San Marino Municipal Code Art. 04 Violations

A. No person shall violate or fail to comply with any provision or requirement of this code or any other ordinance of the city. For purposes of this Chapter, “person” shall include an individual, partnership, firm, association, corporation, limited liability company or other legal entity.

B. Violation of this code or any other ordinance of the city may be prosecuted as a misdemeanor or infraction pursuant to this Article. The city may also issue a fine or administrative citation as allowed by Chapter 01, Article 06.

C. The city attorney, at the direction of the city council, may institute an action in any court of competent jurisdiction to restrain, enjoin or abate any condition found to be in violation of this Code or any approval, order, rule or regulation issued by any duly authorized officer or agent of the city in the manner provided by law.

D. The provisions of this section represent the general means and methods by which the city may secure compliance with the provisions of this Code and city approvals, permits or licenses. The city may use any available legal remedy to secure compliance and multiple enforcement remedies may be used to achieve compliance. (Ord. 096-1096, 8-14-1996; Ord. O-22-1389, 4-13-2022)

A. Any person who violates or fails to comply with any provision or requirement of this code or any other ordinance of the city shall be guilty of a misdemeanor unless such a violation or failure is designated as an infraction or is subsequently prosecuted as an infraction at the discretion of the city prosecutor, in which case, such person is guilty of an infraction.

B. Notwithstanding any other provision of this code, when a person under the age of eighteen (18) years is charged with a violation of this code, and a peace officer issues a notice to appear in superior court to that minor, the charge shall be deemed an infraction unless the minor requests that a petition be filed under section 601 or 602 of the Welfare and Institutions Code. The amount of the fine imposed shall be set by the court.

C. It shall constitute a new and separate offense for each and every day during which any portion of which a violation of, or failure to comply with, any provision or requirement of this code is committed, continued or permitted by any person and shall be punished accordingly. (Ord. 947, 11-16-1988; amd. Ord. O-22-1389, 4-13-2022)

A. Unless otherwise specifically provided in this code, any person guilty of a misdemeanor under a provision of this code shall be punished by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for a period of not more than six (6) months, or by both such a fine and imprisonment.

As prescribed in Government Code section 36900(b), any person who has committed an infraction under this code shall be punished by the following: a fine not exceeding one hundred dollars ($100) for a first violation, a fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance within one year, and a fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year of the first violation. A violation of local building and safety codes determined to be an infraction is punishable by the following: a fine not exceeding one hundred thirty dollars ($130) for a first violation, a fine not exceeding seven hundred dollars ($700) for a second violation of the same ordinance within one year, and a fine not exceeding one thousand three hundred dollars ($1,300) for each additional violation of the same ordinance within one year of the first violation.

B. As provided in section 42001 of the Vehicle Code of the state, any person who has committed an infraction for a violation of chapter XV of this code or any ordinance or code provision adopted pursuant to the Vehicle Code shall be punished by a fine not exceeding one hundred dollars ($100.00), for a second infraction occurring within one year of a prior infraction which resulted in a conviction, a fine not exceeding two hundred dollars ($200.00), and for a third or any subsequent infraction occurring within one year of two (2) or more infractions which resulted in convictions, a fine not exceeding two hundred fifty dollars ($250.00). (Ord. 947, 11-16-1988; amd. 1994 Code; Ord. O-22-1389, 4-13-2022)

Officers and employees of the police department and such other employees as designated by the city manager shall have the power, authority and immunity, as set forth in the Penal Code of the state 1 , to make arrests without a warrant whenever such officers or employees have reasonable cause to believe that the person to be arrested has committed a misdemeanor violation of an ordinance or 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. (Ord. 947, 11-16-1988; amd. Ord. O-22-1389, 4-13-2022)

In any case in which a person is arrested pursuant to this Code 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/her promise to appear, as prescribed by the Penal Code of the State 1 . (Ord. 947, 11-16-1988; amd. Ord. O-22-1389, 4-13-2022)

Any person wilfully violating his/her written promise to appear in court shall be guilty of a misdemeanor regardless of the disposition of the charge upon which he/she was originally arrested. (Ord. 947, 11-16-1988; amd. Ord. O-22-1389, 4-13-2022)

When a person signs a written promise to appear at the time and place specified in the written promise to appear and has not posted bail as provided in the State Penal Code, the magistrate shall issue and have delivered for execution a warrant for his/her arrest within twenty (20) days after his/her failure to appear as promised. If such person promises to appear before an officer, to accept bail, other than a magistrate, and fails to do so on or before the date he/she promised to appear, then, within twenty (20) days after the delivery of such written promise to appear, a request to execute a warrant for arrest shall be presented to a magistrate having jurisdiction over the offense. (Ord. 947, 11-16-1988; amd. Ord. O-22-1389, 4-13-2022)

Whenever any act or omission is prohibited by any provision of this Code, such prohibition shall be deemed also to prohibit the causing, permitting, aiding, abetting, suffering or concealing of such act or omission, and any person who shall cause, permit, aid, abet, suffer or conceal such act or omission shall be guilty of a violation of this Code and shall be punishable in accordance with such act or omission. (Ord. 947, 11-16-1988; amd. Ord. O-22-1389, 4-13-2022)

A. The occupant of any premises upon which a violation of any provision of this Code is apparent, the owner of any object or material placed or remaining anywhere in violation of any provision of this Code or the occupant of any premises served by any excavation or structure made or erected in violation of any provision of this Code shall be deemed prima facie responsible for the violation and subject to the penalties provided therefor.

B. The owner of any property, building or structure within the city has the responsibility for keeping such property, building or structure free of violations related to its use or condition. The owner of such property, building or structure is separately liable for violations committed by tenants or occupants relative to the use or condition of the property. (Ord. 947, 11-16-1988; amd. Ord. O-22-1389, 4-13-2022)

In addition to other penalties provided by law, any condition caused or permitted to exist in violation of any provision of this Code shall be deemed a public nuisance and may be summarily abated as such by the City 1 , and each day such condition continues shall constitute a new and separate offense. (Ord. 947, 11-16-1988; amd. Ord. O-22-1389, 4-13-2022)

In any action, administrative proceeding, or special proceeding brought to abate a public nuisance, the prevailing party will be entitled to recover attorneys’ fees, provided that attorneys’ fees will only be available in those actions or proceedings in which the city has provided notice at the commencement of such action or proceeding that it intends to seek and recover its own attorneys’ fees. In no action or proceeding shall an award of attorneys’ fees exceed the amount of reasonable attorneys’ fees incurred by the city in the action or proceeding. (Ord. O-22-1389, 4-13-2022)