Article 3-05

CRIMINAL ENFORCEMENT

Sections:

(a) It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this Code, or any other ordinance of the City, or any rule, regulation or order promulgated or issued pursuant to this Code, or the provisions of any code adopted by reference by this Code, or any condition of an approval, permit or license granted pursuant to this Code. Any person violating any of such provisions or failing to comply with any of such requirements shall be guilty of a misdemeanor or an infraction if so specified. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation is committed, continued, or permitted by such person, and shall be punishable accordingly.

(b) Notwithstanding subsection (a) of this Section or any other provision of this Code, any violation constituting a misdemeanor may, in the discretion of the enforcing authority be charged and prosecuted as an infraction.

(c) Where no specific penalty is provided therefore, any person convicted of a misdemeanor under the provisions of this Code shall be punishable by a fine of not more than one thousand dollars, or by imprisonment in the County Jail for a period not exceeding six months, or by both such fine and imprisonment.

(d) Any person convicted of an infraction under the provisions of this Code, excluding violations of local building and safety code provisions in Chapter 16, Articles 16-05 through 16-50, shall be punishable for a first conviction by a fine of not more than one hundred

dollars, for a second conviction of the same ordinance within a period of one year by a fine of not more than two hundred dollars, and for a third or any subsequent conviction of the same ordinance within a period of one year by a fine of not more than five hundred dollars.

(e) Any person convicted of an infraction under the local building and safety code provisions of Chapter 16, Articles 16-05 through 16-50 of this Code, shall be punishable for a first conviction by a fine of not more than one hundred dollars, for a second conviction of the same ordinance within a period of one year by a fine of not more than five hundred dollars, and for a third or any subsequent conviction of the same ordinance within a period of one year by a fine of not more than one thousand dollars.

rticles 16-05 through 16-50 of this Code, shall be punishable for a first conviction by a fine of not more than one hundred dollars, for a second conviction of the same ordinance within a period of one year by a fine of not more than five hundred dollars, and for a third or any subsequent conviction of the same ordinance within a period of one year by a fine of not more than one thousand dollars.

(f) In addition to the penalties provided by this Section, any condition caused or permitted to exist in violation of any of the provisions of this Code, or any other ordinance of the City, or any rule, regulation or order promulgated or issued pursuant to this Code, or the provisions of any code adopted by reference by this Code, or in violation of any condition of an approval, permit or license granted pursuant to this Code, shall be deemed a public nuisance and may be abated by the City in a summary action pursuant to Article 3-10, Article 3-15 or Article 3-20 of this Chapter, or any civil action, and each day such condition continues shall be a new and separate offense. (Amended by Ord. 71-129 § 1, 1993; Ord. 71-141 § 1, 1994; Ord. 235 § 1, 2005) (Ord. No. 342, § 1(Att. A, § 1), 10-19-2016)

Whenever in this Code any act or omission is made unlawful, it shall include causing, permitting, aiding, abetting, suffering or concealing such act or omission.

The provisions of this Code which declare certain crimes to be punishable as therein mentioned devolve a duty upon the court authorized to pass sentence to determine and impose a punishment described.

Whenever in this Code the punishment for a crime is left undetermined between certain limits, the punishment to be inflicted in a particular case shall be determined by the court authorized to pass sentence, within such limits as may be prescribed by this Code.

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(Saratoga Supp. No. 57, 1-26)

3-05.050

Every person found guilty of violating any of the provisions of this Code and sentenced to imprisonment shall be imprisoned in the County Jail.

Every officer and employee of the City having any duty to enforce any of the provisions of this Code or any other ordinance of the City, or any rule, regulation or order promulgated or issued pursuant to this Code, or the provisions of any code adopted by reference by this Code, is hereby authorized, pursuant to Section 836.5 of the Penal Code, to arrest a person without a warrant whenever any such officer or employee has reasonable cause to believe that the person to be arrested has committed a misdemeanor or infraction in the presence of such officer or employee which is a violation of a provision of this Code, or any other ordinance of the City, or any rule, regulation or order promulgated or issued pursuant to this Code, or the provisions of any code adopted by reference by this Code, which such officer or employee has the duty to enforce.

employee. Thereupon the arresting officer or employee shall release the person arrested from custody. The arresting officer or employee shall, as soon as practicable, file the duplicate notice with the magistrate specified in such notice.

(Ord. No. 342, § 1(Att. A, § 1), 10-19-2016)

Upon any guilty plea or judgment of conviction in any criminal proceeding brought for the violation of any provision of this Code, or any other ordinance of the City, or any rule, regulation or order promulgated or issued pursuant to this Code, or the provisions of any code adopted by reference by this Code, wherein the City has or will incur costs and expenses in removing or abating a nuisance caused, committed or maintained by the defendant as a result of such violation for which the defendant is prosecuted, if the defendant is otherwise entitled by law to probation, then the court may require the payment to the City of such costs and expenses as one of the conditions of such probation.

Editor’s note— Ord. No. 413, § 1(Exh. A, § 4), adopted November 5, 2025, repealed § 3-05.070, which pertained to enforcement officers and derived from Ord. No. 342, § 1(Att. A, § 1), October 19, 2016.

If any person is arrested for a violation of any provision of this Code, or any other ordinance of the City, or any rule, regulation or order promulgated or issued pursuant to this Code, or the provisions of any code adopted by reference by this Code, and such person is not immediately taken before a magistrate as prescribed by the Penal Code, the arresting officer or employee shall prepare in duplicate a written notice to appear in court, containing the name and address of such person arrested, and the offense charged. If the violation is designated as a misdemeanor, the notice shall also specify the time and place where the arrested person shall appear in court, which shall be a date at least ten calendar days after the date of arrest. The arresting officer or employee shall deliver one copy of the notice to the arrested person, and the arrested person, in order to secure release, must give his written promise to appear in court by signing the duplicate notice which shall be retained by the arresting officer or

32

(Saratoga Supp. No. 57, 1-26)

3-10.010