§ 1.32.010. Criminal violations—Misdemeanors and infractions.

A.

No person shall violate any provision or fail to comply with any of the mandatory requirements of this Code. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Code shall be guilty of a misdemeanor, unless such violation or failure is specifically designated to be an infraction or is prosecuted as an infraction, in which case such person is guilty of an infraction. It shall be a separate offense for each and every day or any portion thereof in which a violation of this Code or a failure to comply with the mandatory requirements of this Code is committed, continued or permitted.

B.

Any person convicted of a misdemeanor under the provisions of this Code, unless provision is otherwise made herein, shall be punishable by a fine of not more than one thousand dollars ($1,000.00), or by imprisonment in the City or county jail for a period not exceeding six (6) months, or by both such fine and imprisonment. Any person convicted of an infraction under the provisions of this Code, unless provision is otherwise made herein, shall be punishable by a fine of not more than one thousand dollars ($1,000.00).

C.

In addition to the penalties provided in this Section, any condition caused or permitted to exist in violation of any of the provisions of this Code shall be deemed a public nuisance.

D.

The City may summarily abate any public nuisance as defined in this Section.

E.

In the sole discretion of the City Prosecutor, any violation of this Code, unless provision is otherwise made herein, may be prosecuted as either a misdemeanor or an infraction. Notwithstanding the foregoing, violations of Municipal Code Sections 6.16.080, 6.16.190, 6.16.260(C), 6.16.270(D) 6.16.290(C), 18.08.050, 18.16.150, 18.20.080, 21.31.245(C), 21.51.227 and 21.41.170 shall not be prosecuted as infractions.

(ORD-09-0022, § 1, 2009; ORD-05-0001 § 1, 2005; Ord. C-7815 § 1, 2002; prior code § 1200)