Ventura Municipal Code Ch. 1.150 Criminal Penalties

No person shall violate any provision or fail to comply with any of the requirements of the San Buenaventura Municipal Code. Each and every violation of any provision of this code is a misdemeanor unless otherwise provided. Every 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. In addition to the penalties herein provided, any condition caused or permitted to exist in violation of any of the provisions of this code shall be deemed a public nuisance and may be abated by the city, either summarily or otherwise as appropriate under law, at the expense of the person or persons creating, causing, committing or maintaining it and such expense shall be a lien against the property on which the nuisance is maintained and shall be a personal obligation against the owner of such property. (Code 1971, § 13)

Any person convicted of a misdemeanor, the penalty for which is not otherwise prescribed, shall be punished by a fine of not more than $1,000 or by imprisonment for not more than six months, or by both such fine and imprisonment. (Code 1971, § 13.1)

A. Notwithstanding the provisions of Section 1.150.020 or any other provision of this code, the violation of any of the provisions of the San Buenaventura Municipal Code contained in any of the following enumerated titles, chapters, articles or sections shall be an infraction; provided, however, that a fourth or additional violation of the same code section, regardless of the time of occurrence, shall constitute a misdemeanor: Chapter 8.50 and Section 22.170.010.

B. Notwithstanding any other provision of this code, a violation of any provision, requirement or prohibition of the following San Buenaventura Municipal Code sections is hereby made an infraction: 16.210.020; 16.210.030 (second paragraph); 16.210.040(A), (B), (C) and (D); 16.210.050(A) and (B); 16.210.060(B), (C), (D)(2), (E)(2), (F), (G), (H), (I) and (J); 16.210.070(B) and (C); 16.215.030(A), (B), (C), (D) and (E); 16.215.050(A) and (B); 16.215.060(C); 16.215.070 (second paragraph); 16.220.010(B)(1)(d); 16.220.020; 16.220.030; 16.220.040; 16.220.050(B)(1), (2), (3), (4) and (C); 16.225.030(B), (C), (D), (F) and (G); all sections within Chapter 8.350.

C. Notwithstanding any other provision of this code, any violation constituting a misdemeanor under this code may, in the discretion of the city attorney, where deemed to be in the interest of justice, be charged and prosecuted as an infraction. (Code 1971, § 13.2; Ord. No. 2004-005, § 2, 4-5-04; Ord. No. 2005-007, § 1, 10-10-05)

Each and every violation of a provision of this code which is an infraction is punishable by:

A. A fine not exceeding $100.00 for the first violation;

B. A fine not exceeding $200.00 for a second violation of the same provision within one year;

C. A fine not exceeding $500.00 for each additional violation of the same provision within one year of the first violation. (Code 1971, § 13.3)

Whenever this code makes any act or omission unlawful it shall include causing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission. (Code 1971, § 13.4)

A. Code Enforcement Responsibilities. The police department, fire department, utilities division, business license office, building official, and other designated persons shall be responsible for enforcement of the various provisions of this code under their respective authority or as is specifically assigned to them by the city manager or council. Officials and employees designated to enforce provisions of this code shall have authority to arrest persons pursuant to Penal Code Section 836.5 for purposes of issuing citations for violations of provisions of this code. Notwithstanding the foregoing, police officers have full authority to arrest persons for violations of the provisions of this code pursuant to any applicable provision of the Penal Code.

B. Citation Procedure for Violations.

1. 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 Penal Code of the state, shall prepare in duplicate a written notice to appear in court. The notice shall contain:

a. The name and address of the person arrested;

b. The offense charged, the time and place of the alleged violation;

c. Where and when such person shall appear in court.

The time specified in the notice for appearance must be at least 10 days after such arrest. The place specified in the notice to appear and the notice shall be in conformity with the applicable provisions of the Penal Code of the state.

2. The arresting city officer or employee shall deliver one copy of the notice to appear to the alleged violator; the alleged violator in order to secure their immediate release must give their written promise to so appear in court at the time and place indicated on the notice by signing the duplicate notice, which signed copy shall be retained by the city officer or employee. Thereafter, the arresting city officer and employee shall release forthwith from custody the person so arrested. The duplicate copy of the notice to appear shall be filed in the manner prescribed in the Penal Code of the state.

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

D. Warrant for Arrest Upon Failure to Appear. When a person signs a written promise to appear at the time and place specified therein, and has not posted bail as provided in the Penal Code of the state, the magistrate shall issue and have delivered for execution a warrant for the person’s arrest within 20 days after such person has failed 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 the person promised to appear, then within 20 days after delivery of such written promise to appear by the officer to the magistrate having jurisdiction over the offense, such magistrate shall issue and have delivered for execution a warrant for the person’s arrest. When such person violates their promise to appear before an officer authorized to receive bail other than a magistrate, the officer shall immediately deliver to the magistrate having jurisdiction over the offense charged the written promise to appear and the complaint, if any, filed by the arresting officer or employee. (Code 1971, § 13.5)

The city council, from time to time, may by resolution establish procedures and fees for the recovery of costs incurred by the city in enforcing the city of San Buenaventura Municipal Code. (Code 1971, § 13.6)