(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)
(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
Infraction penalties, see California Government Code § 36900
Misdemeanor penalties, see California Government Code § 36901 and California Penal Code § 19
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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