Chapter 17.74 — Penalty

Contents:

17.74.010 Violations of zoning regulations. 17.74.020 Each day a separate offense. 17.74.030 Violation of conditions of conditional use permits and precise development plans. 17.74.040 Penalties–declaration. – 17.74.050 Arrest notice to appear. 17.74.060 Appearance–time limitation. – 17.74.070 Appearance place. – 17.74.080 Appearance promise. – – 17.74.090 Notice filing bail depositing. 17.74.100 Appearance. 17.74.110 Warrant–issuance. 17.74.120 Authority of authorized city employees to arrest without warrant.

17.74.010 Violations of zoning regulations.

Violations of the provisions of this title shall be subject to the administrative penalty provisions of Chapter 1.10. (Ord. 07-1281, Sept. 2007)

Effective on: 1/1/1901

Each person, firm or corporation found guilty of a violation shall be deemed guilty of a separate offense for every day during any portion of which any violation of any provision of this title is committed, continued or permitted by such person, firm or corporation, and any use, occupation or building or structure maintained contrary to the provisions hereof shall constitute a public nuisance. (Ord. 07-1281, Sept. 2007) Effective on: 1/1/1901

No person shall violate any conditions of a conditional use permit or precise development plan. Such violations shall be subject to the administrative penalty provisions of Chapter 1.10 in addition to the measures set out in Chapter 17.70 regarding revocation of the permit. (Ord. 07-1281, Sept. 2007)

Effective on: 1/1/1901

1. A.

Each violation is punishable as follows:

A fine of fifty dollars ($50.00) for the first violation;

A fine of one hundred dollars ($100.00) for a second violation of the same condition within one year;

A fine of one hundred fifty dollars ($150.00) for a third violation of the same condition within one year; and 4. 4.

A fine of three hundred dollars ($300.00) for each additional violation of the same condition within one year.

2. B.

Each person guilty of an infraction shall be guilty of a separate offense for each and every day during any portion of which any violation is committed, continued or permitted by such person and shall be punishable accordingly. (Prior code Appx. A, § 20-4)

Effective on: 1/1/1901

If any person is arrested for the violation and such person is not immediately taken before a magistrate, as is more fully set forth in the Penal Code of the state of California, the arresting officer shall prepare, in duplicate, a written notice to appear in court, containing the name and address of such person, the offense charged, and the time and place where such person shall appear in court. (Prior code Appx. A, § 20-5)

Effective on: 1/1/1901

The time specified in the notice to appear shall be not less than eleven (11) days after such arrest. (Prior code Appx. A, § 20-6)

Effective on: 1/1/1901

The place specified in the notice to appear shall be either:

1. A.

Before a judge of a justice court or a municipal court judge within the county who has jurisdiction of the offense and who is nearest and most accessible with reference to the place where the arrest is made; or

2. B.

Upon the demand of the person arrested, before a judge of the municipal court of the Los Angeles judicial district, or before a judge of a justice court or a municipal court in the judicial district in which the offense is alleged to have been committed; or 3. C.

Before an officer authorized to receive a deposit of bail. (Prior code Appx. A, § 20-7)

Effective on: 1/1/1901

The officer shall deliver one copy of the notice to appear to the arrested person, and the arrested person, in order to secure a release, must give his written promise to appear in court by signing the duplicate notice, which shall be retained by the officer. Thereupon, the arresting officer shall forthwith release the person arrested from custody. (Prior code Appx. A, § 20-8)

Effective on: 1/1/1901

The officer shall, as soon as practicable, file a duplicate notice with the magistrate specified in such notice. The defendant, prior to the date upon which he promised to appear in court, may deposit with the magistrate the amount of bail. Thereafter, at the time when the case is called for arraignment before the magistrate, if the defendant does not appear either in person or by counsel, the magistrate may declare the bail forfeited and may at his discretion order that no further proceeding shall be had in this case. Upon the making of such order that no further proceedings be had, all sums deposited as bail shall forthwith be paid into the treasury of the county for distribution in the manner provided by law. (Prior code Appx. A, § 20-9)

Effective on: 1/1/1901

A warrant shall not issue on such charge for the arrest of a person who, pursuant to the provisions of this chapter, has given such written promise to appear in court unless and until he has violated such promise or has failed to deposit bail, to appear for arraignment, trial or judgement, or to comply with the terms and provisions of the judgement as required by law. (Prior code Appx. A, § 20-10)

Effective on: 1/1/1901

When a person signs a written promise to appear at the time and place specified in the written promise to appear and has not posted bail as provided in Section 17.74.090, the magistrate shall issue and have delivered for execution a warrant for his arrest within twenty (20) days after his failure to appear as promised. If a person promises to appear before an officer authorized to accept bail other than a magistrate and fails to do so on or before the date which he promised to appear, then within twenty (20) days after the delivery of such written promise to appear by the officer to a magistrate having jurisdiction over the offense, such magistrate shall issue and have delivered for execution a warrant for his arrest. When such person violates his promise to appear before an officer authorized to receive bail other than a magistrate, the officer shall immediately deliver to the magistrate having jurisdiction over the offense charged the written promise to appear and the complaint, if any, filed by the arresting officer. (Prior code Appx. A, § 20-11)

Effective on: 1/1/1901

City officers or employees, when designated may arrest persons without a warrant whenever they have reasonable cause to believe that an infraction has been committed by such persons. (Prior code Appx. A, § 20-12)

Effective on: 1/1/1901