Los Banos Municipal Code Ch. 2 Penalty Provisions

It is 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. Any person violating any of such provisions or failing to comply with any of the mandatory requirements of this Code shall be guilty of a misdemeanor or an infraction as designated by, and provided for, in Sections 16, 17, 19c, and 19d of the Penal Code of the State and as expressly specified in Section 40000 of the Vehicle Code of the State. 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.

Any person convicted of a misdemeanor under the provisions of this Code shall be punishable by a fine of not more than Five Hundred and No/100ths ($500.00) Dollars, or by imprisonment in the City Jail or County Jail for a period not exceeding six months, or by both such fine and imprisonment.

Any person convicted of an infraction under the provisions of this Code shall be punishable for a first conviction by a fine of not more than Fifty and No/100ths ($50.00) Dollars, for a second conviction within a period of one year by a fine of not more than One Hundred and No/100ths ($100.00) Dollars, and for a third or any subsequent conviction within a period of one year by a fine of not more than Two Hundred Fifty and No/100ths ($250.00) Dollars.

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 the City, and each day such condition continues shall be regarded as a new and separate offense.

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.

The provisions of this Code which declare certain crimes to be punishable as therein mentioned devolve a duty upon the court authorized to pass sentence to determine and impose the punishment described.

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.

Every person found guilty of violating any of the provisions of this Code and sentenced to imprisonment shall be imprisoned in the City Jail or County Jail.

The amount of any fee, service charge, utility charge, license, or tax of any nature whatsoever imposed by any provision of this Code shall be deemed a civil debt owing to the City. An action may be commenced in the name of the City in any court of competent jurisdiction for the collection of the amount of any such delinquent or unpaid fee, service charge, utility charge, license, or tax, together with any penalties applicable thereto as prescribed by this Code. The remedy prescribed by this section shall be cumulative, and the use of an action to collect such an amount as a debt by civil action shall not bar the use of any other remedy provided by this Code or by law for the purpose of enforcing the provisions thereof.

As authorized by this Code or applicable State and Federal Codes, any fine, penalty, lien, assessment, collections and/or legal proceeds as a result of enforcement actions shall be deposited into a trust account. The trust account will be exclusive to enhance, deter and/or minimize Code enforcement activities, procedures and expenses and shall be separate from the general fund.

(§ 2, Ord. 1034, eff. July 1, 2005)