(a) Criminal Penalties for Violations. It is unlawful for any person to violate any provision of this E.H. Code, or to violate any provision of any permit issued pursuant to this E.H. Code or the conditions of approval for such permit granted pursuant to this E.H. Code. Unless otherwise specified in another part of this E.H. Code, any person committing such violation shall be deemed guilty of a misdemeanor as hereinafter specified.
(1) Misdemeanor Violations. Upon conviction of a misdemeanor, or upon a plea of nolo contendere (commonly called “no contest”), the penalty shall be a base fine of not less than $500.00 and not more than $1,000.00, or by imprisonment in the County jail for a period of not more than six months, or by both such base fine and imprisonment. Any court costs that the court may otherwise be required to impose pursuant to applicable State law or local ordinance shall be imposed in addition to the base fine.
(2) Infraction Violations. Notwithstanding the foregoing, a misdemeanor violation may be cited, charged, and prosecuted as an infraction. Where so prosecuted, or where specified in a section or chapter of this E.H Code that the violation of a certain section or sections shall be an infraction, then that shall be the type of offense and each such violation shall be punishable, except as otherwise provided herein, upon conviction or upon a plea of nolo contendere by a base fine not exceeding $100.00 for a first violation; a base fine not exceeding $200.00 for a second violation of the same E.H. Code section within one year; and a base fine not exceeding $500.00 for each additional violation of the same E.H. Code section within one year of the first violation. The maximum fines imposed in this section are based upon the provisions of Government Code § 25132 and will be increased automatically and without amendment to this section upon any amendment to Government Code § 25132 increasing the amount of fines permitted. Any court costs that the court may otherwise be required to impose pursuant to applicable state law or local ordinance shall be imposed in addition to the base fine.
(b) Criminal Citations.
(1) If any person is arrested by a peace officer, fire marshal, fire prevention officer, code enforcement officer, animal control officer, public health officer, or any other officer authorized to enforce this E.H. Code for a violation of any provision of this E.H. Code (hereinafter “arresting officer”), whether punishable as a misdemeanor or as an infraction, the arresting officer shall issue a notice to appear (the citation) to such person, pursuant to Penal Code §§ 853.5 and 853.6, and request that the person sign the notice to appear, which shall constitute the person’s written promise to appear in court. After obtaining the written promise to appear, the arresting officer must immediately release the person.
(2) If the person cited refuses to sign the notice to appear, the arresting officer, unless the arresting officer is a sworn peace officer, must immediately release the person and refer the matter to the Office of County Counsel or other appropriate agency for appropriate action.
(Am. Ord. 3105, passed --1986; Am. Ord. 3585, passed --1994; Am. Ord. 4093, passed - -2009)