§ 11.0206  Criminal Actions.
   (a)   Criminal Penalties for Violations. It is unlawful for any person to violate any provision of this Code, or to violate any provision of any permit issued pursuant to this Code, or the conditions of approval for such permit granted pursuant to this Code. Unless otherwise specified in another part of this Code, any person committing such violation shall be deemed guilty of a misdemeanor.
      (1)   Misdemeanor Violations. Except as provided below, 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.  The court, or judge thereof, in the order granting probation, may suspend the imposing or the execution of the sentence and may direct that the suspension may continue for a period of time not exceeding three years, and upon those terms and conditions as it shall determine. The court, or judge thereof, in the order granting probation and as a condition thereof, may imprison the defendant in a county jail for a period not exceeding the maximum time fixed by law in the case.
         (A)   Violations of Chapter 84.28.  Any person violating any provision of Chapter 84.28 is guilty of a misdemeanor. Notwithstanding the foregoing, a misdemeanor violation may be cited, charged, and prosecuted as an infraction.  Upon conviction of a misdemeanor, or upon a plea of nolo contendere (commonly called "no contest") involving misdemeanor violations of Chapter 84.28, the penalty shall be as follows:
            (I)   Any person convicted of a misdemeanor for operating a short-term residential rental unit without a valid permit in violation of Chapter 84.28 shall be punished by a base fine of up to $1,000.00 upon a first conviction, by a base fine of up to $2,000.00 for a second conviction, by a base fine of up to $5,000.00 upon a third or subsequent conviction, or by imprisonment in the County jail for a period of not more than six months, or by both such base fine and imprisonment;
            (II)   Any person convicted of a misdemeanor for operating a permitted short-term residential rental unit in violation of Chapter 84.28 shall be punished by a base fine of up $1,000.00 upon a first conviction, by a base fine of up to $2,000.00 upon a second conviction for violations occurring within a 12-month period, by a base fine of up to $5,000.00 upon a third or subsequent conviction for violations occurring within a 12-month period, or by imprisonment in the County jail for a period of not more than six months, or by both such base fine and imprisonment.
         (B)   Violations of Chapter 84.34. Upon conviction of a misdemeanor, or upon a plea of nolo contendere (commonly called "no contest") involving misdemeanor violations of Chapter 84.28, the penalty shall be as follows:
            (I)   Any person convicted of a misdemeanor for cannabis cultivation in violation of Chapter 84.28 where the number of cannabis plants located on the premises is less than 200 shall be punished by a base fine of up to $1,000.00 upon a first conviction; by a base fine of up to $1,500.00 for a second conviction; by a base fine of up to $3,000.00 upon a third or subsequent conviction; by imprisonment in the County jail for a period of not more than six months; or by both such base fine and imprisonment;
            (II)   Any person convicted of a misdemeanor for commercial cannabis activity related to operation of a dispensary, or delivery, manufacturing, transportation, distribution, or cultivation where the number of cannabis plants located on the premises is greater than 200 in violation of Chapter 84.28, shall be punished by a base fine of up $3,000.00 upon a first conviction; by a base fine of up to $6,000.00 upon a second conviction; by a base fine of up to $10,000.00 upon a third or subsequent conviction; or by imprisonment in the County jail for a period of not more than six months; or by both such base fine and imprisonment.
      (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 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 (commonly called “no contest”), 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 Code section within one year; and a base fine not exceeding $500.00 for each additional violation of the same Code section within one year of the first violation. However, violations of building and safety provisions of this Code cited, charged, and prosecuted as infractions shall be punishable by a base fine not exceeding $100.00 for a first violation; a base fine not exceeding $500.00 for a second violation of the same Code section within one year; and a base fine not exceeding $1,000.00 for each additional violation of the same 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 Code for a violation of any provision of this 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.
(Ord. 4090, passed  - -2009; Am. Ord. 4408, passed - -2021; Am. Ord. 4411, passed - -2021; Am. Ord. 4412, passed - -2021)