Petaluma Municipal Code Ch. 1.12 Criminal Enforcement of Code VIOLATIONS1

1 Editor’s Note: Former Chapter 1.12, Arrests for Violation of Municipal Ordinances, previously codiKed herein

and containing portions of Ord. Nos. 1272 and 1280, was repealed in its entirety 7-3-06 by Ord. No. 2250.

Any person employed in the classiKcation police service aide, parking enforcement oMcer or any other city

employee assigned to enforcement of municipal ordinances is authorized to exercise the powers contained in

California Penal Code Section 836.5, including the power to arrest without warrant upon reasonable cause and the

power to issue citations, whenever such employee has reasonable cause to believe that the person to be arrested

or cited has committed a violation of the provisions of the Petaluma Municipal Code or other statute such oMcer is

required to enforce. For employees other than police service aides or parking enforcement oMcers, exercise of the

power granted in this section shall be permitted only upon written notiKcation by the city manager or his

designate to the enforcement employees, and upon completion of necessary training in the power of arrest which

may be required by the California Penal Code. (Ord. 2250 NCS §3, 2006.)

A. Any violation of this code may be prosecuted as a criminal oNense. Unless expressly described as an

infraction, a violation of any provision of this code, or failure to comply with any mandatory requirement hereof,

shall constitute a misdemeanor. Notwithstanding the preceding sentence, a violation of this code may, in the

discretion of the prosecuting attorney or other enforcing authority, be charged and prosecuted as an infraction.

B. Any person convicted of a misdemeanor pursuant to this code, unless provision is otherwise herein made,

may be punished by a Kne of not more than one thousand dollars or by imprisonment in the county jail for a

period of not more than six months or by both Kne and imprisonment.

C. Any person convicted of an infraction pursuant to this code may be punished by a Kne of not more than one

hundred dollars for a Krst violation or a Kne of not more than two hundred dollars for a second violation of the

same code section within one year. A third (or subsequent) violation of the same code section by the same person

within a twelve-month period may be charged and prosecuted as a misdemeanor, even if such violation would

otherwise be described as an infraction.

D. Upon entry of a second or subsequent conviction against the same responsible party within a two-year period

for a condition of aNected property constituting a nuisance condition under Chapters 1.10 through 1.15, the court

may require the responsible party to pay to the city treble the cost of the abatement (except for conditions abated

pursuant to Health and Safety Code Section 17980). Any costs awarded to the city may be enforced in the manner

described in Section 1.14.140.

(Ord. 2250 NCS §3, 2006.)

A. If an enforcement oMcer elects to charge a nuisance condition or violation of this code as a criminal violation,

such oMcer shall prepare in triplicate a written notice to appear containing the name and address of such person,

the oNense(s) charged, and the time and place where and when such person shall appear in court. The

enforcement oMcer shall obtain the signature of the person being cited and shall deliver to him/her a copy of the

notice to appear. The remaining copies will be retained by the oMcer. The time speciKed in the notice to appear

must be at least forty-Kve days after the date of the arrest.

B. As an alternative to the procedure set forth in subsection A of this section, the city attorney may prepare a

criminal complaint and will handle the prosecution of the violation thereafter.

(Ord. 2250 NCS §3, 2006.)

commissions.

Except as expressly provided in this code, any conduct or activity that violates any rule or regulation adopted by

any subordinate board or commission established by the city council shall be prosecuted as an infraction if the

enforcement oMcer elects to pursue criminal enforcement of such violation. However, this provision shall not

apply to any rule, permit, condition or regulation adopted or imposed by the city council or the planning

commission, all of which may be charged and prosecuted as misdemeanors. (Ord. 2250 NCS §3, 2006.)