Chapter 1.12 - GENERAL PENALTY2

Editor's note—  For statutory authority of a county to make and enforce within its limits, ordinances and regulations not in conflict with general law, see Const. Art. 11 § 7; for the definition of misdemeanor, see Penal Code § 17; for the statutory provisions regarding confinement in the county jail as punishment for misdemeanors, see Penal Code §§ 19 and 19a.

Sections:


1.12.010 - Designated.

Unless otherwise specifically provided, any person violating any provisions or failing to comply with any of the mandatory requirements of this code shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under this code shall be punished by a fine of not more than one thousand dollars or by imprisonment not to exceed six months, or by both such fine and imprisonment.

Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of this code is committed, continued or permitted by any such person, and he shall be punished accordingly.

(Ord. 378A, 1985; Ord. 378 § 1, 1973).

1.12.020 - Infraction.

Notwithstanding any other provision of this code, any violation of this code may be charged as an infraction as defined by Penal Code § 19(c).

(Ord. 451 § 1, 1980).

1.12.030 - Punishment.

Every person convicted of an infraction for a violation of this code shall be punished as specified in Government Code § 25132.

(Ord. 451 § 2, 1980).

1.12.040 - Arrest powers, infractions.

The road commissioner, county engineer/surveyor, director of environmental health and sanitation, planning director, animal control officer, director of the California State Department of Forestry, and tax collector-treasurer, and their duly appointed assistants and deputies (hereinafter collectively referred to as "county official") are authorized to arrest a person without a warrant whenever said official has reasonable cause to believe that the person to be arrested has committed a misdemeanor or infraction in the official's presence which is a violation of an ordinance which such official has a duty to enforce.

These county officials, for purposes of this code, shall not be considered to be peace officers.

(Ord. 451-A § 1, 1983: Ord. 475 § 3, 1983: Ord. 451 § 3, 1980).

1.12.050 - Arrest procedure.

Arrest by county officials as provided in this chapter shall be in accordance with the provisions of Chapter 5, Title 3, Part 2 (commencing with Section 833), of the Penal Code.

(Ord. 451 § 4, 1980).

1.12.060 - Citation release.

Any person arrested by any county official pursuant to the provisions of this chapter who does not demand to be immediately before a magistrate shall be released according to the provisions of Chapter 5C, Title 3, Part 2 (commencing with Section 853.5), of the Penal Code.

(Ord. 451 § 5, 1980).

1.12.070 - Inapplicability to peace officers.

Nothing contained in this chapter shall affect the arrest authority or procedures applicable to peace officers as defined in the Penal Code.

(Ord. 451 § 6, 1980).

1.12.080 - Violation of code—Nuisance—Civil penalty.

A.   Any violation of or failure to comply with any provision of the Madera County Code is declared to be a nuisance. After notice of such violation or failure to comply, it shall be a separate offense for each day on which that person intentionally commits or permits additional acts in violation of that provision.
B.   Any person who violates or fails to comply with any provision of the Madera County Code, shall be liable for a civil penalty not to exceed two thousand five hundred dollars for each violation and a total of ten thousand dollars for related multiple violations on a single parcel of property by any one person.

(Ord. 451B § 1, 1998).