Morro Bay Municipal Code Ch. 1.16 General Penalty

No person shall violate any provision, or fail to comply with any of the requirements of this code. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this code, any ordinance of the city or any code adopted by reference in this code shall be guilty, unless otherwise specified, of a misdemeanor/infraction. 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, or by imprisonment in the city or county jail for a period of not exceeding six months, or by both such fine and imprisonment. Each 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.

(Ord. 311 Exh. A (part), 1987)

Every violation of this code designated a misdemeanor/infraction shall be a misdemeanor; provided that, where the city attorney has determined that such action would be in the best interests of justice, the city attorney may specify in the accusatory pleading that the violation shall be an infraction and the violation shall be prosecuted as an infraction.

(Ord. 311 Exh. A (part), 1987)

Unless otherwise specified, each and every violation of a provision of this code which is an infraction is punishable by:

A. A fine not exceeding one hundred dollars for the first violation;

B. A fine not exceeding two hundred dollars for a second violation of the same provision within one year;

C. A fine not exceeding five hundred dollars for each additional violation (after the second) of the same provision within one year of the first violation.

(Ord. 459 § 4, 1997: Ord. 311 Exh. A (part), 1987)

In addition to the penalties provided in this chapter, any condition caused or permitted to exist in violation of any of the provisions of this code shall be deemed a public nuisance and may be abated by the city, either summarily or otherwise as appropriate under law, at the expense of the person or persons creating, causing, committing or maintaining it and such expense shall be a lien against the property on which the nuisance is maintained and shall be a personal obligation against the owner of such property.

(Ord. 311 Exh. A (part), 1987)

The title of code enforcement officer is created. The duties of such named public officer shall be limited to the enforcement of municipal code violations, and such person shall be authorized to exercise the powers set forth in Section 836.5 of the California Penal Code and to make arrest only for the purpose of issuing citations for violation of the municipal code which constitute infractions or misdemeanors. This provision shall not apply to peace officers as designated by Section 830.1 of the California Penal Code.

(Ord. 459 § 5, 1997: Ord. 311 Exh. A (part), 1987)

The chief of police, fire chief, harbor director, director of public works, building official, code enforcement officer and other designated persons shall be responsible for enforcement of the various provisions of this code under their respective authority or as is specifically assigned to them by this code.

A. Police officers have full authority to arrest persons for violations of any provision of this code pursuant to the provisions of the California Penal Code.

B. The fire chief and full-time safety members of the fire department shall have the powers of a peace officer in performing their duties under this code, and shall have the powers of a peace officer as provided in California Penal Code Section 830.31, and shall have the authority to arrest persons pertaining to fire regulations or otherwise within their enforcement authority. This authority is in addition to all other authority provided by law.

C. Harbor patrol officers shall be public employees and not peace officers but shall have the authority to arrest persons pursuant to California Penal Code Section 836.5 for violations of Title 15 of this code. This authority is in addition to all other authority provided by law and other sections of this code.

D. The building official and code enforcement officer, and their respective designees, are authorized to arrest persons pursuant to Penal Code Section 836.5 without warrant whenever they have reasonable cause to believe that the person to be arrested has committed in their presence a misdemeanor, misdemeanor/infraction or infraction, consisting of a violation of the provisions of this code or any other regulation, ordinance or statute which the building official or code enforcement officer has a duty to enforce.

(Ord. 311 Exh. A (part), 1987)

Any city officer or employee arresting any person for a violation of any provision of this code, who does not immediately take such arrested person before a magistrate, as prescribed in the California Penal Code, shall adhere to the procedures set forth in California Penal Code Section 853 et seq.

(Ord. 459 § 6, 1997: Ord. 311 Exh. A (part), 1987)

In any civil action commenced by the city to abate a public nuisance, to enjoin a violation of any provision of this code, or to collect a civil debt owing to the city, the city shall be entitled to recover from the defendant in any such action reasonable attorney's fees and costs of suit.

(Ord. 311 Exh. A (part), 1987)