code is committed, continued or permitted by such person and shall be punishable accordingly.

In addition to the penalties provided by this section, any condition caused or permitted to exist in violation of any of the provisions of this code, or the provisions of any code adopted by reference by this code, shall be deemed a public nuisance and may be summarily abated by this city, and each day such condition continues shall be regarded as a new and separate offense. (Ord. 2000-12, 12-5-2000)

The penalty provided in this chapter shall be applicable to any violation of any section or subsection of this code the same as though it were a part of each and every separate section or subsection unless otherwise indicated.

In all cases where the same offense is made punishable or is created by different clauses or sections of this code, the prosecuting officer may elect under which to proceed, but not more than one recovery shall be had against and not more than one punishment imposed on the same person for the same offense; provided, that the revocation of a license or permit shall not be considered a recovery or penalty so as to bar any other penalty being enforced.

Whenever the doing of any act or the omission to do any act constitutes a breach of any section or provision of this code and there shall be no fine or penalty specifically declared for such breach, the provisions of this chapter shall apply. (1989 Code)

Whenever in this code any act or omission is made unlawful, it shall include causing, permitting, aiding, abetting, suffering or concealing the fact of such act or omission. (1975 Code §0-2.02)

Whenever in this code the punishment for a crime is left undetermined between certain limits, the punishment to be inflicted in a particular case shall be determined by the court authorized to pass sentence within such limits as may be prescribed by this code. (1975 Code §0-2.04)

Every person found guilty of violating any of the provisions of this code and sentenced to imprisonment shall be imprisoned in the Kings County jail. (1975 Code §0-2.05)

A. Citation Procedure: If any person arrested for a violation of any municipal ordinance of the city is not immediately taken before a magistrate as prescribed in the Penal Code, the arresting officer shall prepare in duplicate a written notice to appear in court containing the name and address of such person, the offense charged and the time and place where and when such person shall appear in court. If such person signs the citation agreeing to appear in court at the time and place stated, he shall be released from custody. (1975 Code §7-1.01)

B. Penalty For Failure To Appear: Any person wilfully violating his written promise to appear in court at the time and place stated in the citation is guilty of a misdemeanor regardless of the disposition of the charge upon which he was originally arrested and shall be punished by a fine of not more than five hundred dollars ($500.00) or imprisonment for not more than six (6) months or by both such fine and imprisonment. (1975 Code §7-1.02)

C. Arrest Warrant: When a person signs a written promise to appear at the time and place specified in the citation and has not posted bail as provided by section 853.1 of the Penal Code, the magistrate shall issue and have delivered for execution a warrant for his arrest within twenty (20) days after his failure to appear as promised, or if such person promises to appear before an officer authorized to accept bail, other than a magistrate, and fails to do so on or before the date he has promised to appear, then within twenty (20) days after the delivery of such written promise to appear by the officer to a magistrate having jurisdiction over the offense. (1975 Code §7-1.03)

No provision of this code designating the duties of any officer or employee shall be so construed as to make such officer or employee liable for any fine or penalty provided for a failure to perform such duty, unless the intention of the city council to impose such fine or penalty on such officer or employee is specifically and clearly expressed in the section creating the duty. (1989 Code)