A. It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this code, including any administrative order issued hereunder. Any person violating any of the provisions, or failing to comply with any of the requirements of this code, including an administrative order, shall be guilty of a misdemeanor, except where it has been provided by state law or this code that the violator shall be guilty of an infraction. Any person convicted of a misdemeanor under the provisions of this code shall be punishable by a fine of not more than one thousand dollars ($1,000.00), or not less than five hundred dollars ($500.00), or by imprisonment in the County Jail for a period not exceeding six months, or by both fine and imprisonment; provided that violations of Chapter 13.10 of this code regarding unlawful dumping shall be punishable by a fine of not less than five hundred dollars ($500.00), or by imprisonment in the County Jail for a period not exceeding six months, or by both fine and imprisonment.
B. Notwithstanding the above provisions, a violation of any provision of this code is an infraction when the prosecutor files a complaint charging the offense as an infraction or reduces the charge to an infraction.
C. Whenever in this code, or in any other ordinance of the city, any act is prohibited or is made or declared to be unlawful or an offense, or the doing of any act is required, or the failure to do any act is declared to be unlawful or a misdemeanor, where no specific penalty is provided therefor, the violation of any provision of this code, any adopted code, administrative order or any other ordinance of the city shall be deemed to be a misdemeanor and shall be punished as set forth in subsection A of this section.
D. Multiple Convictions of an Infraction. Any offense which would otherwise be an infraction is a misdemeanor if the defendant has been convicted of the same offense three or more times within the twelve (12) month period immediately preceding the commission of the offense and the convictions are alleged in the accusatory pleading. For this purpose, a bail forfeiture shall be deemed a conviction of the offense charged.
E. Separate Offenses. Any person that violates any provision or fails to comply with any of the requirements under this code shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this code is committed, continues, is maintained or permitted by the person, and may be punishable as such. (Ord. 2001-047 § 1; Ord. 2001-046 § 2)