Modesto Municipal Code Ch. 2 Penalty Provisions

It shall be unlawful for any person to violate, or to fail to comply with, any provisions of this Code or of any code adopted by reference by this Code. Notwithstanding any other provision of this Code, any person violating or failing to comply with any such provision shall be guilty of a misdemeanor, except that when the City Attorney shall elect to charge such violation as an infraction, it shall be an infraction. 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. 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 the County of Stanislaus for a period not more than one (1) year, or by both such fine and imprisonment. Any person convicted of an infraction shall be punishable by a fine not exceeding five hundred dollars ($500.00) for each offense.

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

(Amended by Ord. 1120-C.S., Ord. 1688-C.S., § 1, and Ord. 2733-C.S., § 1, effective 11-1-90)

Violation of any provision of this Code which is specifically made an infraction shall be a misdemeanor if a defendant has been convicted of one (1) or more violations of the same Code provision within the twelve (12) month period immediately preceding the commission of the offense and such prior conviction is alleged in the accusatory pleading and proven or admitted. For this purpose, a bail forfeiture shall be deemed to be a conviction of the offense charged.

(Added by Ord. 1688-C.S., § 2, effective 1-7-78)

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.

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 the County of Stanislaus.

Persons imprisoned for the violation of this Code may be caused to perform work on the streets or other property or works within said City.

(Ord. 70-N.S.)

Prisoners working on any public work of the City shall be under the custody of the Police Chief and under the supervision of the Public Works Director. The Public Works Director is hereby authorized and empowered to perform any and all acts necessary to carry out the provisions of Section 1-2.06 of this Code.

(Ord. 70-N.S., amended by Ord. 3126-C.S., § 1, and Ord. 3361-C.S., § 1, effective 12-9-04)

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 accumulative and the use of an action to collect such an amount as a debt by civil action shall not bar the use ofany other remedy provided by this Code or by law for the purpose of enforcing the provisions thereof.

(Added by Ord. 523-C.S., effective 9-25-62)

The Council of the City of Modesto may, by resolution adopted from time to time, fix a fee for any permit or license issued pursuant to the Municipal Code of the City of Modesto.

(Added by Ord. 2627-C.S., § 1, effective 1-19-89)

Pursuant to the provisions of Penal Code Section 836.5, the code enforcement staff of the Neighborhood Preservation Unit of the Community Development Department and the Animal Licensing Officers, Park Rangers, and Police Cadet II's of the Modesto Police Department are authorized to arrest a person without a warrant whenever such employee has reasonable cause to believe that the person to be arrested had committed, in the employee's presence, a misdemeanor or infraction violation of an ordinance which he or she has the discretionary duty to enforce; and to issue a notice to appear; and release such person on his or her written promise to appear in court, pursuant to California Penal Code Sections 853.5 through 853.6a. Employees so designated shall not be deemed to be peace officers.

(Added by Ord. 2854-C.S., § 1, amended by Ord. 2858-C.S., and Ord. 3126-C.S., § 1, effective 5-27-99; Ord. No. 3741-C.S., § 1, effective 3-3-22)