Moraga Municipal Code Ch. 1.24 General Penalty

No person shall violate any provision of this code or fail to comply with any requirement of this code. A person who violates a provision of this code or fails to comply with a mandatory requirement of this code is guilty of a misdemeanor, unless the violation of a particular provision of this code is made an infraction.

An offense which would otherwise be an infraction is a misdemeanor if a person has been convicted of two or more violations of the same chapter within the twelve (12) month period preceding the offense. For this purpose, a bail forfeiture is a conviction of the offense charged.

(Prior code § 1-301)

A person convicted of a misdemeanor under this code, unless specific provision is otherwise made, shall be punished by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in the county jail for a period of not more than six months, or both.

(Prior code § 1-302)

A person convicted of an infraction, unless specific provision is otherwise made, shall be punished as provided in Government Code Section 36900(b):

A. A fine not exceeding one hundred dollars ($100.00) for a first violation;

B. A fine not exceeding two hundred dollars ($200.00) for a second violation of the same ordinance within one year;

C. A fine not exceeding three hundred dollars ($300.00) for each additional violation of the same ordinance within one year.

(Prior code § 1-303)

Each person is guilty of a separate offense for each and every day during any portion of which the violation of this code is committed, continued or permitted by that person.

(Prior code § 1-304)

In addition to the penalty provided, any condition caused or permitted to exist in violation of a provision of the code is a public nuisance and may be summarily abated as such. Each day that the condition continues is a new and separate offense.

(Prior code § 1-305)

Each person or the successor of each person who holds a land use permit or a variance permit issued by the town shall comply with each provision of the permit and with each term which is imposed as a condition to the exercise of the permit. A person who violates or fails to comply with each provision of the permit and with each term imposed as a condition to the exercise of the permit is guilty of a violation of this section. A person who violates this section is guilty of a misdemeanor and shall be punished as provided in Section 1.24.020. The penalty provided in this section is in addition to sections of this code providing for a forfeiture of the permit.

(Prior code § 1-306)

Under Section 36903 of the Government Code, imprisonment in the county jail is prescribed as the place for imprisonment for each violation of a town ordinance.

(Prior code § 1-307)