Monte Sereno Municipal Code Ch. 1.01 Penalty Provisions

A. It is unlawful for any person to violate any provision, or fail to comply with any requirement or condition of this Code.

B. Unless otherwise expressly provided in this Code, any person violating any of the provisions of the Code or failing to comply with any requirements or conditions validly imposed upon the person under authority of this Code is guilty of an infraction as defined in the Penal Code of the State of California. 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 this Code 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.

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

D. In addition to the penalties provided in this Section, 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 summarily abated as provided for under Section 6.16.010 et seq. Each day such a condition continues shall be regarded as a new and separate offense.

E. Notwithstanding any other provision of this Code, whenever a violation of any section contained in this Code is punishable as an infraction, the City Attorney may specify that the offense is a misdemeanor, and proceed with prosecution as a misdemeanor.

(Ord. 144 § 1, 2005; Ord. 127 § 1, 2001: Ord. 123 § 1, 2000)

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 Code Enforcement Officer of the City of Monte Sereno shall be the City Manager or the City Manager's designee and shall have the duty of enforcing the provisions of the Monte Sereno Municipal Code and all other laws and ordinances of this City.

Any person cited for an infraction who refuses to sign a written promise to appear shall be guilty of a misdemeanor and the provisions of law related to misdemeanor and arrest in Section 853.6 of the California Penal Code shall apply. No person shall wilfully violate his or her written promise to appear in court. Any person who willfully violates his or her written promise to appear in court shall, upon conviction, be deemed guilty of a misdemeanor, regardless of the disposition of the charge upon which he or she was originally arrested.