Yuba City Municipal Code Ch. 2 Penalty Provisions

The Council hereby states that the goal of enactment of any ordinance is to protect people and property. Therefore, the prime objective of Code enforcement is not to punish violators but rather to prevent violations and to insure the corrections of dangerous conditions before they can cause widespread damage to people and property. City officials shall strive to obtain willing compliance; therefore, education and guidance will be the prime services which are performed. The mechanism of penalty exists, but is to be used with reason and restraint. The amount of time allowed for compliance will depend upon the severity of the situation created by the violation as judged by the City official charged with enforcement. Compliance with the provisions of this Code shall be sought in an expeditious manner.

(§ 2, Ord. 697, eff. April 16, 1975)

Except as otherwise provided in this chapter, it shall be unlawful and constitute an infraction for any person to violate or fail to comply with any provision of this Code or the provisions of any Code adopted by reference by this Code. Any person convicted of an infraction under the provisions of this Code shall be punishable by:

(a) A fine not exceeding $100 for a first violation;

(b) A fine not exceeding $200 for a second violation of the same Code provisions within one year; and

(c) A fine not exceeding $500 for each additional violation of the same Code provision within one year.

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 this Code, or the provisions of any Code adopted by reference by this Code, is committed, continued, or permitted by such person and shall be punishable accordingly.

In addition to the penalties provided by this section, any condition caused or permitted to exist in violation of any of the provisions of any Code adopted by reference by this Code, shall be deemed a public nuisance and may be such condition continues shall be regarded as a new and separate offense.

(§ 2; Ord. 697, eff. April 16, 1975; § 1, Ord. 26-92, eff. November 5, 1992)

A violation of any of the following provisions shall constitute a misdemeanor and not an infraction:

(a) Section 1-5.09 of Chapter 5 of this title relating to a person violating his or her written promise to appear in court; and

(b) Section 4-11.01 of Chapter 11 of Title 4 relating to the discharge of firearms.

Any person convicted of a misdemeanor under the provisions of this Code shall be punishable by a fund of not more than $1,000, or be imprisonment in the County Jail for a period not exceeding six months, or by both such fine and imprisonment.

(§ 2, Ord. 697, eff. April 16, 1975; § 1, Ord. 26-92, eff. November 5, 1992)

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

(§ 2, Ord. 697, eff. April 16, 1975)

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 the punishment described.

(§ 2, Ord. 697, eff. April 16, 1975.

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.

(§2, Ord. 697, eff. April 16, 1975)

Every person found guilty of violating any of the provisions of this Code determined to be a misdemeanor pursuant to the provisions of Section 1-2.03 of this chapter and sentenced to imprisonment shall

The amount of any fee, service charge, utility charge, license, or tax of any nature whatsoever imposed by any provision of this Code shall be deemed a civil debt owing to the City. An action may be commenced in the name of the City in any court of competent jurisdiction for the collection of the amount of any such delinquent or unpaid fee, service charge, utility charge, license, or tax, together with any penalties applicable thereto as prescribed by this Code. The remedy prescribed by this section shall be cumulative, and the use of an action to collect such an amount as a debt by civil action shall not bar the use of any other remedy provided by this Code or by law for the purpose of enforcing the provisions thereof.

(§ 2, Ord. 697, eff. April 16, 1975)

Persons imprisoned for the violation of the provisions of this Code may be caused to perform work upon the public grounds, roads, streets, alleys, highways, firebreaks, fire roads, riding or hiking trails, or public buildings, or in such other places as are deemed advisable, for the benefit of the public.

(§ 2, Ord. 697, eff. April 16, 1975)

Prisoners working on any such public works of the City shall be under the custody of the Police Chief and the supervision of the Public Works Director. The Public Works Director is hereby authorized and empowered to perform any and all acts necessary to carry out the provisions of Section 1-2.09 of this chapter.

(§ 2, Ord. 697, eff. April 16, 1975)

Notwithstanding any other provisions of this Code, or the provisions of any Code adopted by reference by this Code, the violation of any provisions of this Code shall be as set forth in Section 1-2.02 and Section 1-2.03 of this chapter.

(§ 2, Ord. 697, eff. April 16, 1975)