Yuba County Municipal Code Ch. 1.25 Violations of Ordinances

(1) In this Section "violation of this Code" means any of the following:

a. Doing an act that is prohibited or made or declared unlawful, an offense, a violation, an infraction or a misdemeanor by ordinance or by rule or regulation authorized by ordinance.

b. Failure to perform an act that is required to be performed by ordinance or by rule or regulation authorized by ordinance.

c. Failure to perform an act if the failure is prohibited or is made or declared unlawful, an offense, a violation, an infraction or a misdemeanor by ordinance or by rule or regulation authorized by ordinance.

(2) In this Section "violation of this Code" does not include the failure of a County officer or County employee to perform an official duty unless it is specifically provided that the failure to perform the duty is to be punished as provided in this Section.

(3) Except as otherwise provided by law or ordinance, a person convicted of a violation of this Code that is not specifically declared to be an infraction shall be guilty of a misdemeanor punishable by fine of not more than $1,000.00, imprisonment in the County Jail for not more than six months or both.

(4) A person convicted of a violation of this Code that is an infraction shall be punished by:

a. A fine not exceeding $100.00 for a 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.

d. Notwithstanding any other provisions, a violation of local building and safety codes determined to be an infraction is punishable by:

1. A fine not exceeding $100.00 for a first violation.

2. A fine not exceeding $500.00 for a second violation of the same ordinance within one year.

3. A fine not exceeding $1,000.00 for each additional violation of the same ordinance within one year of the first violation.

(5) Except as otherwise provided by law or ordinance, with respect to violations of this Code:

a. That are continuous with respect to time, each day that the violation continues is a separate offense.

b. That are not continuous with respect to time, each act constitutes a separate offense.

(6) The imposition of a penalty does not prevent suspension or revocation of a license, permit or franchise or other administrative sanctions.

(7) Violations of this Code that are continuous with respect to time are a public nuisance and may be abated by injunctive or other equitable relief. The imposition of a penalty does not prevent injunctive relief.

(Prior Code, § 1.25.010; Ord. No. 802)

State Law reference— Penalties for ordinance violations, Government Code § 25132, Penal Code § 19.

If any section, subsection, sentence, clause, phrase, provision or portion of this Chapter, or the application thereof to any person or circumstances, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or provisions of this Chapter or their applicability to distinguishable situations or circumstances. In enacting this Chapter, it is the desire of the Board of Supervisors to validly regulate to the full measure of its legal authority in the public interest, and to that end, the Board of Supervisors declares that it would have adopted this Chapter and each section, subsection, sentence, clause, phrase, provision, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof might be declared invalid or unconstitutional in whole or in part, as applied to any particular situation or circumstances, and to this end the provisions of this Chapter are intended to be severable.

State Law reference— Similar provisions, Government Code § 23.