The City Council of the City of Fullerton intends to secure compliance with the provisions of this code. To the extent that such compliance may be achieved by less drastic methods of enforcement, the following alternate, separate and distinct methods may be utilized. Each method set forth herein is intended to be mutually exclusive and does not prevent concurrent or consecutive methods being used to achieve compliance against continuing violations. Notwithstanding any other provision of this code, each violation of the provisions of this code may be enforced alternatively as follows:
A. Criminal Complaint/Citation. Any person violating a city ordinance or provision of this code, at the discretion of the City Attorney or District Attorney, may be charged with either an infraction or misdemeanor as defined herein below, unless, by the terms of the ordinance, the penalty for violation is specifically stated therein. The complaint/citation charging such violation shall specify whether the violation is a misdemeanor or an infraction.
1. Infraction. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this code may be prosecuted for an infraction. Written citations for infractions may be issued by police officers or other employees as designated in Fullerton Municipal Code Section 2.09.080. Any person convicted of an infraction under the provisions of this code shall be punished either by fines, as is specified in the currently adopted Uniform Parking Bail Schedule used by the Orange County Municipal Courts, or where no fine is specified therein by:
a. A fine not exceeding one hundred dollars for a first violation.
b. A fine not exceeding two hundred dollars for a second violation of the same ordinance within one year.
c. A fine not exceeding five hundred dollars for each additional violation of the same ordinance within one year.
2. Misdemeanor. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this code may be prosecuted for a misdemeanor. Written citations for misdemeanors may be issued by police officers or by other employees as designated in Fullerton Municipal Code Section 2.09.080. Any person convicted of a misdemeanor under the provisions of this code shall be punished by a fine not exceeding one thousand dollars or imprisonment for a term not exceeding six months in the Orange County Jail, or by both such fine and imprisonment.
B. Civil Action. The City Attorney may institute an action in any court of competent jurisdiction to restrain, enjoin or abate the condition(s) found to be in violation of the provisions of this code, as provided by law.
C. Administrative Citation. Upon finding that a violation of this code exists, the city official vested with the authority to enforce the various provisions of this code may issue an Administrative Citation under the provisions of Chapter 1.10. (Ord. 2940 § A (1, 2), 1998).