Chapter 1.08 — ENFORCEMENT OF VIOLATIONS

A.

Whenever in the ordinances of the town or this Code any action is prohibited, or is made or declared to be unlawful, or an offense, or the action is required, or the failure to do the action is declared to be unlawful; and where no specific penalty is specifically provided for violation of the statutes of said ordinances of the town or this Code, then the person or party committing such violation shall be guilty of an infraction with fines pursuant to Government Code § 36900.

B.

Any additional violation committed within one year of the first violation may be prosecuted by the town attorney as a misdemeanor with a fine not exceeding one thousand dollars and/or six months in the county jail; and provided, however, the town attorney shall have the discretion to reduce the misdemeanor to an infraction.

C.

Each day such violation is committed or permitted to continue constitutes a separate offense and is punishable as such.

D.

The aforementioned penalties shall not be deemed to exclude any other remedy for violation of any ordinances of the town or this Code.

(Ord. 76 § 1, 1982: Ord. 47 § 1 (A), 1981; Ord. No. 401, § 1, 8-26-2003)

No person shall be arrested for a violation of any provision of any ordinance, resolution, rule or regulation adopted by the town, the violation of which is an infraction, except as provided in this section. Proceedings for the violation of any such provision which constitutes an infraction may be commenced by the following procedure:

A.

The officer of the town in charge of the enforcement of such provisions may prepare, in duplicate, a written notice to appear in court, containing the name and address of the person against whom the offense is charged, the offense charged, and the time and place when such person shall appear in court. Such notice, except as otherwise provided in this section, shall substantially conform to the provisions of the Penal Code of the state respecting notices to appear insofar as the same are applicable to infractions. The time specified in the notice to appear must be at least ten days after the notice is personally served upon the person charged with the offense. The place specified in the notice to appear shall be before the judge of the justice court of the Paradise judicial district. The enforcing officer shall cause to be personally served one copy of the notice to appear on the person charged with the offense. The duplicate copy of the notice to appear shall, as soon as practicable after service of the same, be filed with the clerk of the justice court, containing an affidavit of personal service.

B.

Should the person charged fail to appear at the time specified in the notice to appear, such failure, if wilful, shall constitute a misdemeanor, regardless of the disposition of the charge upon which he has to appear. The person charged may thereafter be arrested, not only upon such misdemeanor, but upon the charges upon which he failed to appear, as though the same were misdemeanors, and in regard to such arrest, such person shall be subject to all procedures for arrest contained in this chapter which are applicable to misdemeanors. (Ord. 76 § 2, 1982: Ord. 47 § 2 (A), 1981)

Sections 1.08.040 through 1.08.100, inclusive, shall apply to all provisions of the ordinances, resolutions and rules and regulations of the town and boards and commissions thereof, regularly adopted by the town, including those sections, ordinances, resolutions and rules and regulations enacted after the adoption of the ordinance codified in this chapter, violations of which are misdemeanors, and also to an offense declared by state law to be a misdemeanor. (Ord. 47 § 3 (part), 1981)

If any person is arrested for violation of any section of any resolution, ordinance, rule or regulation adopted by the town, or an offense declared by state law to be a misdemeanor, and such person is not immediately taken before a magistrate, as more fully set forth in the Penal Code of the state, 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. Such notices, except as otherwise provided in this chapter, shall substantially conform to, and the arresting officer shall act in accordance with, the provisions of Chapters 5b, 5c and 5d of Part 2, Title 3 of the Penal Code. (Ord. 47 § 3 (A), 1981)

The time specified in the notice to appear, unless waived by the person, must be at least ten days after the arrest. (Ord. 47 § 3 (B), 1981)

The place specified in the notice to appear shall be either:

A.

Before a judge of the justice court in the judicial district in which the town is located in which the offense charged is alleged to have been committed, who has jurisdiction of the offense, and who is nearest and most accessible with reference to the place where the arrest is made; or

B.

Upon demand of the person arrested, before a judge having jurisdiction in the judicial district in which the offense is alleged to have been committed; or

C.

Before an officer authorized by the town or the judge of the judicial district in which the town is located to receive a deposit of bail. (Ord. 47 § 3 (C), 1981)

The officer shall deliver one copy of the notice to appear to the arrested person. An 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. 47 § 3 (D), 1981)

The officer shall, as soon as practicable, file the duplicate notice and underlying police reports in support of the charge or charges with the prosecuting attorney. Within twenty-five days from the time of arrest the prosecutor, within his or her discretion, may initiate prosecution by filing the notice or a formal complaint with the magistrate specified therein. If the prosecution is not to be initiated, the prosecutor shall send notice to the person arrested at the address on the notice to appear. Thereupon the magistrate may fix the amount of bail which, in his judgment, in accordance with the provisions of Section 1275 of the Penal Code, will be reasonable and sufficient for the appearance of the defendant and shall indorse upon the notice a statement signed by him in the form set forth in Section 815a of the Penal Code. 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 shall 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. (Ord. 76 § 3, 1982: Ord. 47 §3 (E), 1981)

Nothing in this chapter shall be deemed or construed to require any arresting officer to issue a citation instead of taking a person before a magistrate as is otherwise provided by law. (Ord. 47 § 3 (F), 1981)

When a person signs a written promise to appear at the time and place therein specified and has not posted bail as provided in the Penal Code of the state, the magistrate shall issue and have delivered for execution a warrant for his arrest (A) within twenty days after his failure to appear as promised, or (B) 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 upon which he promised to appear, then within twenty days after delivery of such written promise to appear by the officer to the magistrate having jurisdiction over the offense. (Ord. 47 § 3 (G), 1981)

A.

If after investigation or other enforcement action by a duly authorized town ordinance enforcement officer it appears that a violation has occurred involving a "mechanical" requirement of a town ordinance(s), and all the conditions set forth in subsection B of this section are met and the investigating officer decides to take

enforcement action, he may prepare, in triplicate, and the violator shall sign, a written notice containing his or her promise to correct the alleged violation and deliver proof of correction of the violation to the issuing agency.

B.

The use of the notice to correct violation as provided in this section is authorized when all of the following conditions exist:

The violation does not evidence fraud or persistent neglect;

The violation has not presented and does not present an immediate safety hazard;

The alleged violator agrees to, and is able to, promptly correct the violation.

C.

If any of the conditions set forth in subsection B of this section are not met, the investigating officer may cause the issuance of a notice to appear in accordance with Section 1.08.020.

D.

The notice to correct violation shall be in a form approved by the town council, and in addition to the identifying information, shall contain an estimate of the reasonable time required for correction and proof of correction of the particular defect, not to exceed thirty days. (Ord. 47 § 4 (A), 1981)

An exact, legible copy of the notice to correct shall be delivered to the alleged violator at the time he or she signs such notice. (Ord. 47 § 4 (B), 1981)

Any person wilfully violating a written promise to correct or wilfully failing to deliver proof of correction is guilty of an infraction, punishable by a fine up to two hundred fifty dollars. Proof of correction may consist of a certification by an authorized representative of the issuing agency that the alleged violation has been corrected. (Ord. 47 § 4 (C), 1981)

Whenever proof of correction of violation is not received by the issuing agency in accordance with Section 1.08.130, the issuing agency may proceed according to the provisions of Section 1.08.110 on the underlying violation(s) as well as on the Section 1.08.130 violation.

(Ord. 47, § 4(D), 1981)

Pursuant to Penal Code Section 836.5, the town council authorizes the town Code enforcement officer to enforce its ordinances by arresting persons for violating such ordinances.

(Ord. 283, § 1, 1996)

Pursuant to Penal Code section 836.5, the Town Council authorizes the fire marshal to enforce its fire Codes and ordinances by arresting persons for violating such Codes and ordinances.

(Ord. 439, § 1, 7-26-2005)