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O 457 C.S. " \' . . 263 ORDINANCE NO. 457 c.s. AN ORDINANCE OF THE CITY OF ARROYO GRANDE AMENDING CHAYI'ER 2 OF TITLE 1 OF THE ARROYO GRANDE MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES ORDAIN AS FOLLOWS: SECTION 1: Chapter 2 of the Title 1 of the Arroyo Grande Municipal Code is hereby repealed and the following substituted in its place: CHAYI'ER 2 PENALTY PROVISIONS Sections: 1-2.01 Violations - Misdemeanors and Infractions. 1-2.02 Violations - Aiding, Abetting, and Concealing. 1-2.03 Public Nuisance - Enforcement by Civil Action. 1-2.04 Imposition of Penalty. 1-2.05 Determination of Punishment. 1-2.06 Place of Confinement. 1-2.07 Fees, Charges, and Taxes Made a Civil Debt. Sec. 1-2.01 Violations - Misdemeanors and Infractions. (a) It is unlawful for any person to violate any provision or fail to comply with any of the requirements of this code. A violation of any of the provisions or a failure to comply with any of the requirements shall constitute a misdemeanor except for those specifically declared by this code to be an infraction. Notwithstanding any other provision of this code, any misdemeanor violation or failure to comply may, in the discretion of the city attorney, be initially charged or subsequently prosecuted as an infraction. Each and every infraction violation is punishable by a fine not exceeding one hundred dollars for a first violation; a fine not exceeding two hundred dollars for a second violation of the same ordinance within one year; and a fine not exceeding five hundred dollars for a third violation of the same ordinance within one year. Each and every misdemeanor violation is punishable by a fine not exceeding one thousand dollars, or by imprisonment in the City or County jail for a period not exceeding six months, or by both such fine and imprisonment. .. . ..' 264 . ORDINANCE NO. 457 C.S. (b) Each person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this code is committed, continued, or permitted by such person and shall be punishable accordingl y. Sec. 1-2.02 Violations - Aiding. Abetting. and Concealing. Every person who causes, aids, abets, or conceals the fact of a violation of this code is guilty of violating this code. Sec. 1-2.03 Public Nuisance - Enforcement by Civil Action. In addition to the penalties provided in this chapter, any condition caused 1 I or permitted to exist in violation of any of the provisions of this code shall be i deemed a public nuisance and may be, by this city, summarily abated as such, and I J every day such condition continues shall be regarded as a new and separate offense. Sec. 1-2.04 Imposition of Penalty. The provisions of this code which declare certain crimes to be punishable as therein mentioned devolve a duty upon the court authorized to pass sentence to determine and impose the punishment described. Sec. 1-2.05 Determination of Punishment. Whenever in this code the punishment of 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 described by this code. Sec. 1-2.06 Place of Confinement. Every person found guilty of violating any of the provisions of this code and sentenced to imprisonment shall be imprisoned in the City Jail or County Jail. Sec. 1-2.07 Fees. Charges. and Taxes Made a Civil Debt. The amount of any fee, service charge, utility charge, license, fine, or tax of any nature whatsoever imposed by any provision of this code shall be deemed a civil debt owing to the City. An action may be commenced in the name of the City in any court of competent jurisdiction for the collection of the amount of any such delinquent or unpaid fee, service charge, utility charge, license, fine, or tax, together with any penalties applicable thereto as prescribed by this code. The remedy prescribed by this section shall be cumulative, and the use of any action to collect such an amount as a debt by civil action shall not bar the use of any ..._, . . ORDINANCE NO. 457 C.S. 265 other remedy provided by this code or by law for the purpose of enforcing the provisions thereof. SECTION 2: This Ordinance shall become effective and be in full force and effect thirty (30) days after its passage and within fifteen (15) days thereof, it shall be published at least once in a newspaper of general circulation published and circulated in the city. On motion of Council Member .' Souza , seconded by Council Member Brandy , and on the following roll call vote, to wit: AYES: Council Members Brandy, Moots, Souza and Mayor Gallagher I NOES: None I ABSENT: Council Member Burke ! the foregoing Ordinance was passed and adopted this 12th day of ~ October , 1993. --( ATTEST: a.~ IS, CITY CLERK APPROVED AS TO FORM: I, NANCY A. DAVIS, city Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of california, do hereby certify under penalty of perjury that the foregoing Ordinance No. 457 C.S. was passed and adopted at a regular meeting of said Council on the 12th day of October , 1993. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 26th day of October , 1993. ~().~ NANCY A. VIS, CITY CLERK .~