Chapter 1.08 — VIOLATIONS

It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this code.

(a) Misdemeanor. Any person violating any of the provisions or failing to comply with any mandatory requirements of this code is guilty of a misdemeanor, except as otherwise specified by state law or expressly provided by this code. Unless a different penalty is expressly provided by this code, any person convicted of a misdemeanor under the provisions of this code shall be punished by a fine of not more than $1,000.00 or by imprisonment in the county jail for a period not exceeding six months, or both fine and imprisonment.

(b) Infraction. Any person convicted of an infraction for a violation of this code, as expressly provided herein or specified by state law, shall be punished by a fine not exceeding $250.00.

(c) Multiple Violations. Any offense which would otherwise be an infraction is a misdemeanor if a defendant has been convicted of three or more violations of this code within the twelve month period immediately preceding the commission of the offense, or four or more violations of this code within the twenty four month period immediately preceding the commission of the offense, and such prior convictions are admitted by the defendant or alleged in the accusatory pleading. For purposes of this section, a bail forfeiture shall be deemed to be a conviction for the offense charged.

(d) Separate Offense. Each 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 is committed, continued or permitted by such person and shall be punished accordingly.

(e) Reduction of Misdemeanors to Infractions. Notwithstanding any other provision of this code, whenever violation of any section of this code is punishable as a misdemeanor, the city attorney may file a complaint or make a motion to amend an accusatory pleading specifying that the offense is an infraction.

(f) Public Nuisance. In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this code is a public nuisance and may be summarily abated as such by the city. Each day that such condition continues shall be regarded as a new and separate offense.

(Ord. 4745 § 2, 2002: Ord. 4453 § 2, 1997: Ord. 3794 §§ 1, 2, 1988: Ord. 2770 § 1, 1974: Ord. 2146 (part), 1963: prior code § 1.05)

Whenever in this code any act or omission is made unlawful it shall include causing, allowing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission.

(Ord. 2146 (part), 1963: prior code § 1.06)

Whenever a person is arrested for a violation of any ordinance of the city and such person is not immediately taken before a magistrate as is more fully set forth in the Penal Code of the State 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 where and when such person shall appear in court.

(Ord. 2146 (part), 1963: Ord. 1770 (part), 1957: prior code § 1.07(a))

The time specified in the notice to appear must be at least five days after such arrest.

(Ord. 2146 (part), 1963: Ord. 1770 (part), 1957: prior code § 1.07(b)

The place specified in the notice to appear shall be before a court designated for arraignment by the superior court of the state of California in and for the county of Santa Clara, or before an officer authorized by the superior court of the state of California in and for the county of Santa Clara to receive a deposit of bail.

(Ord. 4745 § 3, 2002: Ord. 2146 (part), 1963: Ord. 1770 (part), 1957: prior code § 1.07(c))

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 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.

(Ord. 2146 (part), 1963: Ord. 1770 (part), 1957: prior code § 1.07(d))

(a) The officer shall, as soon as practicable, file the duplicate notice with the magistrate specified therein. Thereupon, the magistrate shall fix the amount of bail which in his judgment in accordance with provisions of Section 1275 of the Penal Code of the State of California will be reasonable and sufficient for the appearance of the defendant and shall endorse upon the notice a statement signed by him in the form set forth in Section 815(a) of the Penal Code of the State of California. The defendant may, prior to the date upon which he promised to appear in court, deposit with the magistrate the amount of bail thus set. Thereafter, at the time when the case is called for arraignment before the magistrate, if the defendant does not appear, either in person or by counsel, the magistrate may declare the bail forfeited, and may in his discretion order that no further proceedings shall be had in such case.

(b) Upon the making of such order that no further proceedings be had, all sums deposited as bail shall forthwith be paid to the county treasury for distribution pursuant to Section 1463 of the Penal Code of the State of California.

(Ord. 2146 (part), 1963: Ord. 1770 (part), 1957: prior code § 1.07(e))

No warrant shall be issued on such charge for the arrest of a person who has given such written promise to appear in court, unless and until he has violated such promise, or has failed to deposit bail, to appear for arraignment, trial or judgment or to comply with the terms and provisions of the judgment as required by law.

(Ord. 2146 (part), 1963: Ord. 1770 (part), 1957: prior code § 1.07(f))

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

(Ord. 2146 (part), 1963: Ord. 1770 (part), 1957: prior code § 1.07(g))

(a) 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 herein, the magistrate shall issue and have delivered for execution a warrant for his arrest within twenty days after his failure to appear as

promised, or if such person promises to appear before an officer authorized to accept bail other than a magistrate and fails to do so on or before the date which he promised to appear, then within twenty days after the delivery of such written promise to appear by the officer to a magistrate having jurisdiction over the offense.

(b) When such a person violates his promise to appear before an officer authorized to receive bail other than a magistrate, the officer shall immediately deliver to the magistrate having jurisdiction over the offense charged the written promise to appear and the complaint, if any, filed by the arresting officer.

(Ord. 2146 (part), 1963: Ord. 1770 (part), 1957: prior code § 1.07(h))

(a) The city manager shall establish a schedule of fees and rates for all types of services performed by city departments under the manager's control, except utility rates and charges, admissions, golf course fees and nonresident library fees, to be set forth in a document to be known as the "municipal fee schedule." Such document shall list all fees, rates and charges, except utility rates and charges, charged and collected by any department of the city and shall be available to the public for examination by request.

(b) Any change in any fee established by the city manager shall become effective upon commencement of the thirty-first day following notice sent to the council, except fees established pursuant to an emergency ordinance of the city council, or fees changed by the city council after such notice. If any fee is changed by the city council by motion action, in such case said changed fee shall be effective on the next weekday following such council action, or at such other time specified by the council.

(c) Except as provided in subsection (d) of this section, it shall be unlawful for any person to use any city facility or service without paying the prescribed fee or charge therefor.

(d) Notwithstanding subsection (c) of this section, the city council may, in its discretion, waive any of the fees set forth in the municipal fee schedule that would apply to a private project to construct, improve or otherwise enhance a new or existing public facility, building or park. A construction or capital project eligible for such fee waiver must result in a new or improved public facility, building or park, or some portion thereof, that will be solely owned or controlled, and operated, by the city upon the project's completion. In the event that only some portion of a construction or capital project will result in a new or improved city facility, building or park, or some portion thereof, then the city council may only waive those portions of any associated fees, on a pro rata basis, that directly relate to the construction, improvement or enhancement of the city facility, building or park.

(e) The finance committee may review any fee in the municipal fee schedule during the annual budget review process.

(Ord. 4204 § 1, 1994: Ord. 2960 § 1, 1976: Ord. 2681 § 1, 1972)