Lomita Municipal Code Ch. 2 Penalty Provisions

(a) Every person who violates any section of this Code shall be guilty of a misdemeanor, unless such violation is made an infraction pursuant to subsection (b) of this section 1-2.01 or unless, in the discretion of the city manager or his or her designee determines that the severity of the offense warrants being charged with a lesser offense of infraction. Every violation that is a misdemeanor shall be punishable by a fine of not more than one thousand dollars ($1,000.00), or by imprisonment not to exceed six (6) months, or by both such fine and imprisonment.

(b) Every person who violates any section of this Code where the violation is deemed an infraction pursuant to such section shall be guilty of an infraction. Notwithstanding the above, any such violation or failure to comply may be prosecuted originally as a misdemeanor in the discretion of the city manager or his or her designee, upon a showing by the enforcing agency of the seriousness of the particular alleged violation. Every violation that is an infraction shall be punishable by a fine as set forth by resolution of the city within the limits prescribed in Government Code Section 36900, provided that a fourth violation and all subsequent violations thereafter of the same section, regardless of when the violation occurs, shall constitute a misdemeanor.

(c) Every person who violates any section of this Code shall be guilty of a separate offense for each and every day during any portion of which the violation is committed, continued or permitted by such person.

(d) In addition to the penalties hereinabove provided, any condition caused or permitted to exist because of any violation of any section of this Code shall be deemed a public nuisance and the city may abate such nuisance in the manner provided by law.

(Ord. No. 404, § 1, 7-21-86; Ord. No. 513, § 1, 4-19-93; Ord. No. 555, § 1, 12-18-95; Ord. No. 699, § 1, 4-2-07)

The violation of any administrative provision of this Code by any officer or employee of the city may be deemed a failure to perform the duties under, or observe the rules and regulations of, the department, office or board within the meaning of the rules and regulations of the city.

(a) Any city officer or employee arresting any person for a violation of any provision of this Code, who does not immediately take such arrested person before a magistrate, as prescribed in the Penal Code of the State of California, shall prepare a written notice to appear in court. The notice shall contain:

(1) The name and address of the person arrested;

(2) The offense charged, and the time and place of such alleged violation; and

(3) Where and when such arrested person shall appear in court.

The time specified in the notice must be at least five (5) days after such arrest. The place specified in the notice to appear, and said notice, shall be in conformity with the applicable provisions of the Penal Code of the State of California.

(b) The arresting city officer or employee shall deliver one copy of the notice to appear to the alleged violator. The alleged violator, in order to secure his immediate release, must give his written promise to so appear in court at the time and place indicated thereon, by signing the duplicate notice which shall be retained by the city officer or employee; thereafter, the arresting city officer or employee shall forthwith release from custody the person so arrested. The duplicate copy of the notice to appear shall be filed in the manner prescribed in the Penal Code of the State of California.

(Ord. No. 261, § 1, 6-20-77)

Any person who willfully violates his written promise to appear in court by failing to so appear at the time and place stated shall be deemed guilty of a misdemeanor, regardless of the disposition of the charge upon which he was originally arrested.

(Ord. No. 261, § 1, 6-20-77)

When a person signs a written promise to appear at the time and place specified therein, and has not posted bail as provided in said Penal Code of the State of California, the magistrate shall issue and have delivered for execution a warrant for his arrest within twenty (20) days after such person has failed 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 which he promised to appear, then within twenty (20) days after delivery of such written promise to appear by the officer to the magistrate having jurisdiction over the defense, such magistrate shall issue and have delivered for execution a warrant for his arrest. When such person violates his promise to appear before an officer authorized to receive bail other than a magistrate, the officer shall immediately deliver to the magistrate having jurisdiction over the offense charged the written promise to appear and the complaint, if any, filed by the arresting officer.

(Ord. No. 261, § 1, 6-20-77)

(a) A city officer or employee may arrest a person without a warrant whenever he has reasonable cause to believe that the person to be arrested has committed a misdemeanor or infraction in his presence which is a violation of a statute or ordinance of the city, which said officer or employee has the duty to enforce.

(b) The enforcement of any statute or ordinance of the city may be delegated to any officer or employee of the city by resolution of the city council of the City of Lomita. Unless otherwise specified by resolution, the duty of enforcing the provisions of this Code shall be the responsibility of the city manager.

(Ord. No. 261, § 1, 6-20-77; Ord. No. 699, § 1, 4-2-07)