§ 1.04.010  PENALTIES AND GENERAL PROVISIONS.
   A.     No person shall violate or fail to comply with any provision or requirement of this code or any other city ordinance.  Any person who shall violate or fail to comply with any provision or requirement of this code or any other city ordinance, or a condition of any permit issued pursuant to this code or any other city ordinance, shall be guilty of a misdemeanor, unless (1) such a violation or failure is designated as an infraction or is subsequently prosecuted as an infraction, in which case such person shall be guilty of an infraction; or (2) such a violation or failure is prosecuted as a civil administrative action pursuant to this chapter.  Any person, business, organization, corporation or other entity that fails to pay an administrative fine or to comply with an administrative order is guilty of a misdemeanor as provided in this chapter.
   B.   Any violation of any provision of this code or any other city ordinance may be prosecuted as a misdemeanor unless otherwise provided in the code, as an infraction, or as a civil administrative action in the discretion of the City Attorney or City Prosecutor.
   C.   Every day any violation of this code or any other city ordinance shall constitute a separate offense.
   D.   Unless otherwise specifically provided in this code or by the City Council, any person guilty of a misdemeanor for violation of a provision of this code shall be punished by a fine of not more than one thousand dollars ($1,000), or by imprisonment for a period of not more than six (6) months, or by both such fine and imprisonment.
   E.   1.   Unless otherwise provided by law, any person who has committed an infraction shall be punished for a first violation by a fine not exceeding one hundred dollars ($100), and for committing the same offense a second time within one (1) year by a fine not exceeding two hundred dollars ($200), and for committing the same offense a third or any subsequent time within one (1) year, by a fine not exceeding five hundred dollars ($500).
      2.   Notwithstanding the foregoing, any person who has been convicted of violating any provision of a Building and Safety Code of the city, or failing to comply with any of the requirements thereof, where such violation or failure is deemed to be an infraction, is punishable for a first violation by a fine not exceeding one hundred dollars ($100), and for committing the same offense a second time within one (1) year by a fine not exceeding five hundred dollars ($500), and for committing the same offense a third or any subsequent time within one (1) year, by a fine not exceeding one thousand dollars ($1,000).
   F.   Notwithstanding any other provision of this code, when a person under eighteen (18) years of age is charged with a violation of this code, and such person is issued a notice to appear in a traffic court of competent jurisdiction as a result thereof, the charge shall be deemed to be an infraction unless the minor requests that a petition be filed pursuant to Cal. Welf. and Inst. Code § 601 or 602.
   G.   The violation of any of the provisions of this code or any city ordinance constitutes a nuisance and may be abated by the city through civil process by means of restraining order, preliminary of permanent injunction or in any other manner provided by law for the abatement of such nuisances.
   H.   The City Council declares that, should any provision, section, paragraph, sentence or word of this code or city ordinance be rendered or declared invalid by any final court action by a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this code and such ordinance shall remain in full force and effect.
   I.   The provisions of this chapter are alternative and in addition to any other provision of this code wherein a specific criminal, civil or administrative penalty and/or procedure for enforcement, is provided.
(Ord. 1151, passed 3-1-11)