Weed Municipal Code Ch. 1.20 General Penalty

Footnotes:

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For statutory provisions authorizing cities to impose fines up to five hundred dollars or imprisonment up to six months, or both such fine and imprisonment, see Gov. Code §36901; for provisions authorizing the reduction of city ordinance violations to infractions, see Gov. Code §36900.

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, unless the violation is made an infraction by ordinance.

(Ord. 156-78 §1(a), 1978).

Each person described in Section 1.20.010 shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of this code is committed, continued or permitted by any such person, and he shall be punishable accordingly.

(Ord. 156-78 §1(d), 1978).

Except in cases where a different punishment is prescribed by this code, any person convicted of a misdemeanor for violation of this code is punishable by a fine of not more than one thousand dollars, or by imprisonment not to exceed six months, or by both such fine and imprisonment.

(Ord. 156-78 §1(b), 1978).

(Ord. No. 472-2023, § 2, 2-8-2024)

Any person convicted of an infraction for a violation of this code is punishable by a fine not exceeding one hundred dollars for a first violation; a fine not exceeding two hundred dollars for a second violation of the same ordinance within one year; or a fine not exceeding five hundred dollars for each additional violation of the same ordinance within one year. Notwithstanding the foregoing, a violation of local building and safety codes shall be punishable by a fine not exceeding one hundred thirty dollars for a first violation, seven hundred dollars for a second violation within one year, one thousand three hundred dollars for a third or subsequent violation within one year; and a fine not exceeding two thousand five hundred dollars for each additional violation of the same ordinance within two years of the first violation if the property is a commercial property that has an existing building at the time of the violation and the violation is due to failure by the owner to remove visible refuse or failure to prohibit unauthorized use of the property.

(Ord. 156-78 §1(b), 1978).

(Ord. No. 472-2023, § 3, 2-8-2024)

A. Wherever an ordinance of the city currently provides that violation of which shall be punishable as a misdemeanor, the same shall hereafter instead be prosecuted and punished as an infraction, unless the city attorney of the city determines that the violation should instead be prosecuted and punished as a misdemeanor and files the appropriate complaint and other papers with the court. The city attorney or his or her designee shall represent the city and the people of the state of California in all such misdemeanor proceedings.

B. A person accused of violating a city ordinance shall be cited to appear therefor in the manner specified for infractions unless the city's arresting officer determines that arrest is necessary or appropriate.

C. The maximum punishment for violation of an ordinance of the city which is prosecuted as an infraction shall be as provided at the time of the violation in section 36900 of the California government code. Violations of ordinances which are to be punishable as misdemeanors shall be as is then provided by California Penal Code Section 19.

D. All provisions in the municipal code of the city which are inconsistent with this ordinance are hereby repealed, and the provisions of subsections A, B, and C, above, are adopted in their place.

(Ord. No. 411-2013, §§ 1—4, 5-9-2013)