(A) Violation of code deemed infraction or misdemeanor. Violation of any provision of this code shall constitute a misdemeanor, unless:
(1) Such violation is specifically designated as an infraction; or
(2) The City Attorney exercises his discretion to treat such violation as an infraction.
(B) Whenever in this code or in any other ordinance of the city or in any rule, regulation or order promulgated by any officer or agency of the city under authority duly vested in him or it, any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or the doing of any act is required or the failure to do any act is declared to be unlawful or an offense or a misdemeanor, where no specific penalty is provided therefor, the violation of any such provisions of this code or any other ordinance of the city or any such rule, regulation or order shall be punishable by imprisonment and by a fine for up to the maximum length of time and the maximum amount pursuant to California law. Every day any violation of this code or any other ordinance of the city or any such rule, regulation or order shall continue shall constitute a separate offense.
(C) Unless otherwise specifically provided for in this code, or by the Cal. Veh. Code § 42002, every person convicted of an infraction shall be punished upon conviction for the maximum fine pursuant to California law, unless lesser fines or bails are set by City Council resolution for specific violations.
(D) Notwithstanding any other provision of this code, when a person under 18 years of age is charged with a violation of this code, and a law enforcement officer issues a notice to appear in a traffic or superior court of competent jurisdiction to such minor as a result thereof, the charge shall be deemed to be an infraction unless the minor requests that a petition be filed under Cal. Welf. and Inst. Code §§ 601 or 602.
('64 Code, § 1-9) (Ord. 802, passed 1-9-92)
Statutory reference:
Provisions declaring violation of ordinance to be a misdemeanor, see Cal. Gov't Code § 36900
Penalty for misdemeanors, see Cal. Penal Code § 19