1.08.020 Mandatory appearance required.

(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.

(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, or by imprisonment for a period of not more than six months, or by both such fine and imprisonment.

(e) 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, and for committing the same offense a second time within one year by a fine not exceeding two hundred dollars, and for committing the same offense a third or any subsequent time within one year, by a fine not exceeding five hundred dollars.

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, and for committing the same offense a second time within one year by a fine not exceeding five hundred dollars, and for committing the same offense a third or any subsequent time within one year, by a fine not exceeding one thousand dollars.

(f) Notwithstanding any other provision of this code, when a person under eighteen 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 Section 601 or 602 of the Welfare and Institutions Code.

(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 or 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. (Ord. 629, § 2, 2009).

1.08.020 Mandatory appearance required.

Whenever any person is arrested for any violation of this code, the arrested person shall be taken without unnecessary delay before a magistrate who has jurisdiction over the offense and is nearest or most accessible with reference to the place where the arrest is made, when the person arrested:

(a) Fails to present a driver's license or other satisfactory evidence of identity for examination.

(b) Refuses to give a written promise to appear in court.

1.08.030 Arrests and citations.

(a) Pursuant to the provisions of state law, the city officers or employees designated by the city manager to make misdemeanor arrests may issue citations and make arrests without a warrant whenever they have reasonable cause to believe that the person who is either arrested or to whom a citation is issued has committed an infraction or misdemeanor violation of this code, or violation of any condition of any permit issued pursuant to this code or violation of any other city ordinance or state statute which such officers or employees have the duty to enforce, and the violation has been committed in the presence of such officers or employees.

(b) Arrests for misdemeanors and citations for infractions shall be processed, issued and handled as provided by state law.

(c) In any case in which a person is arrested pursuant to this authority and the person arrested does not demand to be taken before a magistrate, the officer or employee making the arrest shall prepare a written notice to appear and release the person on his promise to appear, as prescribed by Chapter 5(c), commencing with Section 853.5, of the Penal Code.

(d) The officers and employees identified in subpart (a) of this section and any other persons designated to do so by the city manager shall have the concurrent authority to issue administrative citations. (Ord. 629, § 2, 2009).

1.08.040 Administrative penalties.

In addition to, or in place of, any other remedy which is allowed by law, whether administrative, criminal, civil, or equitable, there is hereby established an administrative penalty that may be imposed in connection with any violation of this code. The city attorney or city prosecutor shall have sole discretion to determine whether a violation will be prosecuted criminally. (Ord. 629, § 2, 2009).

1.08.050 Definitions.

The following words and phrases, when used in the context of this chapter, shall have the following meanings:

(a) "Citing official" means any officer or employee authorized by the city manager to issue citations, and subject to Section 1.08.030 of this code.

(b) "City manager" means the city manager of the City of La Mirada, or the city manager's designee.

(c) "Legal interest" means any ownership interest of any person in real property as evidenced by title or ownership documents or instruments which have been recorded with the Los Angeles County Recorder's Office or which are on file with, or in possession of, any other governmental entity. "Legal interest" shall also include the property interest of lessees or tenants of real property, as well as all sublessors thereof.

(d) "Person" means any natural person, business, organization, corporation or other entity.

(e) "Responsible person" means any natural person, business, organization, corporation, or Other entity determined by a citing official to be responsible for causing, maintaining, permitting, or allowing a violation of this code. "Responsible person" includes but is not limited to any person, business, organization, corporation, or other entity having an ownership or possessory interest in property, or any agent thereof with actual or apparent authority, possession, or control of property, as well as any other person, business, organization, corporation or other entity that creates, permits, or allows a violation of this code to occur or be maintained. (Ord. 629, § 2, 2009).

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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