Penalties. Every master, agent, or owner of any vessel, who does not obey the lawful orders or directions of the Commission in any matter pertaining to the regulations of the harbor, or the removal or stationing of any vessel 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.
Upon convictions of a violation charged as an infraction, the person so convicted shall be punished for the first offense by a fine of not less than $50 nor more than $100, and for a second and each additional offense by a fine of not less than $150 nor more than $250.
Upon conviction of a violation charged as a misdemeanor, the person so convicted shall be punished by a fine of not more than $500 or by imprisonment in the County Jail for a period of not more than six months, or by both such fine and imprisonment.
(Added as Sec. 1612 by Ord. 39-69, App. 1/28/69; amended by Ord. 206-00, File No. 001229, App. 9/1/2000; redesignated by Ord. 230-17, File No. 171042, App. 12/6/2017, Eff. 1/5/2018)