Rancho Mirage Municipal Code Ch. 14.100 Infraction Violations

Any violation of the Municipal Code by a member of the public which is designated as an infraction violation under the applicable Municipal Code provision shall be deemed an infraction violation for purposes of this Title 14.

(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 an infraction 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 or authorized enforcement agent who arrests a person for an infraction violation pursuant to this chapter 14.100, shall, in lieu of taking the arrested person into custody, prepare, or cause to be prepared, in duplicate, an infraction 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 an infraction 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)

Whenever a code compliance officer or authorized agent issues a field citation to the violator, the code compliance officer or authorized agent shall cause a copy of the field citation to be filed with the court.

(Ord. 870 § 2, 2004)

Any person who is placed under arrest in accordance with this chapter 14.100 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)

Whenever a code compliance officer or authorized enforcement agent has reasonable cause to believe that an infraction violation has been committed in his or her presence and the alleged violator cannot be served with a field citation for any reason, the city attorney shall file a criminal infraction complaint against the alleged violator at the request of the Code Compliance Manager or other enforcement authority.

(Ord. 870 § 2, 2004)

Once a field citation issued by a code compliance officer or authorized agent or a criminal infraction complaint prepared by the City Attorney is filed with the court, the code compliance officer or authorized agent shall appear at any court hearing at which the officer or authorized agent is required to appear for the purpose of submitting testimony and/or other evidence to the court on the violation committed and listed in the field citation or criminal infraction complaint. The code compliance officer or authorized agent may contact the City Attorney for assistance with the infraction violation case.

(Ord. 870 § 2, 2004)

A separate offense occurs for each day an infraction violation is continued and/or maintained.

(Ord. 870 § 2, 2004)

Every Municipal Code violation determined to be an infraction is punishable by: (a) a fine in an amount not to exceed one hundred dollars for a first violation; (b) a fine in an amount not to exceed two hundred dollars for a second violation of the same provision within a twelve month period commencing on the date of the first violation; and (c) a fine in an amount not to exceed five hundred dollars for the third violation of the same provision within a twelve month period commencing on the date of the first violation. A fourth violation and subsequent violations of the same provision within a twelve month period from the date of the first violation shall be deemed a misdemeanor pursuant to Municipal Code Chapter 14.110.

(Ord. 870 § 2, 2004)

Upon conviction of any infraction violation, the convicted violator shall, for each separate offense, and in addition to any infraction penalty imposed pursuant to this chapter 14.100, 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 of 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 of the date of the first offense. The fine for a fourth and subsequent convictions of the same offense within a twelve month period of the date of the first offense shall be one thousand dollars.

(Ord. 870 § 2, 2004)

Nothing in this chapter 14.100 is intended to prohibit or preclude the City from seeking and recovering restitution in any infraction violation proceeding.

(Ord. 870 § 2, 2004)

The prevailing party in any infraction 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)