Pinole Municipal Code Ch. 1.12 General Penalty

It is unlawful for any person, firm or corporation to violate any provision or to fail to comply with any requirement of this code. (Ord. 2017-03 § 2 (part), 2017; Ord. 493 § 2 (part), 1986).

A. A violation of any provisions of this code or any ordinance adopted by the City shall be deemed an infraction, unless the violation is specifically designated as a misdemeanor. Any violation deemed and charged a misdemeanor may be reduced to an infraction by the City Manager, City Attorney, or their designee.

B. Pursuant to Government Code Section 36900 et seq., as those sections may be amended from time to time, any person convicted of a misdemeanor under the provisions of this code or any ordinance adopted by the City, unless provision is otherwise herein made, shall be punished by a fine not exceeding one thousand dollars and/or six months in jail.

C. Pursuant to Government Code Section 36900 (or in amounts provided by subsequent amendments to Government Code Section 36900), any person convicted of an infraction under the provisions of this Code or any ordinance adopted by the City, unless provision is otherwise herein made, shall be punished by a fine not exceeding one hundred dollars for a first violation, a fine not exceeding two hundred dollars for a second violation of the same ordinance within one year of the first violation, and a fine not exceeding five hundred dollars for each additional violation of the same ordinance within one year of the first violation. However, in cases where said violation is of a building or safety code, pursuant to Government Code Section 36900 (or in amounts provided by subsequent amendments to Government Code Section 36900), any person convicted of an infraction under the provisions of this code or any ordinance adopted by the city, unless provision is otherwise herein made, shall be punished by a fine not exceeding one hundred dollars for a first violation, a fine not exceeding five hundred dollars for a second violation of the same ordinance within one year of the first violation, and a fine not exceeding one thousand dollars for each additional violation of the same ordinance within one year of the first violation.

D. Except as otherwise provided by law, all provisions of law relating to misdemeanors shall apply to infractions, including, but not limited to powers of peace officers, jurisdiction of courts, periods for commencing action and for bringing a case to trial and burden of proof.

E. The fines enumerated within this section shall supercede any conflicting fine amounts found in specific sections of this code unless those sections provide legislative intent for the application of the conflicting fine amount found in that section. (Ord. 2017-03 § 2 (part), 2017; Ord. 2004-10, § 6, 2004; Ord. 493 § 2 (part), 1986).

Each every day during any portion of which any violation of any provision of the Pinole Municipal Code or any ordinance of the city is committed, continued or permitted shall be deemed a separate offense and may be punished accordingly. (Ord. 2017-03 § 2 (part), 2017; Ord. 493 § 2(part), 1986).

Any person may appeal the City's determination of a violation of this code or any ordinance adopted by the City, unless the procedure for appeal is otherwise specifically provided, by filing an appeal with the City Clerk within fifteen (15) calendar days of the date the notice of violation is served, on the form provided by the City. If the responsible party fails to so appeal the notice of violation, no further administrative remedy will be provided and the failure to appeal shall preclude judicial review of the Enforcement Officer's determination. If the appeal is properly filed, the responsible party will be entitled to an administrative hearing with an officer appointed by the City Manager. The City will issue a final determination of the appeal following the administrative hearing. (Ord. 2017-03 § 2 (part), 2017)

In addition to the penalties in this chapter, any condition caused or permitted to exist in violation of any of the provisions of this municipal code or ordinance of the city shall be deemed a public nuisance and may be, by the city, summarily abated as such, and each day that such condition continues shall be regarded as a new and separate offense. (Ord. 2017-03 § 2 (part), 2017; Ord. 493 § 2 (part), 1986).

Unless otherwise specified, upon the third or subsequent conviction of violating the same section of the Pinole Municipal Code or any ordinance of the city designated punishable as an infraction within a period of twelve months, the fourth violation may be charged as a misdemeanor, punishable as proscribed within Section 1.12.020, subsection B. (Ord. 2017-03 § 2 (part), 2017; Ord. 493 § 2(part), 1986).

A. Pursuant to Section 836.5 of the Penal Code, the City Manager, public services director, fire chief, police chief, and planning director, or an employee as fully authorized and designated by each of these positions within their capacity, or the other city employees as the City Manager may direct shall have the authority as public officer to arrest without a warrant another person when such officer has reasonable cause to believe that the person to be arrested has committed a misdemeanor in the presence of the officer or employee, which misdemeanor is a violation of a statute or ordinance which the officer or employee has the duty to enforce.

B. In any case in which an arrest is made pursuant to this authority for an offense declared to be a misdemeanor or infraction, the arresting officer, in lieu of taking the person before the magistrate, will follow the procedure prescribed by Chapter 5C (commencing with Section 853.6) Title 3 of Part 2 of the California Penal Code, unless the arrested person demands to be taken before a magistrate. The provisions of said Chapter 5C of the Penal Code shall apply, thereafter with reference to any procedures based upon the issuance of a citation.

C. There shall be no civil liability on the part of and no cause of action shall arise against any person acting pursuant to subsection A and B and within the scope of their authority for false arrest or false imprisonment arising out of any arrest which is lawful or which the arresting officer at the time of such arrest had reasonable cause to believe was lawful. No such officer shall be deemed an aggressor or lose their right to self-defense by the use of reasonable force to affect the arrest or to prevent escape or to overcome resistance. (Ord. 2017-03 § 2 (part), 2017; Ord. 493 § 2(part), 1986).