Plumas County Municipal Code Ch. 2 Penalty Provisions

It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this Code or the provisions of any Code adopted by reference by this Code. Any person violating any of such provisions or failing to comply with any of the mandatory requirements of this Code shall be guilty of an infraction, unless such violation is specifically stated to be a misdemeanor. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Code, or the provisions of any Code adopted by reference by this Code, is committed, continued, or permitted by such person and shall be punishable accordingly.

Any person convicted of a misdemeanor under the provisions of this Code shall be punishable by a fine of not more than One Thousand and no/100ths ($1,000.00) Dollars, or by imprisonment in the County Jail for a period not exceeding six (6) months, or by both such fine and imprisonment.

Unless otherwise specified, any person convicted of an infraction under the provisions of this Code shall be punishable for a first conviction by a fine of not more than Two Hundred Fifty and no/100ths ($250.00) Dollars, for a second conviction within a period of one year by a fine of not more than Five Hundred and no/100ths ($500.00) Dollars, and for a third or any subsequent conviction within a period of one year by a fine of not more than One Thousand and no/100ths ($1,000.00) Dollars.

In addition to the penalties provided by this section, any condition caused or permitted to exist in violation of any of the above provisions of this Code, or the provisions of any Code adopted by reference by this Code, or any subdivision, building, wiring, plumbing, or similar activity in violation of the provisions of this Code shall be deemed a public nuisance and may be summarily abated by the County in a civil action, and each day such condition continues shall be a new and separate offense.

(§ 1, Ord. 85-619, eff. December 5, 1985, as amended by § 1, Ord. 87-678, eff. November 12, 1987, and § 28, Ord. 90-746, eff. January 17, 1991)

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

The provisions of this Code which declare certain crimes to be punishable as therein mentioned devolve a duty upon the court authorized to pass sentence to determine and impose the punishment described.

Wherever in this Code the punishment for a crime is left undetermined between certain limits, the punishment to be inflicted in a particular case shall be determined by the court authorized to pass sentence, within such limits as may be prescribed by this Code.

Every person found guilty of violating any of the provisions of this Code and sentenced to imprisonment shall be imprisoned in the County Jail.

For the purposes of this section, "labor and work on public works" shall include, among other things, clerical and manual labor in the County Jail or in the camps maintained for the labor of such persons upon the public roads or highways of the County; provided, however, no prisoner labor shall be used for the construction or maintenance of public roads or highways; and provided, further, it is not intended to prevent any prisoner labor from being used in the cleaning of such public roads or highways.

All persons physically able, confined in the County Jail under a final judgment of imprisonment rendered in a criminal action or proceeding, shall perform labor and work on public works, such as public grounds or buildings, or in such other places as may be deemed advisable for the benefit of the County.

The Probation Officer shall perform the functions of the Work Furlough Administrator.

The Sheriff may cause any prisoner confined in the County Jail under judgment of the conviction of a misdemeanor or under a final judgment of imprisonment rendered in a criminal action or proceeding to perform labor as provided in Section 25359 of the Government Code of the State and Sections 1208, 4017, 4024.2, and 4125 of the Penal Code of the State.

(§ 12302, P.C.O.C., as amended by Ord. 472, and § 12302.1, P.C.O.C., as added by Ord. 721, as amended by § 1, Ord. 83-538, eff. April 7, 1983)

Pursuant to Section 1208.5 of the Penal Code of the State, the Board delegates authority to the Work Furlough Administrator to enter into agreements transferring prisoners between counties under work furlough programs.

(§ 1, Ord. 80-377, eff. June 12, 1980)

The supervision of such labor and work set forth in Section 1-2.06 of this chapter shall be under the direction of a responsible employee of the department benefiting from the services of the inmate.

All requests for inmate labor by County departments shall be submitted in writing to the Sheriff, who shall approve or deny the request at his discretion. The request shall include the name of the department making the request, the name of the person making the request, the type of labor to be performed, the number of inmates requested, the hours the inmates will be working, and the number of days the inmates will be needed.

The employee supervising the inmates shall not be responsible for physically trying to prevent an escape. The employee shall be responsible for immediately notifying the Sheriff's Department if an escape does occur.

(§ 12302.1, P.C.O.C., as added by Ord. 721, and § 12303, P.C.O.C., as amended by § 1, Ord. 83-538, eff. April 7, 1983)

The working days for prisoners shall be Mondays through Fridays, with the exception of any legal holidays. The working day shall be an eight (8) hour working day. All work shall be performed between the hours of 7:00 a.m. and 6:00 p.m. of the working day; provided, however, in cases of emergency, the hours may be designated by the Sheriff.

(§ 12304, P.C.O.C., as amended by Ord. 472)

The department of the County receiving the benefit of the services of working prisoners shall be charged with any costs arising from such services, including necessary lunches and clothing, which shall be provided at the direction of the Sheriff, the services of the person supervising the prisoners, and transportation expenses. All necessary tools, equipment, and transportation shall be provided by the benefited department; provided, however, in cases of emergency or in the event such department has no transportation facilities, the Sheriff may provide such transportation, which shall be a charge against the funds of the benefited department.

(§ 12305, P.C.O.C.)

The amount of any fee, service charge, utility charge, license, or tax of any nature whatsoever imposed by any provision of this Code shall be deemed a civil debt owing to the County. An action may be commenced in the name of the County in any court of competent jurisdiction for the collection of the amount of any such delinquent or unpaid fee, service charge, utility charge, license, or tax, together with any penalties applicable thereto as prescribed by this Code. The remedy prescribed by this section shall be cumulative, and the use of an action to collect such an amount as a debt by civil action shall not bar the use of any other remedy provided by this Code or by law for the purpose of enforcing the provisions thereof.

The violation of any of the administrative provisions of this Code by any officer or employee of the County may be deemed a failure to perform the duties or to observe the rules or regulations of the department, office, or board within the meaning of the rules and regulations of the County or of the personnel provisions of the County.