1.08.010 General penalty.
1.08.020 Infraction proceedings.
1.08.030 Misdemeanor proceedings.
1.08.040 Notice to appear.
1.08.050 Time to appear.
1.08.060 Place to appear.
1.08.070 Delivery of notice--promise to appear.
1.08.080 Prosecution initiation--bail.
1.08.090 Taking in lieu of citation.
1.08.100 Nonappearance--arrest warrant.
1.08.110 Notice to correct--issuance.
1.08.120 Notice to correct--delivery.
1.08.130 Notice to correct--proof of correction.
1.08.140 Notice to correct--failure to correct.
1.08.150 Enforcement Officer.
1.08.160 Liability.
A. Whenever, in the ordinances of the city or this code, any action is prohibited, or is made or declared to be unlawful, or an offense, or the action is required, or the failure to do the action is declared to be unlawful; and where no specific penalty is specifically provided for violation of the statutes of the ordinances of the city or this code, then the person or party committing such violation shall be guilty of an infraction with fines pursuant to Government Code § 36900.
B. Any additional violation committed within one (1) year of the first violation may be prosecuted by the city as a misdemeanor with a fine not exceeding one thousand dollars ($1,000) and/or six (6) months in the county jail; and provided, however, the city shall have the discretion to reduce the misdemeanor to an infraction.
C. Each day such violation is committed or permitted to continue constitutes a separate offense and is punishable as such.
D. In addition to or in the alternative to prosecution of infractions and misdemeanors, a violation of this code may be punished by way of the imposition of administrative penalties. Each day such violation is committed or permitted to continue constitutes a separate offense and shall result in the imposition of a penalty for each and every day that such violation exists. Namely, the administrative penalty shall continue to increase for each and every day that a violation exists.
E. The aforementioned penalties shall not be deemed to exclude any other remedy for violation of any ordinances of the city or this code.
(Government Code Section 36900(a)) (Ord. 791-2010 (part), 2010; Ord. 362 § 1(a), 1980)
No person shall be arrested for a violation of any provision of any ordinance, resolution, rule or regulation adopted by the city, the violation of which is an infraction, except as provided in this section. Proceedings for the violation of any such provision which constitutes an infraction may be commenced by the following procedure:
A. The City Administrator or his or her designee may prepare, in duplicate, a written notice to appear in court, containing the name and address of the person against whom the offense is charged, the offense charged, and the time and place when such person shall appear in court. Such notice, except as otherwise provided in this section, shall substantially conform to the provisions of the Penal Code of the state respecting notices to appear insofar as the same are applicable to infractions. The time specified in the notice to appear must be at least ten (10) days after the notice is personally served upon the person charged with the offense. The place specified in the notice to appear shall be before the judge at the Butte County Consolidated Court in Oroville, CA. The enforcing officer shall cause to be personally served one (1) copy of the notice to appear on the person charged with the offense. The duplicate copy of the notice to appear shall, as soon as practicable after service of the same, be filed with the clerk of the court, containing an affidavit of personal service.
B. Should the person charged fail to appear at the time specified in the notice to appear, such failure, if willful, shall constitute a misdemeanor, regardless of the disposition of the charge upon which he or she has to appear. The person charged may thereafter be arrested, not only upon such misdemeanor, but upon the charges upon which he or she failed to appear, as though the same were misdemeanors, and in regard to such arrest, such person shall be subject to all procedures for arrest contained in this chapter which are applicable to misdemeanors.
(Government Code Section 36900(b)) (Ord. 791-2010 (part), 2010; Ord. 362 § 1(c), 1980)
Sections 1.08.040 through 1.08.100, inclusive, shall apply to all provisions of the ordinances, resolutions and rules and regulations regularly adopted by the city, including those sections, ordinances, resolutions and rules and regulations enacted after the adoption of the ordinance codified in this chapter, violations of which are misdemeanors, and also to an offense declared by state law to be a misdemeanor.
(Government Code Section 36901) (Ord. 791-2010 (part), 2010; Ord. 362 § 6(b), 1980)
If any person is arrested for violation of any section of any resolution, ordinance, rule or regulation adopted by the city, or an offense declared by state law to be a misdemeanor, and such person is not immediately taken before a magistrate, as more fully set forth in the Penal Code of the state, the arresting officer shall prepare, in duplicate, a written notice to appear in court, containing the name and address of such person, the offense charged and the time and place when such person shall appear in court. Such notices, except as otherwise provided in this chapter, shall substantially conform to, and the arresting officer shall act in accordance with, the provisions of Penal Code Sections 853.5 through 853.85 and Section 853.9.
(Ord. 791-2010 (part), 2010)
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