Chapter 1.08 — GENERAL PENALTY

It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this code. A violation of any of the provisions or failing to comply with any of the mandatory requirements of this code shall constitute a misdemeanor; except that notwithstanding any other provision of this code, any such violation constituting a misdemeanor under this code may, in the discretion of the City Attorney, be prosecuted as an infraction; and, with the further exception that any violation of the provisions relating to parking, and as specifically designated in specific code titles, chapters or sections, shall constitute an infraction. Any person convicted of a misdemeanor under the provisions of this code, unless provision is otherwise herein made, shall be punishable by a fine of not more than $1,000.00 or by imprisonment in the County Jail for a period of not more than six months, or by both fine and imprisonment. Any person convicted of an infraction under the provisions of this code, unless provision is otherwise herein made, shall be punishable by fine only as follows: (1) a fine not exceeding $100.00 for a first violation; (2) a fine not exceeding $200.00 for a second violation of the same ordinance within one year; and (3) a fine not exceeding $500.00 for each additional violation for the same ordinance within one year. Each such person shall be charged with 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, upon conviction, be punishable accordingly. (Prior code 1200; Ord. 1-80; Ord. 52-83; Ord. 4-00)

In addition to the penalties provided in Section 1.08.010, any condition caused or permitted to exist in violation of any of the provisions of this code, state, or federal law, shall be deemed a public nuisance and may be summarily abated in a manner provided by law, and each day such condition continues shall be regarded as a new and separate offense. Any cost or expense to the City of Orange to abate any nuisance or nuisances shall constitute a lien against the property on which said nuisance or nuisances are located or maintained and such cost or expense of abatement by the City shall also be a personal obligation against the property owner. The cost to the City of abatement of any nuisance on a parcel of land shall constitute a special assessment against that parcel and may be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. (Prior code 1201; Ord. 1-80; Ord. 20-85; Ord. 06-24, 4/9/2024)

If any person is arrested for a violation of any provision of this code, and such person is not immediately taken before a magistrate, as more fully set forth in the Penal Code of California, 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 when such person shall appear in court.

(Prior code 1210; Ord. 722; Ord. 1-80)

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City of Orange, CA

ORANGE CODE

§ 1.08.040

§ 1.08.100

The time specified in the notice to appear must be at least 10 days after the arrest. (Prior code 1210.1; Ord. 722; Ord. 1-80; Ord. 4-00)

The place specified in the notice to appear shall be the court of the magistrate before whom the person would be taken if the requirement of taking an arrested person before a magistrate were complied with, or shall be an officer authorized by that court to receive a deposit of bail. (Ord. 4-00)

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. (Prior code 1210.3; Ord. 722; Ord. 1-80)

The officer shall as soon as practicable file the duplicate notice with the magistrate specified therein.

(Prior code 1210.4; Ord. 722; Ord. 1-80)

Any person wilfully violating his or her written promise to appear in court is guilty of a misdemeanor.

(Prior code 1211; Ord. 722; Ord. 1-80)

When a person signs a written promise to appear at the time and place specified in the written promise to appear and has not posted bail as provided in Penal Code Section 853.6, the magistrate shall issue and have delivered for execution a warrant for his or her arrest within 20 days after his or her failure to appear as promised, or if such person promises to appear before an officer authorized to accept bail other than the magistrate and fails to do so on or before the date on which he or she promised to appear, then, within 20 days after the delivery of such written promise to appear by the officer to the magistrate having jurisdiction over the offense. (Prior code 1211.1; Ord. 722; Ord. 1-80; Ord. 4-00)

Nothing contained in this chapter shall be deemed or construed to require any arresting officer to issue a citation instead of taking the person arrested before a magistrate as otherwise provided by law.

(Prior code 1212; Ord. 722; Ord. 1-80)

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City of Orange, CA

GENERAL PROVISIONS

§ 1.10.010

§ 1.10.020