Chapter 1.08 — GENERAL PENALTY

A.

Any person, firm, corporation, or other responsible entity who violates any provision, restriction, or requirement of this Code or any code adopted herein by reference, shall be guilty of a misdemeanor unless:

Such requirement can only be charged as an infraction as provided in this Code;

The prosecuting attorney files a complaint charging the offense as an infraction; or

After filing of a misdemeanor complaint, the court, solely upon motion of the People, reduces the charge to an infraction.

B.

Except in cases where a different punishment is prescribed by any ordinance of the city, any person convicted of a misdemeanor for violation of an ordinance of the city is punishable by a fine not to exceed five hundred dollars, or by imprisonment not to exceed six months, or by both such fine and imprisonment.

C.

Any person convicted of an infraction for violation of an ordinance of the city 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;

A fine of five hundred dollars for each additional violation of the same ordinance within one year.

D.

Each such person 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 the city is committed, continued or permitted by any such person, and he/she shall be punishable accordingly.

(Ord. 2869 § 1, 2006; Ord. 2703 § 2 (part), 1997: Ord. 2577 § 1, 1992; Ord. 2427 § 1, 1988; Ord. 2415 § 1, 1987; amended during 1984 codification; prior code § 1200)

(Ord. No. 3057, § 1, 10-8-16; Ord. No. 3112, § 2, 2-25-20)

A.

In addition to those violations of this code that are deemed infractions, violations of the following enumerated sections of this code may be deemed to be an infraction and may be punished as such, notwithstanding the fact that, at the discretion of the city attorney, the violation of any section contained in this subsection may be filed as a misdemeanor. The complaint charging such violation shall specify whether the violation is a misdemeanor or an infraction.

Section 5.04.180, conducting a business without a license;

Section 8.12.170, accumulations of trash and debris;

Section 9.08.010, discharge of offensive material in public places;

Reserved;

Section 18.10.030(A)(2), front yard parking;

Section 18.10.030(A)(3), auto dismantling;

Section 18.10.030(B), storage of boat and/or trailer, and/or vehicles;

Section 18.76.040(B), temporary signs;

Section 18.70.100, portable signs;

Section 18.10.020(G), garage sales;

Section 8.08.024(A) through (H), substandard property conditions;

Section 8.32.030, general noise regulations;

Section 8.12.135(A) through (G), infractions;

Section 8.32.060(B), exterior noise limits;

Section 8.32.070, interior noise standards;

Section 8.32.080, noise disturbance, subsections (A), (B), (C), (D), (F), (H), (I), (J), (K), (L), and (M);

Section 8.32.090, residential air conditioning;

Section 18.76.019, Uptown Whittier Specific Plan. Only the signs permitted in the Uptown Whittier Specific Plan adopted by Resolution 5910, as amended from time to time, shall be permitted on lots within the Uptown Whittier Specific Plan;

Section 10.64.040, improper use of benches, public structures and landscaped areas;

Section 12.42.030, camping in public areas prohibited;

Section 12.42.040, unlawful camping—Use of vehicles for dwelling prohibited on city streets;

Section 12.42.050, storage of personal property in public areas;

Section 12.42.080, ban on erection of tents;

Section 12.42.090, ban on attachments to public and private property;

Section 12.42.110, unlawful conduct.

B.

Except as set forth in subsection C, of this section, the fine schedule for the above violations of this code is established as follows:

A fine of twenty-five dollars for a first violation;

A fine of fifty dollars for a second violation of the same ordinance within one year; or

A fine of one hundred dollars for each additional violation of the same ordinance within one year.

C.

The fine schedule for violations of Sections 8.32.060, 8.32.080(E), 8.32.080(F), 8.32.080(G), 8.32.080(I), 8.32.080 and 8.32.080(E), of this code is established as follows:

A fine of two-hundred and fifty dollars for a first violation;

A fine of five-hundred dollars for a second violation of the same ordinance within one year; or

A fine of one thousand dollars for each additional violation of the same ordinance within one year.

(Ord. 2869 §§ 2—4, 2006: Ord. 2758 § 16, 1999; Ord. 2754 § 4, 1999; Ord. 2747 §§ 3—5, 1999; Ord. 2703 § 2 (part), 1997)

(Ord. No. 3007, § 2, 8-13-13; Ord. No. 3106, § 2, 10-8-19; Ord. No. 3128, § 3, 7-13-21; Ord. No. 3129, § 3, 7-27-21)

A.

Performing Labor on Public Works. Persons confined in the city jail under a final judgment of imprisonment rendered in a criminal action or proceeding may be required to perform labor on the public streets or other public property or works within the city under the direction of the chief of police. The phrase "streets or other public property or works within the city" as used in this section includes, among other things, clerical and menial labor in the city jail for labor thereat as directed by the chief of police.

B.

Escape. Any prisoner performing labor as directed in subsection A of this section who escapes while so laboring or while going to or returning from such labor shall be guilty of a misdemeanor.

(Ord. 2703 § 2 (part), 1997: prior code § 1201)

A.

Any officer arresting a person for a violation of any provision of this code who does not immediately take such 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, among other things, the following:

The name and address of the person arrested;

The offense charged and the time and place of the alleged violation;

When and where the arrested person shall appear in court.

The time specified in the notice to appear must be at least ten days after the arrest. The place specified in the notice to appear shall be in conformity with Section 853.6 of the California Penal Code.

B.

The arresting officer shall deliver one copy of the notice to appear to the alleged violator and the alleged violator, in order to secure his/her release, must give his/her written promise to so appear in court at the time and place indicated on the notice to appear, by signing the duplicate notice which shall be retained by the arresting officer. Thereafter, the arresting officer shall forthwith release from custody the person so arrested. The duplicate copy of the notice to appear shall be filed in the manner prescribed in Section 853.6 of the California Penal Code.

C.

Any person who willfully violates his/her written promise to appear in court by failing to so appear at the time and place stated shall be deemed guilty of a misdemeanor regardless of the disposition of the charge upon which he/she was originally arrested.

D.

When a person signs a written promise to appear at the time and place specified therein, as provided in this section, and has not posted bail as provided in Section 853.6 of the California Penal Code, the magistrate shall issue and have delivered for execution a warrant for his/her arrest within twenty days after the person has failed to appear as promised; or, if the arrested 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 on which he/she promised to appear, then within twenty days after the delivery of the written promise to appear by the officer to the magistrate having jurisdiction over the offense, the magistrate shall issue and have delivered for execution a warrant for his/her arrest. When the person violates his/her 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.

E.

A warrant shall not issue on the charge for the arrest of a person pursuant to the provisions of this section who has given such written promise to appear in court, unless and until the person has violated the promise, or who has failed to deposit bail, to appear for arraignment, trial or a judgment.

(Ord. 2703 § 2 (part), 1997: Ord. 2577 §§ 2—4, 1992; prior code § 1202)

(Ord. No. 3112, § 2, 2-25-20; Ord. No. 3120, § 1, 7-28-20)

City personnel as designated by the city manager shall have the authority to issue citations for violations of this code as to which the city council has declared to be infractions.

(Ord. 2703 § 2 (part), 1997: Ord. 2426 § 1, 1988)