San Luis Obispo Municipal Code Ch. 1.12 General Penalty

No person shall violate, or fail to comply with, any provision or requirement of this code. (Prior code § 1200)

The violation of any provision of this code, of any ordinance of the city, or of any code adopted by reference in this code, by any person is unlawful, and is punishable either by fine as an infraction, or by fine or imprisonment, or both, as a misdemeanor. (Prior code § 1201)

Any person convicted of a misdemeanor shall be punishable by a fine of not more than one thousand dollars or by imprisonment in the county jail for a period of not exceeding one year, or by both such fine or imprisonment. (Prior code § 1202)

Any person convicted of an infraction shall be punishable for a first conviction by a fine of not more than one hundred dollars; for a second conviction within a period of one year, by a fine of not more than two hundred dollars; and for a third or any subsequent conviction within a period of one year by a fine of not more than five hundred dollars. (Ord. 1166 § 1, 1990; prior code § 1203)

Any person who violates or fails to comply with any provision or requirement of this code, any ordinance adopted by the city, or any code adopted by reference by this code, shall be guilty of a misdemeanor, unless such provision is specifically designated as constituting an infraction as provided in Sections 16, 17, and 19.8 of the Penal Code of the state, Section 36900 of the Government Code of the state, or Section 40000.1 of the Vehicle Code of the state, and as expressly specified in Section 1.12.060 of this chapter.

Any provision or requirement of this code designated as an infraction shall be prosecutable as a misdemeanor upon a third violation and each violation thereafter of the same provision by the same individual. In addition, any such provision or requirement may be prosecuted originally as a misdemeanor in the discretion of the city attorney upon a showing by the enforcing agency of the seriousness of the particular alleged violation. (Ord. 1484 § 2, 2005; prior code § 1204)

A. Wherever this code so specifies, a violation of this code shall constitute an infraction rather than a misdemeanor.

B. In addition, a violation of any of the following provisions shall constitute an infraction, and not a misdemeanor:

Chapters 3.04 and 3.08 – Tax Procedure;

Chapters 10.04 to 10.76 and 10.84 – Traffic Regulations;