Rancho Mirage Municipal Code Ch. 14.110 Misdemeanor Violations

Any violation of the Municipal Code by a member of the public which is designated as a misdemeanor violation under the applicable Municipal Code provision shall be deemed a misdemeanor violation and shall be prosecuted as such pursuant to this chapter 14.110.

(Ord. 870 § 2, 2004)

The fourth and each subsequent violation of a Municipal Code provision by a member of the public that would otherwise be an infraction violation within a twelve month period commencing on the date of the first violation shall be deemed a misdemeanor violation.

(Ord. 870 § 2, 2004)

Any code compliance officer or authorized enforcement agent who has a duty to enforce any provision of the Municipal Code and who has reasonable cause to believe that a person has committed a misdemeanor violation in the presence of said officer or agent, may arrest the alleged violator without a warrant. The code compliance officer or authorized enforcement agent may contact the Police Department for assistance with an arrest.

(Ord. 870 § 2, 2004)

Any code compliance officer or authorized enforcement agent who arrests a person for a misdemeanor violation pursuant to this chapter 14.110 shall, in lieu of taking the arrested person into custody, prepare, or cause to be prepared, in duplicate, a misdemeanor field citation which shall provide a written notice to appear in court, and which shall contain the name and address of the arrested person, the offense charged, and the time when, and the place where, the arrested person shall appear in court. The arresting officer or agent shall release the arrested person and issue a misdemeanor field citation provided that: (a) the arrested person presents his or her driver's license or other satisfactory evidence of his or her identity to the officer or agent; and (b) the arrested person signs a written promise to appear at court at a later date and time which shall be specified on the field citation. The arresting officer or agent shall deliver one duplicate copy of the field citation to the arrested person and shall retain the original signed citation. If the arrested person does not have a driver's license or other satisfactory evidence of identity in his or her possession, the arresting officer or agent may require the arrested person to place a right thumbprint, or a left thumbprint or fingerprint if the person has a missing or disfigured right thumb, on the field citation.

(Ord. 870 § 2, 2004)

Any person who is placed under arrest in accordance with this chapter 14.110 who refuses to sign the field citation, or who is unable or unwilling to produce satisfactory identification, or is unable or unwilling to provide a thumbprint or fingerprint may be taken into custody by the arresting code compliance officer or authorized enforcement agent pursuant to Penal Code Section 853.5. The code compliance officer or authorized enforcement agent may contact the Police Department for assistance with taking a person into custody.

(Ord. 870 § 2, 2004)

A. Whenever a code compliance officer or authorized enforcement agent has reasonable cause to believe that a misdemeanor violation is being committed and the alleged violator cannot be served with a field citation for any reason, the City Attorney may file a criminal misdemeanor complaint against the alleged violator at the request of the Code Compliance Manager or any other enforcement authority, unless the City Attorney in his or her discretion determines that the misdemeanor violation should be reduced to an infraction violation.

B. If required by the court in order to prosecute a misdemeanor violation believed or determined by the code compliance officer or authorized enforcement agent to have been committed, the City Attorney shall prepare a criminal misdemeanor complaint and file said complaint with the court listing all violations committed and listed in the field citation, if such a citation was issued pursuant to this chapter 14.110. However, the City Attorney has the discretion to determine that a misdemeanor violation should be reduced to an infraction violation.

(Ord. 870 § 2, 2004)

The City Attorney or his or her designee shall appear at any court hearing at which the City is required to appear for the purpose of prosecuting the misdemeanor violation case and submitting on behalf of the City any witness testimony and/or other evidence to the court on the violation committed as listed in the field citation or criminal misdemeanor complaint. The City Attorney shall have the discretion to reduce any misdemeanor violation to an infraction violation. The City Attorney or his or designee may contact the code compliance officer or authorized enforcement agent involved with the particular misdemeanor violation proceeding for assistance with the misdemeanor case.

(Ord. 870 § 2, 2004)

A separate offense occurs for each day a misdemeanor violation is continued and/or maintained.

(Ord. 870 § 2, 2004)

Upon the filing of a criminal complaint for zoning or other land use related violations, the Code Compliance Manager or other enforcement authority, or his or her designee, may file a notice of pending action in the county recorder's office to prevent the owner from transferring the subject property or premises to another person or entity without first correcting the outstanding violation and reimbursing the City for any and all costs incurred by the City in its attempt to remedy the violation. Once the action is completed and the City is reimbursed for any costs incurred by the City in its attempt to remedy the subject violation, the Code Compliance Manager, or his or her designee, shall file a withdrawal of the notice with the county recorder's office.

(Ord. 870 § 2, 2004)

Every Municipal Code violation determined to be a misdemeanor violation is punishable by a fine in an amount not to exceed one thousand dollars and/or imprisonment for a period not to exceed six months.

(Ord. 870 § 2, 2004)

Upon conviction of any misdemeanor violation, the convicted violator shall, for each separate violation, and in addition to any infraction penalty imposed pursuant to this chapter 14.110, be subject to: (a) a fine in an amount not to exceed two hundred fifty dollars for a first conviction of an offense; (b) a fine in an amount not to exceed five hundred dollars for a second conviction of the same offense within a twelve month period commencing on the date of the first offense; and (c) a fine in an amount not to exceed seven hundred fifty dollars for the third conviction of the same offense within a twelve month period commencing on the date of the first offense. The fine for a fourth and subsequent convictions of the same offense within a twelve month period from the date of the first offense shall be $1,000.

(Ord. 870 § 2, 2004)

Nothing in this Title 14 is intended to prohibit or preclude the City from seeking and recovering restitution in any misdemeanor violation proceeding.

(Ord. 870 § 2, 2004)

Pursuant to California Government Code Section 36904, persons imprisoned for a misdemeanor violation under this chapter 14.110 may be required to labor on public property or public works projects within the City of Rancho Mirage.

(Ord. 870 § 2, 2004)

The prevailing party in any misdemeanor violation proceeding associated with the abatement of a public nuisance shall be entitled to recovery of attorneys§ fees incurred in any such proceeding.

(Ord. 870 § 2, 2004)