Chapter 1.16 — GENERAL ENFORCEMENT POWERS

* For statutory provisions authorizing cities to impose penalties for violations of ordinances not exceeding $500.00 in fines and six months' imprisonment, see Gov. Code §36901.

Any person violating any of the provisions or failing to comply with any of the requirements of this code shall be guilty of an infraction except as otherwise provided. Any person convicted of a misdemeanor under this code, unless otherwise provided shall be punishable by a fine not exceeding five hundred dollars for the first such violation, one thousand dollars for the second such violation and two thousand dollars for the third and any succeeding violation or by imprisonment in the county jail of the County of Fresno for a period of not more than one year, or both such fine and imprisonment. Any person violating any of the provisions or failing to comply with any of the requirements of this code shall be guilty of a misdemeanor if the code provision under which the person is charged makes violation thereof a misdemeanor. Every violation deemed to be an infraction shall be punishable by a fine not exceeding two hundred dollars, for the first offense, five hundred dollars for the second offense and one thousand dollars for all subsequent offenses. Each such person shall be guilty of a separate offense for each and every day during which any portion of which any violation of any provision of this code is committed, continued or permitted by such person as shall be punished accordingly. In all cases where the same offense is made punishable or is created by different clauses or sections of this code, the city attorney may elect under which to proceed; but not more than one fine shall be imposed against the same person for the same offense. In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of the provisions of this code shall be deemed a public nuisance and may be, by the city, summarily abated as such, and each day that such condition continue shall be regarded as a new and separate offense.

(Ord. 02-02 §1, 2002: Ord. 78-10 §l(part), 1978: Ord. 74-166 §1, 1974: Ord. 6 §1, 1922).

(Ord. No. 07-2019, § 1, 9-15-2019)

A.

Pursuant to the provisions of Part 2, Title 3, Chapter 5b of the Penal Code of the state, if any person is arrested for a violation of any provision of this code or of any other ordinance of the city, the violation of which is punishable as a misdemeanor, and such person is not immediately taken before a magistrate as set forth in the Penal Code, 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.

B.

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

C.

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

Before a judge of the Parlier justice court; or

Before an officer authorized by the county or city to receive a deposit of bail.

D.

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.

E.

The officer shall, as soon as practicable, file the duplicate notice with the magistrate specified therein. Thereupon, pursuant to said Chapter 5b of said Penal Code, the magistrate shall fix the amount of bail which in his judgment, in accordance with the provisions of Section 1275 of the Penal Code of the state 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 of the state. 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 held in such case.

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

F.

No warrant shall issue on such charge for the arrest of a person who has given such 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. 78-10 §1(part), 1978).

Any person wilfully 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. 78-10 §1(part), 1978).

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 in Section 1.16.011 of this chapter and in Section 853.1 of the Penal Code of the state, 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 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. 78-10 §1(part), 1978).

The chief of police and all officers and employees of the police department, excepting clerks, stenographers and others whose duties do not fall within the scope of law enforcement service, are hereby declared to be and are peace officers, and as such have all powers conferred upon peace officer or policemen by the laws of the state, together with all powers conferred upon them by the city and they are hereby empowered to enforce, and are charged with the duty of enforcing, any and all provisions of this code or of any other ordinance of the city where the violation of such provision or provisions would constitute a misdemeanor.

(Ord. 78-10 §1(part), 1978).

When in this code, or in any other ordinance of the city, an officer or employee of the city is empowered to enforce, or charged with the duty of enforcing, any particular provision or provisions of this code or of any

other ordinance of the city, the violation of which provision or provisions would constitute a misdemeanor, the officer or employee so empowered, or so charged with such duty, shall be deemed to be a peace officer for the purpose of enforcing such provision or provisions and as such and for such limited purpose shall have all powers conferred upon peace officers by the laws of the state together with all other powers conferred upon peace officers in the city.

(Ord. 78-10 §1(part), 1978).

Whenever a duty, right, power, privilege, or immunity is granted to, or imposed upon a city officer or employee, the duty may be performed, or the right, power, privilege, or immunity exercised by any subordinate or aide to the officer or employee who has been so charged by the officer or employee, or when the obligations of the position of the subordinate or aide charge him with performing the duty or charge him with exercising or entitle him to exercise the right, power, privilege or immunity.

(Ord. 78-10 §1 (part), 1978).

When in this code, or in any other ordinance of the city, an officer or employee of the city is empowered and has the duty to issue a regulatory permit and the officer or employee has reason to believe that the applicant is engaged in, or has on his premises a violation of law, ordinance, or city regulation, and exercise of the permit will propagate, encourage, or perpetuate the violation, then the officer or employee, with the approval of the city attorney, may refuse to issue the permit until such time that it is established that the violation has been abated or does not exist; provided, that the officer or employee may, with the permission of the city attorney, issue the permit upon conditions reasonably calculated to eliminate the violation and in such case the permit may be revoked upon failure to perform or conform to the condition.

(Ord. 78-10 §1(part), 1978).