(A) Violations.
(1) No person, firm, corporation, or other responsible entity shall violate any provision, restriction, or requirement of this code or any code adopted herein, any uncodified city ordinance, any rule or regulation promulgated pursuant thereto, or any condition of any approval, permit, license, or other entitlement issued pursuant thereto.
(2) Any person, firm, corporation, or other responsible entity who violates any provision, restriction, or requirement of this code or any code adopted herein by reference, any uncodified city ordinance, any rule or regulation promulgated pursuant thereto, or any condition of any approval, permit, license, or other entitlement issued pursuant thereto shall be guilty of a misdemeanor unless:
(a) Such requirement is classified as an infraction by the California Vehicle Code, or any other state code or law, or by this code or any uncodified ordinance;
(b) The City Manager or prosecuting attorney authorizes the issuance of a citation or notice to appear charging an offense as an infraction;
(c) The prosecuting attorney files a complaint charging the offense as an infraction;
(d) After filing of a misdemeanor complaint, the court, solely upon motion of the people, reduces the charge to an infraction, and the defendant does not object to having the case proceed as an infraction; or
(e) An enforcement officer issues an administrative citation pursuant to Chapter 1.03 of this code.
(f) An infraction offense shall be prosecutable as a misdemeanor upon a fourth violation within a period of one year and each violation thereafter of the same provision by the same individual within a period of one year.
(B) Penalties.
(1) Misdemeanor. Any person, firm, corporation, or responsible entity convicted of a misdemeanor under the provisions of this code by a court of competent jurisdiction shall be punishable by a fine not to exceed $1,000, or by imprisonment in the City or County Jail for a period not to exceed six months, or by both such fine and imprisonment.
(2) Infraction. Any person, firm, corporation, or responsible entity convicted of an infraction under the provisions of this code by a court of competent jurisdiction shall be punishable by:
(a) A fine not exceeding $100 for a first violation;
(b) A fine not exceeding $200 for a second violation of the same ordinance within one year;
(c) A fine not exceeding $500 for each additional violation of the same ordinance within one year.
(3) Administrative citation. Any person, firm, corporation, or other responsible entity who violates any provision, restriction, or requirement of this code or any code adopted herein by reference, any uncodified city ordinance, any rule or regulation promulgated pursuant thereto, or any condition of any approval, permit, license, or other entitlement issued pursuant thereto is also subject to administrative fines that are authorized by Chapter 1.03 of this code.
(C) Continuing violations. It shall constitute a new and separate offense for each and every day during any portion of which any violation of any provision, restriction, or requirement of this code or any code adopted herein by reference, any uncodified city ordinance, any rule or regulation promulgated pursuant thereto, or any condition of any approval, permit, license, or other entitlement issued pursuant thereto is committed, continued, maintained, or permitted by such person and shall be punishable accordingly.
(Ord. 2008-02, passed 10-1-2008; Am. Ord. 2013-117, passed 3-19-2013)