Manhattan Beach Municipal Code Ch. 1.04 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 any condition of any permit or license approved pursuant to any provision 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 it is specifically stated in the applicable chapter that it is an infraction, or unless such violation is subsequently prosecuted as an infraction, in which case such person is guilty of an infraction.

A. Any person convicted of a misdemeanor under the provisions of this Code shall be punishable by:

1. A fine of not more than One Thousand ($1,000) Dollars; or

2. Imprisonment in the City Jail or the County Jail for a period not exceeding six (6) months; or

3. Both such fine and imprisonment.

B. Any person convicted of an infraction under the provisions of this Code shall be punishable by:

1. A fine of not more than One Hundred ($100.00) Dollars for a first violation; or

2. A fine of not more than Two Hundred ($200.00) Dollars for a second violation of the same provision of the applicable chapter within one year; or

3. A fine of not more than Five Hundred ($500.00) Dollars for each additional violation of the same provision of the applicable chapter within one year.

C. Each such person shall be guilty of a separate offense for each and every day during any portion of which a violation of a provision of this Code is committed, continued or permitted by such person and shall be punishable accordingly.

D. In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of provisions of 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.

(§ 1, Ord. 1757, eff. August 20, 1987 as amended by § 3, Ord. 2153, eff. October 20, 2011)

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 must be determined by the court authorized to pass sentence within such limits as may be prescribed by this Code.

All that portion of the Police Building of the City of Manhattan Beach, California, at 420 - 15th Street within the City which is designed as quarters and accommodations for prisoners, including the cell blocks and quarters of the Police Department, is hereby designated and established as the City Jail of, in and for the City of Manhattan Beach. 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.

(§ 1, Ord. 676)