Monrovia Municipal Code Ch. 1.16 General Penalty

No person shall violate any provision, or fail to comply with any requirement of this code. Any person who violates or fails to comply with any provision or requirement of this code, or a condition of any approval, license or permit issued pursuant to this code, shall be guilty of a misdemeanor, unless such a violation or failure is designated as an infraction or it is subsequently prosecuted as an infraction, in which case such person is guilty of an infraction. Any person convicted of a misdemeanor under the provisions of this code shall be punishable by a fine not exceeding $1,000, or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which a violation of any provision of this code, or of a condition of any approval, license or permit issued pursuant to this code, is committed, continued, maintained or permitted by such person and shall be punishable accordingly.

(`83 Code, § 1.16.010) (Ord. 84-11 § 1, 1984; Ord. 92-23 § 1, 1992; Ord. 2007-18 § 2 (part), 2007)

(A) Whenever in this code any act is prohibited or is made or declared to be unlawful or the failure to perform any act is declared to be unlawful and the violation of any such provision of this code is expressly made an infraction, such infraction shall be punishable by a fine not exceeding $100 for a first violation, a fine not exceeding $200 for a second violation of the same provision within one year, and a fine not exceeding $500 for each additional violation of the same provision within one year.

(B) Notwithstanding any other provision of this code, when a person under the age of 18 years is charged with a violation of this code, and a peace officer issues a notice to appear in superior court to that minor, the charge shall be deemed an infraction unless the minor requests that a petition be filed under Cal. Welfare and Institutions Code §§ 601 or 602. The amount of the fine imposed shall be set by the court.

(`83 Code, § 1.16.020) (Ord. 82-27 § 1 (part), 1982; Ord. 82-50 § 1, 1982; Ord. 84-11 § 2, 1984; Ord. 86-5 § 2, 1986; Ord. 86-28 § 2, 1986; Ord. 89-18 § 2, 1989; Ord. 90-02 § 3, 1990; Ord. 91-18 § 2, 1991; Ord. 94-16 § 1, 1994; Ord. 2007-18 § 2 (part), 2007)

(A) Those officers and employees in the divisions of the Community Development Department, as well as those officers and employees in the Public Works and Utilities, Community Services, Fire and Police Departments, and such other persons as determined and designated from time to time by the city manager, shall have the power, authority, and immunity, as set forth in Cal. Penal Code § 836.5, to issue citations and make arrests without a warrant whenever such officers or employees have reasonable cause to believe that the person to be arrested has committed an infraction or misdemeanor violation of an ordinance of the city or state statute which such officers or employees have the duty to enforce, and the violation has been committed in the presence of such officers or employees.

(B) The City Manager, in consultation with the Police Chief, shall establish and cause to be administered a training program designed to instruct each officer and employee in the proper exercise of their criminal citation authority.

(C) The officers and employees identified in subsection A of this section shall have the concurrent authority to issue civil fines under Chapter 1.17, as well as any other persons designated to do so by the city manager. Persons with such concurrent authority are defined in Chapter 1.17 as “Enforcement Officers” or “Officers.”

(`83 Code, § 1.16.025) (Ord. 92-23 § 2, 1992; Ord. 93-24 § 1, 1993; Ord. 2007-18 § 2 (part), 2007)

If any person is arrested for a violation of a section of this code and such person does not demand to be taken before a magistrate as provided in the Cal. Penal Code, the arresting officer shall prepare in duplicate a written notice to appear in court, containing the name and address of such person, the offense charged, and the time and place where and when such person shall appear in court. The place specified in the notice to appear shall be before a Judge of the Superior Court that is designated to receive such citations. Unless waived by the person, the time specified in the notice to appear shall be at least ten days after such arrest.

(`83 Code, § 1.16.030) (Ord. 82-27 § 1 (part), 1982; Ord. 2007-18 § 2 (part), 2007)

Any person wilfully violating his or her written promise to appear in court is guilty of a misdemeanor regardless of the disposition of the charge upon which he or she was originally arrested.

(`83 Code, § 1.16.040) (Ord. 82-27 § 1 (part), 1982; Ord. 2007-18 § 2 (part), 2007)

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 or her written promise so to appear in court by signing the duplicate notice, which shall be retained by the officer; thereupon, the arresting officer shall forthwith release the person arrested from custody.

(`83 Code, § 1.16.050) (Ord. 82-27 § 1 (part), 1982; Ord. 2007-18 § 2 (part), 2007)

In addition to the penalties provided in this chapter, any condition or activity committed, caused, continued, maintained or permitted to exist in violation of any of the provisions of this code, or of any condition of any approval, license or permit issued pursuant to this code, shall be deemed a public nuisance and may be abated by the city as such in any manner authorized by law.

(`83 Code, § 1.16.060) (Ord. 90-17 § 5, 1990; Ord. 2007-18 § 2 (part), 2007)

Whenever any act or omission is prohibited by any provision of this code, such prohibition shall be deemed also to prohibit the causing, permitting, aiding, abetting, suffering, or concealing of such act or omission, and any person who shall cause, permit, aid, abet, suffer or conceal such act or omission shall be guilty of a violation of this code and shall be punishable in accordance with the punishment prescribed for such act or omission.

(Ord. 2007-18 § 2 (part), 2007)