South El Monte Municipal Code Ch. 1.16 General Penalty

A. In General. No person shall violate any provision, or shall fail to comply with any requirement, of this Code. Violations of, and failures to comply with, this code are punishable as set forth in this section. Each person violating any provision, or failing to comply with any requirement of this Code, is guilty of a misdemeanor unless such a violation is designated as an infraction or subsequently prosecuted as an infraction, in which case such person is guilty of an infraction. Any violation of, or failure to comply with, any provision of this Code may be prosecuted as a misdemeanor, as an infraction or through the administrative penalty procedure in the discretion of the city prosecutor. Each person shall be guilty of a separate offense for each and every violation and 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. Misdemeanor. Each 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.

C. Infraction. Each person convicted of an infraction under the provisions of this Code, or the provisions of any Code adopted by reference by this Code, 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. Notwithstanding the preceding, any person who violates, or fails to comply with, any requirement of this Code three times within a twelve-month period shall be guilty of a misdemeanor for each subsequent violation of such provision within that period.

D. Administrative Penalty. Each person assessed an administrative penalty under the provisions of this Code shall be assessed in accordance with the administrative penalty schedule established by city council resolution. Each person who is assessed with an administrative penalty for a particular offense three times within a twelve-month period shall be guilty of a misdemeanor for each subsequent offense within that period.

E. Public Nuisance. In addition to the penalties provided in this section, any condition caused or permitted to exist in violation of any provision of this Code shall constitute a public nuisance and may be abated as such.

F. Notwithstanding any provision of this Code, when a person under the age of eighteen 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 Sections 601 and 602 of the Welfare and Institutions Code. The amount of the fine imposed shall be set by the court.

(Prior code §§5-40-9, 1-2.01; Ord. 700 §1, 1983; Ord. 719 §1, 1984; Ord. 751 §1, 1985; Ord. 800 §5, 1987; Ord. 938 §1, 1993; Ord. 979 §1, 1996; Ord. 1136 §3, 2010; Ord. 1267 §4, 2023)

Any person in default of payment of any fine imposed shall be imprisoned in the city or County Jail for a period of one day for each two dollars of the fine; provided, that the term shall not exceed the term for which the defendant might be sentenced to imprisonment or the offense of which he or she has been convicted.

(Prior code §1-4-2)

A. Any person imprisoned under the provisions of this chapter may be put to work for the benefit of the city for the term of his or her imprisonment.

B. No female prisoner shall be required to work in public, nor shall any prisoner be required to work on Sunday.

(Prior code §1-4-3)

When a person is convicted of a violation of any section of this City Code any license previously issued to him or her by the city may be revoked by the court or by the governing body.

(Prior code §1-4-4)

No provision of this City Code designating the duties of any officer or employee shall be so construed as to make such officer or employee liable for any fine or penalty provided for a failure to perform such duty, unless the intention of the governing body to impose such fine or penalty on such officer or employee is specifically and clearly expressed in the section creating the duty.

(Prior code §1-4-6)