Modoc County Municipal Code Ch. 1.16 General Penalty

Footnotes:

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* Prior ordinance history: Ord. 271.

This chapter is enacted pursuant to the provisions of Section 836.5 of the Penal Code of the state of California, and shall apply to all ordinances heretofore and hereafter enacted by the county, and to statutes which expressly provide that violations of same are punishable as misdemeanors.

(Ord. 271-A §1(part), 1995)

A. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of any ordinance of the county, is guilty of a misdemeanor. Except in cases where a different punishment is prescribed by any ordinance of the county, any person convicted of a misdemeanor under the ordinance of the county shall be punished by a fine not to exceed five hundred dollars or by imprisonment not to exceed one year, or by both such fine and imprisonment.

B. Each such person is guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of the county is committed, continued or permitted by any such person, and he is punishable accordingly.

(Ord. 271-A §1(part), 1995)

Any public officer or employee of the county listed below is authorized to effect arrests without a warrant whenever he or she has reasonable cause to believe that the person to be arrested has committed a misdemeanor in his or her presence which is a violation of a statute or ordinance which the officer or employee has the duty to enforce:

A. Director of environmental health;

B. Director of public works;

C. Planning director;

D. Building inspector;

E. Animal control officer.

(Ord. 271-A §1(part), 1995)

In any case in which a person is arrested pursuant to Section 1.16.020 and the person arrested does not demand to be taken before a magistrate, the public officer or employee making the arrest shall prepare a written notice to appear and release the person on his promise to appear, as prescribed by California Penal Code, Chapter 5C, commencing with Section 853.5. The provisions of that chapter shall thereafter apply with reference to any proceeding based upon the issuance of a written notice to appear pursuant to this authority.

(Ord. 271-A §1(part), 1995)

A. Each public officer and employee vested with the authority to make arrests and issue notices to appear pursuant to this chapter shall receive training and instruction in the application of this chapter.

B. It shall be the duty of each department head who has public officers and employees vested under this chapter to ensure those public officers and employees have available training and instruction in the application of this chapter. Each department head shall schedule this instruction and training with the assistance of county counsel.

C. Each department head shall prepare a written procedure which will govern the activities of those public officers and employees of his department vested with the duties under this chapter. Such procedure and policy shall be specific in its findings for causes of arrests and notices to appear.

(Ord. 271-A §1(part), 1995)