Merced Municipal Code Ch. 1.12 General Penalty

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Editor's note— Section 4 of Ord. No. 2348, adopted March 1, 2010, amended Ch. 1.12 in its entirety to read as herein set out. Former Ch. 1.12 pertained to the same subject matter, was comprised of §§ 1.12.010—1.12.090, and derived from the prior code and Ord. 1302 of 1980.

It is unlawful for any person to violate any provision of or fail to comply with any requirement of this code or any requirements or conditions validly imposed upon such person under the authority of this code, including an administrative order, and any person so doing is guilty of a misdemeanor unless such violation is specifically designated as an infraction. Each such person is guilty of a separate offense for each and every day during any portion of which any violation of any such provision or any requirement or condition validly imposed upon such person under authority of this code is committed, continued, or permitted by such person and shall be punishable accordingly.

(Ord. No. 2348, § 4, 3-1-2010)

A. Misdemeanors. Unless otherwise provided, any person convicted of a misdemeanor under the provisions of this code shall be punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in the county jail of Merced County for a period not exceeding one (1) year, or by both such fine and imprisonment.

B. Infraction. Unless otherwise provided, 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 one hundred fifty dollars ($150.00), for a second conviction within a period of one (1) year by a fine of not more than three hundred dollars ($300.00), and for a third or any subsequent conviction within a period of one (1) year, by a fine of not more than five hundred dollars ($500.00).

C. Infraction a Misdemeanor. Any offense which would otherwise be an infraction is a misdemeanor if a defendant has been convicted of three (3) or more of the same violations of this code within a one-year period immediately preceding the commission of the offense and such prior convictions are alleged in the accusatory pleading. For this purpose, a bail forfeiture shall be deemed to be a conviction of the offense charged.

(Ord. No. 2348, § 4, 3-1-2010)

The city attorney shall have the authority to criminally prosecute violations of this code. Any violation of this code constituting a misdemeanor may, in the discretion of the city attorney, be charged as, prosecuted as, or reduced to an infraction. The district attorney shall not have the authority to reduce or dismiss criminal charges brought by the city attorney for violations of this code without the written consent of the city attorney or his or her designee.

(Ord. No. 2348, § 4, 3-1-2010)

If any person is arrested for a violation of this code, and such person does not demand to be taken before a magistrate, the citation procedures pursuant to Penal Code Section 853.6 et seq., and its successors, shall apply.

(Ord. No. 2348, § 4, 3-1-2010)

Any person willfully violating their written promise to appear in court is guilty of a misdemeanor regardless of the disposition of the charge upon which they were originally arrested.

(Ord. No. 2348, § 4, 3-1-2010)

Whenever any act or omission is made unlawful pursuant to this code or any other applicable law, rule or regulation, it is unlawful for any person to cause, permit, suffer, aid, or abet such act or omission or to conceal the fact of such act or omission.

(Ord. No. 2348, § 4, 3-1-2010)

Every person found guilty of violating any of the provisions of this code and sentenced to imprisonment shall be imprisoned in the county jail of Merced County.

(Ord. No. 2348, § 4, 3-1-2010)

In addition to the penalties provided in the preceding sections, any condition caused or permitted to exist in violation of any of the provisions of this code or any requirements or conditions validly imposed under authority of this code is 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.

(Ord. No. 2348, § 4, 3-1-2010)

A. Whenever any person creating, causing, committing, or maintaining a public nuisance, as referred to in Section 1.12.080 of this chapter, or other public nuisance, as defined under state law or other ordinances or regulations, has been given notice by an enforcement officer or by any other city officer, employee, or policing agent authorized to give such notice to abate such nuisance or cease and desist from continuing such nuisance or violation of law, and such person fails, refuses, or neglects to comply with the notice within the time specified therein, or if such a time is not specified, then within a time reasonably sufficient to enable such compliance, such noncomplying person shall be liable to the city for any and all costs and expenses to the city involved in thereafter abating the nuisance and in obtaining compliance with or enforcing the law as referred to or encompassed within said notice. Costs and expenses may by recovered in accordance with Chapter 8.40.

(Ord. No. 2348, § 4, 3-1-2010)

Pursuant to Government Code Section 38773 et seq., the city has the authority to judicially abate public nuisances by filing criminal or civil nuisance actions. The expense of abatement may be recovered set forth in Chapter 8.40.

(Ord. No. 2348, § 4, 3-1-2010)

Pursuant to Government Code Section 38773.7, upon the entry of a second or subsequent civil or criminal judgment within a two-year period that finds an owner of property responsible for a condition that may be abated in accordance with Government Code Section 38773.5, a court may order the owner to pay treble costs of the abatement. These costs shall not include conditions abated pursuant to Health and Safety Code Section 17980.

(Ord. No. 2348, § 4, 3-1-2010)

A. In addition to any other remedy provided by this code, the city attorney may institute an action in any court of competent jurisdiction to restrain, enjoin, or abate any violation or condition found to be in violation of the provisions of this code.

B. As part of a civil action filed to enforce provisions of this code, a court may assess a maximum civil penalty of two thousand five hundred dollar ($2,500.00) per violation of the code for each day during which any person commits, continues, allows, or maintains a violation of any provision of this code.

(Ord. No. 2348, § 4, 3-1-2010)

As part of any enforcement action taken by the city, the city has the authority to require a responsible person to post a performance bond or other security acceptable to city to ensure compliance with this code, applicable state codes or any judicial action.

(Ord. No. 2348, § 4, 3-1-2010)