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CHAPTER 2. PENALTY AND COST RECOVERY PROVISIONS
Article 1: Generally
Sec. 1-2.01. Violations.
   (a)   Except for parking violations of Article 4 of Chapter 3 of Title 4 of this Code, the violation of any other provision of this Code or other ordinance of the City, may be prosecuted as an infraction punishable by fine, or as a misdemeanor and punishable by fine or imprisonment, or both, in accordance with Government Code Section 36900, et seq. All violations shall be a misdemeanor unless made an infraction by: (1) the City Attorney filing a complaint in the Municipal Court specifying that the offense is an infraction; or, (2) the issuing of a citation specifying that the violation is an infraction; or, (3) the City Attorney making a motion in court to reduce a misdemeanor to an infraction if such motion is made prior to the trial on the matter.
   (b)   Each day a violation of this Code or other ordinance of the City continues shall constitute a separate offense. The continuing violation of any provision of this Code shall constitute a public nuisance which may be redressed by civil or criminal action, abated by mandatory or prohibitory process of a court of competent jurisdiction or pursuant to Chapter 7 of this title.
(§ 1, Ord. 770-NS, eff. February 26, 1981, as amended by § 1, Ord. 907-NS, eff. February 11, 1986 and §1, Ord. 1183-NS, eff. June 1, 1993)
Sec. 1-2.02. Prohibited acts.
   Whenever in this Code any act or omission is made unlawful, it shall including causing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission.
Sec. 1-2.03. Imposition of penalty.
   (a) Penalty for infraction. Every violation charged as or determined to be an infraction is punishable by (1) a fine not exceeding One Hundred and no/100ths ($100.00) Dollars for the first violation; (2) a fine not exceeding Two Hundred and no/100ths ($200.00) Dollars for a second violation of the same ordinance within one year; (3) a fine not exceeding Five Hundred and no/100ths ($500.00) Dollars for each additional violation of the same ordinance within one year.
   (b)   Penalty for misdemeanor. Every violation charged as or determined to be a misdemeanor is punishable by penalty of fine or imprisonment, or both. A fine shall not exceed One Thousand and no/100ths ($1,000.00) Dollars and imprisonment shall not exceed six (6) months.
(§ 2, Ord. 907-NS, eff. February 11, 1986)
Statutory reference:
   Infraction penalties, see California Government Code § 36900
   Misdemeanor penalties, see California Government Code § 36901 and California Penal Code § 19
Sec. 1-2.04. Determination of punishment.
   Whenever in this Code the punishment for a crime is left undetermined between certain limits, the punishment to be inflicted in a particular case shall be determined by the court authorized to pass sentence, within such limits as may be prescribed by this Code.
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