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A. Violation--Infraction. It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this chapter or the provisions of any ordinance or code adopted by reference by this chapter or any provision of any ordinance of the city not included within this chapter. Any person violating any of such provisions or failing to comply with any of the mandatory requirements of this chapter or any ordinance or code adopted by reference by this chapter or any other city ordinance shall be guilty of an infraction, unless such violation is specifically designated as constituting a misdemeanor. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter, or any provision of any ordinance or code adopted by reference by this chapter, or of any other city ordinance is committed, continued, or permitted by such person, and may be punished accordingly.
B. Any provision or requirement of this chapter or otherwise as referred to above, the violation of which or the failure to comply with which, is designated as an infraction, shall be prosecutable as a misdemeanor upon a third violation and each violation thereafter of the same provision by the same individual. In addition, any such violation or failure to comply may be prosecuted originally as a misdemeanor in the discretion of the city attorney or any deputy district attorney, upon a showing by the enforcing agency of the seriousness of the particular alleged violation.
C. Aiding and Abetting. Whenever in this chapter any act or omission is made unlawful, it shall include causing, allowing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission.
D. Establishment of Offenses as Infractions. Any violation expressly declared to be punishable, in the discretion of the court, by either a fine, or by a fine or imprisonment, or both, shall become an infraction for all purposes under any of the following circumstances:
1. Where a judgment imposes a punishment of a fine not exceeding one hundred dollars ($100.00) in the case of a first offense;
2. When the court grants probation to a defendant without the imposition of a sentence and, at the time of granting probation, or on application of the defendant or probation officer thereafter, the court declares the offense to be an infraction; or
3. When the city attorney or any deputy district attorney files in a court having jurisdiction over misdemeanor offenses a complaint specifying that the offense is an infraction.
E. Punishments. Any person convicted of a misdemeanor under the provisions of this chapter shall be punishable by a fine of not more than one thousand dollars ($1,000.00), or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment.
F. Any person convicted of an infraction under the provisions of this chapter shall be punishable for a first conviction by a fine of not more than one hundred dollars ($100.00), for a second conviction within a period of one year by a fine of not more than two hundred dollars ($200.00), and for a third or any subsequent conviction within a period of one year by a fine of not more than five hundred dollars ($500.00).
(Ord. 15 § 5, 1991)