§ 32.0124  Criminal Actions.
   (a)   Criminal Penalties for Violations. It is unlawful for any person, firm, partnership, corporation or other entity (hereafter “person”) to violate any provision of this Division constituting a public offense. Any person violating any such provision, unless as otherwise specified for certain sections or for sections within a certain chapter of this Division, shall be deemed guilty of an infraction or misdemeanor as hereinafter specified. To any person so convicted, the following shall apply:
      (1)   A first offense shall constitute an infraction offense and be punished by a base fine not exceeding $100.00.
      (2)   A second offense within one year shall constitute an infraction offense and punished by a base fine not exceeding $200.00.
      (3)   The third and any additional offense within one year, shall constitute either an infraction or a misdemeanor offense, and if it is an infraction offense, shall be punishable by a base fine not exceeding $500.00, or if a misdemeanor offense, punishable by up to six months in jail, and/or base fine not exceeding $1,000.00.
      (4)   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 (Government Code § 25132).
      (5)   Notwithstanding the above, a first or second offense may be charged and prosecuted as a misdemeanor, punishable by up to six months in jail, and/or base fine not exceeding $1,000.00.
      (6)   Payment of any fine or service of a jail sentence shall not relieve a person, firm, partnership, corporation or other entity from the responsibility of correcting the condition resulting from the violation.
      (7)   The owner, manager, and operator of every activity or facility subject to this Division shall be responsible for any violation of this Division by an employee.
   (b)   Criminal citations. Criminal citations shall be issued in the same manner and under the same authority as provided by § 11.0206(b) of this Code.
(Ord. 4092, passed - -2009; Am. Ord. 4114, passed - -2010)