Portola Municipal Code Ch. 1.08 General Penalty Provisions

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, unless the violation is made an infraction by ordinance. Whenever in this Code or in any other ordinance or resolution of the city or in any order, rule or regulation issued or promulgated thereto, any act or offense is declared to be a misdemeanor, any person committing the act or offense shall be charged with an infraction or a misdemeanor at the discretion of the City of Portola Code Enforcement Officer, District Attorney or City Attorney, depending upon the enforcement or prosecuting person or entity. The penalties applicable to infractions and misdemeanors shall not be exclusive, and the city reserves the right to take other enforcement measures appropriate to the offense.

(Ord. 294 § 1, 2002: Ord. 160 § 1(a), 1977)

(Ord. No. 333, 8-12-2009)

Except in cases where a different punishment is prescribed by any ordinance of the city, any person convicted of a misdemeanor for violation of an ordinance of the city is punishable by a fine of not more than one thousand dollars, or by imprisonment not to exceed six months, or by both such fine and imprisonment.

(Ord. 294 § 2, 2002; Ord. 160 § 1(b), 1977)

Any person convicted of an infraction for violation of an ordinance of the city shall be punishable for a first conviction by a fine of not more than fifty dollars, for a second conviction within a period of one year by a fine of not more than one hundred dollars, and for a third or any subsequent conviction within a period of one year by a fine of not more than two hundred fifty dollars.

(Ord. 294 § 3, 2002: Ord. 160 § 1(c), 1977)

(Ord. No. 333, 8-12-2009)

The provisions of California Penal Code Section 836.5 and Chapters 1.10 and Section 18.01.010 of this Code authorize certain municipal officers and employees to issue written citations for violations of this Code which such officers or employees have the duty to enforce. The following officers and employees of the city are hereby designated and authorized to issue such citations:

(Ord. 294 § 4, 2002: Ord. 19 § 3, 1947)

(Ord. No. 323, 3-12-2008; Ord. No. 333, 8-12-2009)

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 the ordinances of the city is committed, continued or permitted by any such person, and he shall be punishable accordingly.

(Ord. 160 § 1(d), 1977)

Editor's note— Ord. No. 333, adopted Aug. 12, 2009, repealed § 1.08.070, which pertained to "continued failure to comply" and derived from Ord. 19 § 6, 1947.