Chapter 2 — PENALTY PROVISIONS

(A) It shall be unlawful for any person to violate any provision, or to fail to comply with any of the 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. Any person convicted of a misdemeanor under the provisions of this code shall be punishable by a fine of not more than $1,000, or by imprisonment in the city jail or the county jail for a period not exceeding six months, or by both such fine and imprisonment. 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 is committed, continued, or permitted by such person and shall be punishable accordingly.

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

(C) Notwithstanding the foregoing provisions of this section, from and after June 1, 1981, in accordance with Cal. Gov't Code § 36900, violations of city ordinances are declared to be infractions, punishable as set forth in Cal. Gov't Code § 36900, unless specifically designated misdemeanors by any ordinance amending this code adopted after June 1, 1981.

('61 Code, § 1-2.01) (Ord. 372 C.S., passed 6-1-81; Am. Ord. 744 C.S., passed 1-15-03)

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. ('61 Code, § 1-2.02)

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. ('61 Code, § 1-2.03)

Whenever in this code the punishment for a crime is left undetermined between certain limits, the punishment to be inflicted in a particular case must be determined by the court authorized to pass sentence within such limits as may be prescribed by this code.

('61 Code, § 1-2.04)

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 the county jail.

('61 Code, § 1-2.05)

All persons imprisoned in the city jail or the county jail upon conviction in any court of competent jurisdiction resulting from a violation of the provisions of any ordinance of the city or this code shall be required to work on public works projects of the city, within or without its corporate limits, including work on public streets, parks, sewer farms, and airports. This section shall apply to all such prisoners, whether confined by virtue of a judgment, a condition of a probationary order, or otherwise, and whether such confinement results from separate, consecutive, or concurrent sentences or other orders of imprisonment. Nothing in this section shall be deemed to inhibit or prevent a court of competent jurisdiction from imposing such other and further conditions of imprisonment as to it may be necessary and proper, nor from exempting any person from all or any of the provisions of this section, as it may deem proper, in any order of probation or suspended sentence which it may make from time to time. ('61 Code, § 1-2.06) (Ord. 148 N.S., passed - - )

The work provided for in § 1-2.06 of this chapter shall be a part of the regular governmental discipline of prisoners confined for violation of city ordinances and shall be under the direction and control of the Police Chief; provided, however, that the administration of the provisions of § 1-2.06 and the guarding and supervision of such prisoners may be delegated by the Police Chief to other members of the Police Department, Constables of the county, the Sheriff of the county and the Sheriff's deputies and any other peace officer of the state, whether such local, township, county, or state officers are regular or special officers. Such prisoners shall be in the custody of one or more of such officers at all times during the performance of such work. The Police Chief or such other person to whom the Police Chief may delegate the duties referred to, is authorized to, and shall, daily, from among the prisoners so confined, select such number as he or she may deem expedient for the labor to be performed upon such day and require them to so engage in the work.

('61 Code, § 1-2.07) (Ord. 148 N.S., passed - - )

No prisoner shall be required to work when it manifestly appears that the prisoner is physically unfit so to do. No female prisoner shall be required to work unless she is in the custody and under the supervision at all times of a female officer or deputized matron otherwise meeting the requirements of § 1-2.07 of this chapter. ('61 Code, § 1-2.08) (Ord. 148 N.S., passed - - )

No prisoner shall be required to work longer than eight hours in any one day or on Saturday afternoons or Sundays, except in case of urgent necessity.

('61 Code, § 1-2.09) (Ord. 148 N.S., passed - - )

The Police Chief shall procure and use such means as the Police Chief shall deem necessary for the security of all prisoners engaged in such work under his or her charge and may prescribe and administer such rules and regulations as shall be deemed necessary to keep good order among the prisoners, to compel them to do their work, and to encourage their application to such work, including a system of credits for good time served, which credits may

consist of a reduction of the time of sentence not to exceed the rate of five days for each 30 days of time ordered by the court to be served.

('61 Code, § 1-2.10) (Ord. 148 N.S., passed - - )

Any prisoner who is ordered to work and who refuses to work, or who shall become refractory while so engaged, shall be guilty of a misdemeanor.

('61 Code, § 1-2.10) (Ord. 148 N.S., passed - - )