Loading...
A. Any person violating any provision of this chapter shall be guilty of an infraction or misdemeanor as hereinafter specified. Such individual shall be deemed guilty of a separate offense for each day during which any violation of this chapter is committed or allowed to exist.
B. Any individual convicted of a violation of this chapter shall be:
1. Guilty of an infraction and punished by a fine of not less than fifty dollars ($50.00), but not to exceed one hundred dollars ($100.00) for the first offense.
2. Guilty of an infraction and punished by a fine of not less than one hundred dollars ($100.00), but not to exceed two hundred dollars ($200.00) for the second offense.
3. The third and any subsequent offense shall constitute a misdemeanor, and shall be punishable by a fine of not less than five hundred dollars ($500.00), but not to exceed one thousand dollars ($1,000.00) and/or six months in the county jail, or both.
C. Notwithstanding the foregoing, a first or second offense may be charged and prosecuted as a misdemeanor.
D. Payment of any penalty in this chapter shall not relieve an individual from the responsibility of correcting the violations as noted on the official inspection report form.
(Ord. 91 § 1 (part), 1994: Ord. 3 § 1 (part), 1991: prior code § 6.10.050)
In addition, any violation of this chapter is deemed to be a public health nuisance and may be abated by the enforcement officer, irrespective of any other remedy provided in this chapter.
(Ord. 91 § 1 (part), 1994: Ord. 3 § 1 (part), 1991: prior code § 6.10.060)
Any person who wilfully violates any provision of this chapter or any other rules or regulations adopted by the department pursuant to this chapter, in addition to any criminal penalties, shall be liable for a civil penalty of between fifty dollars ($50.00) and two hundred fifty dollars ($250.00) for each day of violation. The enforcement agency shall be authorized to file and maintain an action in a court of appropriate jurisdiction to collect any such civil penalty arising under this section.
(Ord. 91 § 1 (part), 1994: Ord. 3 § 1 (part), 1991: prior code § 6.10.070)
Pursuant to California Health and Safety Code Section 27560, the enforcement officer shall have the right to inspect any food facility or establishment, or any facility believed to be a food establishment or facility, at any reasonable time. If inspection is refused, the permit may be suspended or revoked, and/or the owner or operator shall be guilty of an infraction or misdemeanor offense.
(Ord. 91 § 1 (part), 1994: Ord. 3 § 1 (part), 1991: prior code § 6.10.080)