Skip to code content (skip section selection)
(a) Unless otherwise specified in this Code, any person violating any section of this Code shall be deemed guilty of a misdemeanor or an infraction. The complaint charging such violation shall specify whether the violation is a misdemeanor or infraction, which decision shall be that of the District Attorney; provided, however, that whenever a person has been arrested and incarcerated based solely on the violation or violations of this Code, he or she shall retain the right at the time of arraignment or plea to object to the offense being made an infraction, in which event the complaint shall be amended to charge the misdemeanor and the case shall proceed on the misdemeanor complaint.
(b) Upon conviction of a violation charged as an infraction, the person so convicted shall be punished for the first offense by a fine of not more than $100, and for a second offense within one year by a fine of not more than $200, and for each additional offense within one year by a fine of not more than $500.
(c) Upon conviction of a violation charged as a misdemeanor, the person so convicted shall be punished by a fine of not more than $1000 or by imprisonment in the County Jail for a period of not more than six months, or by both such fine and imprisonment.
(d) Any person convicted of a crime involving the vandalism, defacement or destruction of any portion of any park, grounds, roadways, avenues, squares, recreation facilities, or other property placed under the control, management and direction of the Recreation and Park Commission, including violations of this Code or California Penal Code Sections 594, 640.5, or 640.6 shall be liable to the City for any and all costs associated with fixing, altering, removing, or abating violations as well as any labor expended to otherwise abate and/or restore the area affected. Any costs sought pursuant to this Section 10.01 shall be recoverable as restitution and may be ordered by a court of competent jurisdiction in any related criminal prosecution. The remedies in this subsection (d) are in addition to any other remedies available at law or equity, including but not limited to restorative justice outcomes such as community service and/or repair of affected properties.
(Added by Ord. 603-81, App. 12/18/81; amended by Ord. 38-10, File No. 091441, App. 2/18/2010; Ord. 72-14 , File No. 140261, App. 5/23/2014, Eff. 6/22/2014)