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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)
A. All ordinances of the county which have been applicable within the territory now incorporated as the city, to the extent that they applied before incorporation, and which became ordinances of the city by virtue of the adoption of Ordinance No. 1 of the city, as the same may have been thereafter amended or repealed or superseded, are hereby ratified and readopted by this reference as if fully set forth in this chapter, shall remain in full force and effect as ordinances of the city.
B. Additionally, the resolutions, rules and regulations of the county which have been so applicable in implementation of the aforesaid ordinances and state law (such as, but not limited to, the California Environmental Quality Act, regulations pertaining to traffic, the resolution establishing special geologic study report zone in the California Oaks area), to the extent that they applied before incorporation shall remain in full force and effect as resolutions, rules and regulations, respectively, of the city, and which may be amended or repealed in the future by any form of enactment (motion, resolution or ordinance) deemed appropriate by the city council.
C. Unless otherwise provided in this chapter or in other enactments of the city, the granting by the county of Riverside of approvals, permits, and similar rights, which have not expired or otherwise been revoked or lost, are recognized as remaining in effect, subject to the right of the city to fully exercise its police power, and to take such further action as permitted or reserved to the city by law by any form of enactment (motion, resolution or ordinance) deemed appropriate by the city council.
D. This chapter shall not be construed as adopting the general plan of the county.
(Ord. 15 § 6, 1991)
Certain provisions of the county enactments referred to in Sections 1.08.010 and 1.08.060 of this chapter reflect the county governmental structure and contain references to officials, official titles, commissions, and other designations which are not a part of the structure of this city's government. In order to effectively and intelligently administer the county enactments to the extent that they are continued in effect by this chapter, it is the purpose of this chapter to provide for the substitution of the appropriate city official, title, or designation in county enactments.
(Ord. 15 § 7, 1991)
A. Whenever in the enactments of the county which are adopted by or continued in effect by the city there is a reference to "board of supervisors," this reference shall be interpreted to mean the "city council of the city of Murrieta."
B. Whenever in the enactments of the county which are adopted by or continued in effect by the city there is a reference to an office, official title, or other designation, the reference shall be interpreted to mean that office, title, or designation in the governmental structure of the city, or if there is none, any official or titleholder of the city who has been specifically directed by the city council or the city manager to perform the functions referred to or the duties imposed.
C. Whenever it is appropriate under the circumstances, and in the enactments of the county of Riverside which are adopted by or continued in effect by the city, there is a reference to the "County of Riverside," "county," or "unincorporated area," or "territory" of the county of Riverside, such reference shall be interpreted to mean the "city of Murrieta."
D. Whenever in the enactments of the county of Riverside which are adopted by or continued in effect by the city there is a reference to "planning commission," "board of zoning adjustment," "board of appeals," "zoning administrator," or any other person or body of the county where the context so indicates, this reference shall be interpreted to mean the person or body of the city of Murrieta or the person or body acting as the agent of the city of Murrieta, as the context would indicate.
(Ord. 15 § 8, 1991)
The enforcement of the county ordinances adopted or continuing in effect in the incorporated area shall be by the city or by the appropriate officers, persons or agencies thereof; provided, however, services of enforcement furnished by the county or by appropriate persons, officers or agencies thereof in accordance with Government Code Section 57384, or other applicable enactments are recognized and allowed for.
(Ord. 15 § 9, 1991)
This chapter is an urgency ordinance and is for the immediate preservation of public peace, health and safety. The facts constituting urgency are these: pursuant to Section 57376 Government Code, county ordinances adopted pursuant to the section shall remain in full force and effect until one hundred twenty (120) days after incorporation. All county ordinances adopted by city Ordinance No. 1 will thereafter be of no force and effect after October 28, 1991. Since county ordinances and primary and secondary codes are being adopted by reference in this chapter after notice and hearing, adoption hereof by a regular ordinance which would not go into effect for thirty (30) days after adoption would thereby necessarily leave a gap of time before the county ordinances and primary and secondary codes could be effective, leaving wholly inadequate health, safety and welfare regulations in force the city.
(Ord. 15 § 10, 1991)