Chapter 1.08 — PENALTY PROVISIONS

(a)

Violations a Misdemeanor. No person shall violate any provisions, or fail to comply with any of the mandatory requirements of this code. Except as provided in Section 1.08.010(b) of this code, any person violating any of the provisions or failing to comply with any of the mandatory requirements of this code, shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the provisions of this code shall, except as otherwise specified herein, be punished by a fine of not more than five hundred dollars ($500.00), or by imprisonment in the County jail for a period not exceeding six months, or by both such fine and imprisonment.

(b)

Penalties for Parking Violations. Fines in the amounts set forth in the following schedule of penalties for parking violations and late payments shall be imposed for the parking violations contained in Title 7 of this code:

a.

Chapter 7.24. Except as otherwise specified in this code, for any parking violation set forth in Chapter 7.24 ("Time-Limited Parking Zones") of this code, a penalty of $25.00 shall be imposed.

b.

Chapter 7.28. Except as otherwise specified in this code, for any parking violation set forth in Chapter 7.28 ("Miscellaneous Parking Regulations") of this code, a penalty of $30.00 shall be imposed.

c.

Chapter 7.32. Except as otherwise specified in this code, for any parking violation set forth in Chapter 7.32 ("No Parking Zones") of this code, a penalty of $25.00 shall be imposed.

d.

Chapter 7.34. Except as otherwise specified in this code, for any parking violation set forth in Chapter 7.34 ("No Parking and Tow-Away Zones") of this code, a penalty of $30.00 shall be imposed.

e.

Chapter 7.36. Except as otherwise specified in this code, for any parking violation set forth in Chapter 7.36 ("Angle Parking") of this code, a penalty of $35.00 shall be imposed.

f.

Chapter 7.40. Except as otherwise specified in this code, for any parking violation set forth in Chapter 7.40 ("Parallel Parking") of this code, a penalty of $25.00 shall be imposed.

g.

Chapter 7.44. Except as otherwise specified in this code, for any parking violation set forth in Chapter 7.44 ("Disabled Parking) of this code, a penalty of $325.00 shall be imposed.

h.

Section 7.60.160. Except as otherwise specified in this code, for any parking violation set forth in Section

i.

Sections 7.28.100, 7.28.110 and 7.28.160. Except as otherwise specified in this code, for any parking violation set forth in Section 7.28.100, 7.28.110, or 7.28.160 of Chapter 7.28 ("Miscellaneous Parking Regulations") of this code, a penalty of $50.00 shall be imposed.

j.

Fire Lanes. Except as otherwise specified in this code, for any parking violation set forth in section 22500.1 of the California Vehicle Code relating to parking in marked fire lanes, a penalty of $30.00 shall be imposed.

k.

Fire Hydrants. Except as otherwise specified in this code, for any parking violation set forth in section 22514 of the California Vehicle Code relating to parking within 15 feet of a fire hydrant, a penalty of $30.00 shall be imposed.

l.

Bicycle Lanes. Except as otherwise specified in this code, for any parking violation set forth in section 21211 of the California Vehicle Code relating to parking within bikeways or paths, a penalty of $40.00 shall be imposed.

m.

Freeways. Except as otherwise specified in this code, for any parking violation set forth in section 21718 of the California Vehicle Code relating to parking on freeways, a penalty of $40.00 shall be imposed.

n.

Highways in Unincorporated Areas. Except as otherwise specified in this code, for any parking violation set forth in section 22504 of the California Vehicle Code relating to parking upon the highways in unincorporated areas, a penalty of $40.00 shall be imposed.

o.

Payment Within 21 Calendar Days. Payment of the penalties for parking violations provided for in this code shall be made within 21 calendar days of the date that the notice of violation is served pursuant to section 40202 of the California Vehicle Code. If a penalty imposed pursuant to this code is not paid within 21 calendar days after the notice of violation is served, a late payment penalty of $42.00 shall be imposed."

p.

Returned Checks/Insufficient Funds. In the event that a check used to pay any penalty or penalties for parking violations under this code is returned for insufficient funds, a fee of $25.00 shall be imposed.

(Prior code § 1200; Ord. 1186, 10/23/56: Ord. 4195, 10/21/03)

(a)

Notice to Appear. If any person is arrested for the violation of any provision of this code or failing to comply with any of the mandatory requirements of this code, and such a person is not immediately taken before a magistrate as prescribed in the State Penal Code, the arresting officer shall prepare in duplicate a written notice to appear in court, containing the name and address of such person, the offense charged, and the time and place where and when such person shall appear in court.

(b)

Violation of Promise to Appear. Any person willfully violating his written promise to appear in court is guilty of a misdemeanor regardless of the disposition of the charge upon which he was originally arrested.

(c)

Warrant for Arrest. 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 section 853.1 of the State Penal Code, the magistrate shall issue and have delivered for execution a warrant for his arrest within twenty days after his failure to appear as promised, or if such person promises to appear before an officer authorized to accept bail, other than a magistrate, and fails to do so on or before the date which he promises to appear, then within twenty days after the delivery of such written promise to appear by the officer to a magistrate having jurisdiction over the offense.

(Prior code § 1200.5; Ord. 1677, 10/27/64)

Each person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this code is committed, continued, or permitted by such person and shall be punishable accordingly.

(Prior code § 1201; Ord. 1186, 10/23/56)

In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of the provisions of this code is hereby declared to be a public nuisance. Each day such existence continues shall be regarded as a new and separate public nuisance.

(Prior code § 1202; Ord. 1186, 10/23/56; Ord. 2830, 06/07/83)

The violation of any administrative provisions of this code by any officer or employee of the County shall not be a misdemeanor under this code. Such violations may be deemed a failure to perform the duties

under, or observe the rules and regulations of the department, office or board within the meaning of the Civil Service Ordinances and rules and regulations of the County and may be grounds for dismissal.

(Prior code § 1203; Ord. 1186, 10/23/56)