Chapter 1.32 — GENERAL PENALTY

State Law reference— Provisions authorizing cities to impose fines up to five hundred dollars ($500.00) or imprisonment up to six (6) months or both such fine and imprisonment, see Gov. C. § 36901; for provisions authorizing the reduction of City ordinance violations to infractions, see Gov. C. § 36900.

A.

No person shall violate any provision or fail to comply with any of the mandatory requirements of this Code. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Code shall be guilty of a misdemeanor, unless such violation or failure is specifically designated to be an infraction or is prosecuted as an infraction, in which case such person is guilty of an infraction. It shall be a separate offense for each and every day or any portion thereof in which a violation of this Code or a failure to comply with the mandatory requirements of this Code is committed, continued or permitted.

B.

Any person convicted of a misdemeanor under the provisions of this Code, unless provision is otherwise made herein, shall be punishable by a fine of not more than one thousand dollars ($1,000.00), or by imprisonment in the City or county jail for a period not exceeding six (6) months, or by both such fine and imprisonment. Any person convicted of an infraction under the provisions of this Code, unless provision is otherwise made herein, shall be punishable by a fine of not more than one thousand dollars ($1,000.00).

C.

In addition to the penalties provided in this Section, any condition caused or permitted to exist in violation of any of the provisions of this Code shall be deemed a public nuisance.

D.

The City may summarily abate any public nuisance as defined in this Section.

E.

In the sole discretion of the City Prosecutor, any violation of this Code, unless provision is otherwise made herein, may be prosecuted as either a misdemeanor or an infraction. Notwithstanding the foregoing,

violations of Municipal Code Sections 6.16.080, 6.16.190, 6.16.260(C), 6.16.270(D) 6.16.290(C), 18.08.050, 18.16.150, 18.20.080, 21.31.245(C), 21.51.227 and 21.41.170 shall not be prosecuted as infractions.

(ORD-09-0022, § 1, 2009; ORD-05-0001 § 1, 2005; Ord. C-7815 § 1, 2002; prior code § 1200)

A.

Violation of or failure to comply with any provision of Title 10 of this Code constitutes an infraction as provided in Section 40000.1 of the California Vehicle Code, and penalties for such infractions shall be as set forth in Article I, Chapter I, Division 18 of the Vehicle Code.

B.

As an alternative to the penalty provided in Section 1.32.010 of this Code, violation of or failure to comply with any provision of or condition lawfully imposed under the below enumerated provisions of Title 21 of this Code on and following the dates indicated may be deemed to constitute an infraction as provided in Section 17 of the California Penal Code, and penalties for such infractions shall be as set forth in Subdivision 19e of the Penal Code:

a.

On and after January 1, 1992, the following sections of the Long Beach Municipal Code as they then exist or may be thereafter amended: all sections included in Chapter 21.44.

b.

On and after a date to be established in and by administrative rules and regulations promulgated pursuant to Subsection 1.32.060.D., in addition to the section set forth in Subsection B.1.a. of this Section, the following section of the Long Beach Municipal Code as they then exist or may be thereafter amended:

c.

On and after a date to be established in and by administrative rules and regulations promulgated pursuant to Subsection 1.32.060.D., in addition to the sections set forth in Subsections B.1.a. and B.1.b. of this Section, the following sections of the Long Beach Municipal Code as they exist or may be thereafter amended: Sections 21.42.030, 21.51.205, 21.51.235, 21.31.110, 21.32.110, 21.33.110, 21.34.110, 21.35.110, 21.36.110, 21.37.050 and all sections included in Chapters 21.45 and 21.53.

a.

Whenever a person legally controlling property other than the owner is prosecuted for a violation of a provision of Title 21 of this Code pursuant to this Section, the court may, on the request of such person, take appropriate proceedings to make the owner of the property a co-defendant. In the event it is found

that the person legally controlling the property had reasonable grounds to believe that the property controlled by him or her did not violate such provisions, and in the event the owner is found guilty, the court may dismiss the charges against the person legally controlling the property.

b.

Whenever a person other than a person legally controlling the property or the owner of the property is prosecuted for violations of a provision of Title 21 of this Code pursuant to this Section, the court may, on the request of such person, take appropriate proceedings to make the person legally controlling the property or the owner of the property, or both, co-defendants. In the event that the person legally controlling the property or the owner of the property or both are found guilty, the court may dismiss the charges against the person first cited.

(Ord. C-6960 § 1, 1992: Ord. C-5398 § 14, 1978: prior code § 1200.2)

A.

If any person is arrested for the violation of any provision of this Code, and such person is not taken before a magistrate pursuant to the provisions of Section 849 of the Penal Code of the State, the arresting officer shall prepare a written notice to appear in court, or before a person authorized to receive a deposit of bail, 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.

B.

The time specified in the notice to appear shall be not less than five (5) days after such arrest.

C.

The place specified in the notice to appear shall be either:

Before a judge in a division of the Los Angeles County Superior Court, Limited Jurisdiction, South District, Long Beach Courthouse; or

Before a person authorized to accept a deposit of bail.

D.

The officer shall deliver one (1) copy of the notice to appear to the arrested person, and the arrested person, in order to secure his or her release, must give his or her written promise so to appear by signing two (2) copies of the notice which shall be retained by the officer. Thereupon the arresting officer shall forthwith release the person arrested from custody.

E.

The officer shall, as soon as practicable, file a copy of the notice with the magistrate specified therein.

F.

The defendant may, prior to the date upon which he or she promised to appear, deposit with the magistrate, or the person authorized to receive a deposit of bail, the amount of bail set by such magistrate. Thereafter, at the time when the case is called for arraignment before the magistrate, if the defendant does not appear either in person or by counsel, the magistrate may declare the bail forfeited, and may order that no further proceedings shall be had in such case. Upon the making of an order that no further proceedings be had, all sums deposited as bail shall forthwith be paid into the County Treasury for distribution pursuant to Section 1463 of the Penal Code.

G.

Any person wilfully violating his or her written promise to appear in court or before a person authorized to receive a deposit of bail is guilty of a misdemeanor regardless of the disposition of the charge upon which he or she was originally arrested.

H.

When a person signs a written promise to appear at the time and place specified in the written promise to appear and has not posted bail as provided in Section 853.1 of the Penal Code, the magistrate shall issue and have delivered for execution a warrant for his or her arrest within twenty (20) days after his or her 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 which he or she 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.

I.

No warrant shall be issued on the charge for the arrest of a person who has given his or her promise to appear in court or before a person authorized to receive a deposit of bail unless and until he or she has violated such promise, or has failed to deposit bail, to appear for arraignment, trial or judgment, or to comply with the terms and provisions of the judgment as required by law.

(ORD-06-0006 § 1, 2006; prior code § 1200.1)

denial.

A.

Whenever this Code requires that a permit or license be obtained before an activity may be commenced or conducted, any person who commences or conducts such activity without first obtaining the required and appropriate license or permit shall be deemed in violation of the provisions of this Code. Such violation may constitute a ground for denial of an application for a license or permit governing that specific activity. The use of premises, amusement machines, games or devices licensed or permitted pursuant to this Code for

other than their intended use or not in compliance with the license or permit issued shall constitute grounds for revocation or suspension of the license.

B.

No person, whether as principal, agent, clerk, employee, partner or otherwise, either for himself or herself or any other person, or for any body corporate, or as an officer of any corporation, or otherwise, shall commence or carry on any business, trade, calling, profession or occupation for which a license is required by this Code without first having procured such license; and such person shall comply with all of the applicable requirements or provisions of this Code.

C.

Any person engaged in a business or activity in an unincorporated territory or in another incorporated area which is annexed to the City shall obtain a City business or other license, if required by this Code, within thirty (30) days after the effective date of annexation.

(Ord. C-5525 § 2, 1979: prior code § 1200.3)

A.

Performing labor on public works. Persons confined in the City jail under a final judgment of imprisonment rendered in a criminal action or proceeding may be required to perform labor on the public streets or other public property or works within the City under direction of the Chief of Police. The phrase "streets or other public property or works within the City" as used in this Section, includes, among other things, clerical and menial labor in the City jail, and any such prisoners so confined may likewise be transferred to the City jail honor farm designated as "Rancho Esperanza", for labor thereat as directed by the Chief of Police.

B.

Escape. Any prisoner performing labor as above directed, who escapes while so laboring or while going to or returning from such labor, shall be guilty of a misdemeanor.

(Prior code § 1201)

A.

Any violation of the zoning regulations specified in Subsection 1.32.020.B. may, in addition to any other available enforcement or penalty provisions, also be treated by issuance of citation in accordance with the provisions of this Section.

B.

Citations shall be issued by, and only by, persons duly employed by the City of Long Beach's Department of Planning and Building as a combination Building Inspector, a senior combination Building Inspector, a principal Building Inspector, an assistant planner II or a planner I, II or III.

No citation shall be issued until after the property owner or person legally controlling the property has been served a notice of violation/failure and has been provided ten (10) days after such service to correct the violation/failure, provided that no such notice shall be required for any offense set forth in Subsection 1.32.020.B., which is deemed by the Director of Planning and Building to involve a use or an activity that is, by its nature, temporary such as temporary signs, temporary uses or similar activities.

If the violation/failure continues to exist after the period to correct has expired, the Director of Planning and Building may direct the issuance of an infraction citation pursuant to this Section the fine for which is established at one hundred dollars ($100.00), plus penalties and assessments as ordered by the court.

If the violation/failure continues to exist, or reoccurs for or within six (6) months of the issuance of said infraction citation, the Director of Planning and Building may direct the issuance of a second infraction citation, the fine for which is hereby established as two hundred fifty dollars ($250.00), plus penalties and assessments as ordered by the court.

If the violation/failure continues to exist or reoccurs for or within six (6) months of the issuance of a second citation pursuant to Subsection B.3 of this Section, the Director of Planning and Building shall, with the concurrence of the City Prosecutor, proceed to treat the matter as a misdemeanor, the fine for which is established at one thousand dollars ($1,000.00), plus penalties and assessments as ordered by the court.

C.

All notices, forms, filings, arrests, bail settings or forfeitures or any other applicable matters preemptively prescribed by State law relative to infraction or misdemeanor prosecutions shall be conducted or provided as required or prescribed by the applicable parts of Chapter 5C of Title 3 of Part 2 of the California Penal Code.

D.

The Director of Planning and Building is delegated the authority to, and may, from time to time, promulgate such administrative rules and regulations as may be necessary and proper to effectuate the purposes of this Section and to facilitate the administration and enforcement of its provisions. The scope of the Director's delegated authority shall include, but shall not be limited to promulgation of rules and regulations defining procedures for the evaluation of the use of citation procedures in connection with Title 21 offenses, the implementation of Subsections 1.32.020.B.2. and 3., and the modification or establishment of definitions for words and phrases used in this Section including "person legally controlling the property". Such rules and regulations shall be prepared so as to be consistent with all applicable provisions of law including those set forth in Chapter 5C of Title 3 of Part 2 of the California Penal Code.

E.

In addition to any other remedy, the City, in its discretion, may bring any civil action including, but not limited to, injunctive relief and nuisance abatement to enforce the provisions of the zoning regulations.

F.

All costs incurred by the City in connection with such abatement of any violation of this Title, once notified, shall become an indebtedness of the owner(s) of said structure(s) or premises, as well as a lien upon the affected property. Any person aggrieved by the imposition of costs pursuant to this Subsection may appeal such imposition within fifteen (15) days of the date of a notice/demand for payment in accordance with procedures as set forth in Section 8.56.120 of this Code.

G.

Each day of recurrence of any violation or failure set forth in Subsection 1.32.020.B. shall constitute a separate offense and may be treated as such pursuant to this Section, and nothing in this Section shall preclude any enforcement under the provisions of the Long Beach Municipal Code including those set forth in this Section 21.10.080.

H.

As used in this Section, the following words and phrases shall have the meanings indicated as follows:

"Costs" means all actual costs incurred by City in the enforcement proceedings undertaken pursuant to this Section on and after a decision is made by the Director of Planning and Building to proceed with either misdemeanor or civil abatement proceedings or both.

"Person legally controlling the property" means the owner, lessee or sublessee of the property or the person designated or employed by the owner, lessee or sublessee to manage the property.

"Service" means either the depositing of the matter to be served in the United States Mail, postage prepaid, return receipt requested; or personal delivery of the matter to the person or persons to whom it is addressed; or posting of the matter on real property which is involved in the matter to be served. Service by such methods shall be deemed complete on the date that the recipient signs the mail return receipt or on the date of personal delivery or on the date of posting indicated on an affidavit signed by the person posting the matter.

(Ord. C-6960 § 2, 1992)