San Fernando Municipal Code Art. II General Penalties

Footnotes:

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Note— See the editor's note to art. I.

(a) No person shall violate or fail to comply with any provision or requirement of this Code or any other city ordinance. Any person who shall violate or fail to comply with any provision or requirement of this Code or any other city ordinance, or a condition of any permit issued pursuant to this Code or any other city ordinance, shall be guilty of a misdemeanor, unless (1) such a violation or failure is designated as an infraction or is subsequently prosecuted as an infraction, in which case such person is guilty of an infraction; or (2) such a violation or failure is prosecuted as a civil administrative action pursuant to this chapter. Any person who fails to pay an administrative fine or to comply with an administrative order is guilty of a misdemeanor as provided in this chapter.

(b) Any violation of any provision of this Code or any other city ordinance may be prosecuted as a misdemeanor, as an infraction, or as a civil administrative action in the discretion of the city attorney or city prosecutor.

(c) Every day any violation of this Code or any other city ordinance shall continue shall constitute a separate offense.

(d) Unless otherwise specifically provided in this Code or by the city council, any person guilty of a misdemeanor under a provision of this Code shall be punished by a fine of not more than $1,000.00, or by imprisonment for a period of not more than six months, or by both such fine and imprisonment.

(e) Unless otherwise provided by city council, as prescribed by state law, any person who has committed an infraction shall be punished for a first violation by a fine not exceeding $100.00, and for committing the same offense a second time within one year by a fine not exceeding $200.00, and for committing the same offense a third or any subsequent time within one year, by a fine not exceeding $500.00.

(Ord. No. 1537, § 5, 10-21-2002)

Whenever any person is arrested for any violation of this Code, the arrested person shall be taken without unnecessary delay before a magistrate who has jurisdiction of the offense and is nearest or most accessible with reference to the place where the arrest is made when the person arrested:

(1) Fails to present his driver's license or other satisfactory evidence of his identity for examination.

(2) Refuses to give his written promise to appear in court.

(3) Demands an immediate appearance before a magistrate.

(Ord. No. 1537, § 5, 10-21-2002)

(a) Pursuant to the provisions of state law, the city officers or employees designated by the city administrative officer may issue citations and make arrests without a warrant whenever they have reasonable cause to believe that the person who is either arrested or to whom a citation is issued has committed an infraction or misdemeanor violation of this Code, or violation of any condition of any permit issued pursuant to this Code or violation of any other city ordinance or state statute which such officers or employees have the duty to enforce, and the violation has been committed in the presence of such officers or employees.

(b) Arrests for misdemeanors and citations for infractions shall be processed, issued and handled as provided by state law.

(c) In any case in which a person is arrested pursuant to this authority and the person arrested does not demand to be taken before a magistrate, the officer or employee making the arrest shall prepare a written notice to appear and release the person on his promise to appear, as prescribed by Penal Code, ch. 5(c), commencing with § 853.5.

(d) The officers and employees identified in subsection (a) of this section shall have the concurrent authority to issue administrative citations, as well as any other persons designated to do so by the city administrator.

(Ord. No. 1537, § 5, 10-21-2002)