Martinez Municipal Code Ch. 1.12 Enforcement (CA)

§ 1.12.010. Violations—Penalties.¶

A. It is unlawful for any person to violate any provision, or to fail to comply with any of the requirements of the Municipal Code of the City. Any person violating any of the mandatory requirements of the Municipal Code of the City is guilty of a misdemeanor unless specified an infraction.

Unless otherwise provided, any person convicted of a misdemeanor under the provisions of the Municipal Code of the City, shall be punished by a fine of not more than $1,000.00, or by imprisonment in the County Jail for a period not exceeding six months, or by both such fine and imprisonment.
An infraction is punishable by (a) a fine not exceeding $100.00 for a first violation; (b) a fine not exceeding $200.00 for a second violation within one year; (c) a fine not exceeding $500.00 for each additional violation within one year. Each day that a violation of this Code is committed or continues is a separate offense and is punishable as a distinct and separate offense.

B. In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation any of the provisions of the Municipal Code of the City shall be deemed a public nuisance and may be, by this City, summarily abated as such under the procedures described in Chapter 1.13, and each day such condition continues shall be regarded as a new and separate offense.

(Prior code § 1200; Ord. 807 C.S. § 1, 1975; Ord. 965 C.S. § 1, 1982; Ord. 1039 C.S. § 3 & 4, 1985; Ord. 1084 C.S. § 2, 1986; Ord. 1273 C.S. § 1, 2000)

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§ 1.12.020. Violations—Citations.¶

A. If any person is arrested for a violation of the ordinances of the City, and the person is not immediately taken before a magistrate as provided by the Penal Code of the State, or its successor, the arresting officer shall prepare in duplicate a written notice to appear in court, containing the name and address of the person, the offense charged, and the time and place when and where the person shall appear in court. The time specified in the notice to appear must be at least 5 days after the arrest. The place specified in the notice to appear shall be:

Before a judge of a justice court or a municipal court judge within the county in which the offense charged is alleged to have been committed and who has jurisdiction of the offense and who is nearest and most accessible with reference to the place where the arrest is made; or
Upon demand of the person arrested, before a judge of a justice court or municipal court judge having jurisdiction of the offense at the county seat; or before a judge in the judicial district in which the offense is alleged to have been committed; or
Before an officer authorized by the county to receive a deposit of bail.

The officer shall deliver one copy of the notice to appear to the arrested person, and the arrested person in order to secure release must give his written promise so to appear in court by signing the duplicate notice, which shall be retained by the officer. The arresting officer shall then forthwith release the person arrested from his custody.

As soon as practicable, the officer shall file the duplicate notice with the magistrate specified therein. The magistrate shall then fix the amount of bail which in his judgment, in accordance with Section 1275 of the Penal Code of the State, or its successor, will be reasonable and sufficient for the appearance of the defendant, and shall endorse on the notice a statement signed by him in the form set forth in Section 815a of the Penal Code of the State, or its successor. The defendant, before the date on which he promised to appear in court, may deposit with the magistrate the amount of bail thus set. 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 in his discretion order that no further proceedings shall be had in the case.

On the making of the order that no further proceedings be had, all sums deposited as bail shall forthwith be paid into the county treasury for distribution under Section 1463 of the Penal Code of the State, or its successor.

No warrant shall issue on the charge for the arrest of the person who has given his written promise to appear in court, unless and until he has violated the 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.

B. Any person willfully violating his written promise to appear in court is guilty of a misdemeanor regardless of the disposition of the charge on which he was originally arrested.

C. 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 herein, the magistrate shall issue and have delivered for execution, a warrant for his arrest within 20 days after his failure to appear as promised, or if the person promised 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 20 days after the delivery of the written promise to appear by the officer to a magistrate having jurisdiction over the offense.

When a 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.

D. Pursuant to Section 1.12.010, a separate citation for a separate offense may be issued for every day that a violation continues or is committed.

(Prior code § 1201; Ord. 807 C.S. § 1, 1975; Ord. 1039 C.S. § 5 & 6, 1985)

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§ 1.12.030. Violations—Infractions.¶

A. Violation of the following provisions of the Municipal Code and any terms or conditions imposed by the City on a permit or approval issued under the below-specified provisions of the Municipal Code are declared to be public offenses and infractions enforced and punishable by: (1) a fine not exceeding $100.00 for a first violation; (2) a fine not exceeding $200.00 for a second violation within one year; and (3) a fine not exceeding $500.00 for each additional violation within one year.

Title 5. Business Taxes and Regulations
Title 8. Health and Safety.

Chapter 8.08—Protected Trees

Chapter 8.16—Garbage Disposal

Chapter 8.20—Junked or Abandoned Vehicles

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