Santa Paula Municipal Code Ch. 13 General Penalties

(A) It is unlawful for any person to violate, or fail to comply with, any provision of the Santa Paula Municipal Code. Each and every violation of any part of this code including, without limitation, any franchise or permit issued pursuant to this code, is a misdemeanor unless otherwise specified.

(B) Every person violating the code is 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 the person.

(C) In addition to these criminal penalties, any condition caused or permitted to exist in violation of any of the provisions of this code is a public nuisance and may be abated in accordance with this code.

(Ord. 1085, passed 12-1-03)

Persons convicted of a misdemeanor, the penalty for which is not otherwise prescribed, will be punished by a fine not to exceed more than $1,000; by imprisonment for not more than six months; or by both a fine and imprisonment for each violation of this code.

(Ord. 1085, passed 12-1-03)

Each infraction is punishable as follows:

(A) A fine not exceeding $100 for the first violation;

(B) A fine not exceeding $200 for a second violation of the same provision within one year;

(C) A fine not exceeding $500 for each additional violation of the same provision within one year of the first violation.

(Ord. 1085, passed 12-1-03)

(A) Authorization. The Police Department, Fire Department, Utilities Division, Building Official, and other persons designated by the City Manager are authorized to enforce the various provisions of this code under their respective authority or as is specifically assigned to them by the City Manager or Council.

(B) Powers of arrest. Officials and employees designated to enforce provision of this code have authority to arrest persons pursuant to Cal. Penal Code § 836.5 for purposes of issuing citations for violations of provisions of this code. Police officers have full authority to arrest persons for violations of the provision of this code pursuant to any applicable provision of the California Penal Code.

(Ord. 1085, passed 12-1-03)

(A) Any city officer or employee arresting any person for a violation of any provision of this code, who does not immediately take such arrested person before a magistrate, as prescribed in the California Penal Code of the state, must prepare in duplicate a written notice to appear in court.

(B) The notice must contain:

(1) The name and address of the person arrested;

(2) The offense charged, the time and place of the alleged violation;

(3) Where and when such person must appear in court. The time specified in the notice for appearance must be at least ten days after the arrest. The place specified in the notice to appear and the notice must conform with all applicable provisions of the California Penal Code.

(4) The arresting city officer or employee must deliver one copy of the notice to appear to the alleged violator. In order to secure immediate release, the violator must give a written promise to appear in court at the time and place indicated on the notice by signing the duplicate notice. That signed copy must be retained by the city officer or employee. Thereafter, the arresting city officer and employee must release the alleged violator from custody. The duplicate copy of the notice to appear must be filed in the manner prescribed in the California Penal Code.

(Ord. 1085, passed 12-1-03)

Any person who willfully violates a written promise to appear in court by failing to appear at the time and place stated is guilty of a misdemeanor regardless of the disposition of the charge upon which the person was originally arrested.

(Ord. 1085, passed 12-1-03)

(A) In addition to any other general functions, powers, and duties given to the City Attorney by this code or California law, the City Attorney will:

(1) Prosecute on behalf of the people all criminal and civil cases for violations of this code; any franchises or permits issued pursuant to this code; city ordinances; and any state misdemeanors that the City Council elects to enforce.

(2) Draft complaints for such cases and prosecute all recognizances and bail bonds forfeited arising from or resulting from the commission of such offenses.

(3) Prosecute all actions for the recovery of fines, penalties, forfeitures, and other money accruing to the city under this code or otherwise.

(4) Represent the city in all appeals arising as a consequence of the City Attorney's prosecutions.

(B) Notwithstanding any other provision of this code, the City Attorney is the only officer that may file misdemeanor charges in accordance with this code. The City Attorney may, in his or her discretion, prosecute misdemeanor violations of this code as infractions.

(C) Nothing contained in this section will interfere with the authority of public safety officials to arrest persons pursuant to any applicable provision of this code and/or the California Penal Code.

(Ord. 1085, passed 12-1-03; Am. Ord. 1231, passed 9-7-10)