Rohnert Park Municipal Code Ch. 1.16 General Provisions

Footnotes:

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Editor's note— Ord. No. 986, § 4(Exh. A), adopted Jan. 28, 2025, repealed the former Ch. 1.16, §§ 1.16.010 and 1.16.020, and enacted a new Ch. 1.16 as set out herein. The former Ch. 1.16 pertained to general penalty, and derived from Ord. No. 680, § 1, adopted in 2002; and Ord. No. 942, § 5, adopted Jan. 28, 2020.

A. It shall be unlawful for any person to violate any provision of, or to fail to comply with any of the requirements of this code or any ordinance of the city. Any person who violates or fails to comply with any provision of this code or any city ordinance is guilty of a misdemeanor, unless the violation is specifically identified in this code as an infraction.

B. For those violations specifically identified as misdemeanors in this code, an arresting officer may choose to issue a citation for an infraction rather than a misdemeanor in any one of the following instances:

1. The violator identifies himself or herself to the arresting officer, produces government-issued identification to the arresting officer and the arresting officer is able to verify the authenticity of such identification; or

2. The violator ceases or otherwise abates the violation after receiving notice of such violation; or

3. The violator has not previously been convicted of violating the same provision of this code within two years of the currently charged violation; or

4. There is no need to book the violator.

C. Notwithstanding any other provisions of this code, any such violation constituting a misdemeanor under this code may, in the discretion of the attorney having prosecutorial functions, be charged and prosecuted as an infraction.

D. Except in cases where a different punishment is specifically prescribed elsewhere in this code, every misdemeanor offense shall be punishable by imprisonment for a period not exceeding six months, or by fine not exceeding one thousand dollars, or by both fine and imprisonment at the discretion of the court.

E. An infraction is punishable by:

1. A fine not exceeding one hundred dollars for a first violation;

2. A fine not exceeding two hundred dollars for a second violation of the same code provision within a twelve-month period;

3. A fine not exceeding five hundred dollars for each additional violation of the same code provision within a twelve-month period.

4. An offense, which would otherwise be an infraction, is a misdemeanor if a person has been convicted of three or more violations of the same code provision within a twelve-month period.

For the purpose of this subsection, a bail or bond forfeiture or plea of nolo contendere is considered a conviction of the offense charged.

F. Notwithstanding subsection E above, an infraction of any local building and safety code enacted under Title 15 of this code is punishable by:

1. A fine not exceeding one hundred thirty dollars for a first violation;

2. A fine not exceeding seven hundred dollars for a second violation of the same code provision within a twelve-month period;

3. A fine not exceeding one thousand three hundred dollars for each additional violation of the same code provision within a twelve-month period; or

4. A fine not exceeding two thousand five hundred dollars for each additional violation of the same ordinance within two years of the first violation if the property is a commercial property that has an existing building at the time of the violation and the violation is due to failure by the owner to remove visible refuse or failure to prohibit unauthorized use of the property.

5. An offense, which would otherwise be an infraction, is a misdemeanor if a person has been convicted of three or more violations of the same code provision within a twelve-month period.

For the purpose of this subsection, a bail or bond forfeiture or plea of nolo contendere is considered a conviction of the offense charged.

G. Notwithstanding subsection E above, a violation of the short-term rental regulations in Title 17 that is an infraction is punishable by the following:

1. A fine not exceeding one thousand five hundred dollars for a first violation.

2. A fine not exceeding three thousand dollars for a second violation of the same ordinance within one year.

3. A fine not exceeding five thousand dollars for each additional violation of the same ordinance within one year of the first violation.

4. For purposes of this subsection, "short-term rental" shall be defined as described in Section 17.04.030. For purposes of this subsection, the term "short-term rental" shall not include a commercially operated hotel, motel, bed and breakfast inn, or a time-share property as defined by subdivision (aa) of Section 11212 of the Business and Professions Code.

5. The fine limits set by this subsection apply only to infractions that pose a threat to public health or safety. The fines described in this subsection shall not apply to a first-time offense of failure to obtain a permit or pay a business license fee.

H. An infraction is not punishable by imprisonment. Fines for infractions shall be subject to reduction upon the submission of a hardship waiver and a showing by the responsible party that the responsible party has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible party.

I. Whenever in this code any act or omission is made unlawful, it shall include maintaining, causing, permitting, aiding or abetting any such act or omission. Each such person shall be charged with a separate offense for each and every day during any portion of which a violation of any provision of this code is committed, continued or permitted by such person, and shall, upon conviction, be punishable accordingly.

(Ord. No. 986, § 4(Exh. A), 1-28-2025; Ord. No. 991, § 4(Exh. A, § 1), 1-27-2026)

In addition to or in lieu of the remedies provided in the preceding Section 1.16.010, general penalty, the city attorney may commence an action for abatement, including, but not limited to, an injunction thereof, in the manner required by law and shall take such other steps to obtain such relief as will abate or remove a violation and restrain an enjoin any person from violating any provisions of this code, or other applicable laws and rules and regulations. All costs, including attorney's fees, for the abatement of a violation of this code which constitutes a public nuisance is assessed against any property declared to be a public nuisance and the costs, including attorney's fees, shall be collected in the manner provided for by Government Code Section 38773.5.

(Ord. No. 986, § 4(Exh. A), 1-28-2025)