Chapter 1, Article I, Section 1.7 of the FMC (“Section 1.7”) provides a general penalty for all violations of the FMC where a more specific penalty is not provided. Section 1.7, “General Penalty” reads:
Whenever in this code or in any other ordinance of the city, any act is prohibited or is made or declared to be unlawful or an offense, or the doing of any act is required or the failure to do any act is declared to be unlawful, the violation of such provision of this code or any city ordinance shall be an infraction where no specific penalty is provided therefor.
Every violation determined to be an infraction is punishable by (1) a fine not exceeding one hundred dollars ($100) for a first violation; (2) a fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance within one year; (3) a fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year.
Every day any violation of this code or any other ordinance of the city shall continue shall constitute a separate offense.
Any person who willfully violates his or her written promise to appear or a lawfully granted continuance of his or her promise to appear in court is guilty of a misdemeanor, regardless of the disposition of the charge upon which he or she was originally arrested.
An infraction is a violation of law punishable only by a monetary fine. It does not allow for non-monetary, alternative sentencing such as community court, community service, mental health court, or court ordered diversion.
A misdemeanor is a violation of law punishable by a monetary fine or up to six months in county jail. More importantly, a misdemeanor allows for alternative sentencing such as community court, community service, mental health court, and court ordered diversion. Misdemeanors also allow for a period of court probation, so the courts can monitor and help an individual receive the services they need.
By amending the general penalty in FMC Section 1.7 to allow for misdemeanor penalties for second or subsequent violations of the FMC, the City will have greater flexibility to address recurring issues with individuals who violate City ordinances. More important than jail time, the City seeks to have the flexibility to use the Court system to provide access to additional services to the neediest in our community such as community court, community service, mental health court, or court ordered diversion to community programs.
City staff recommends FMC Section 1.7 be amended as follows (changes are highlighted in yellow, with deleted sections stricken):
Whenever in this code or in any other ordinance of the city, any act is prohibited or is made or declared to be unlawful or an offense, or the doing of any act is required or the failure to do any act is declared to be unlawful, the violation for the first offense of such provision of this code or any city ordinance shall be an infraction punishable by a fine not exceeding $100. For a second and each subsequent offense of this Article within a one-year period, such violation may be prosecuted as either an infraction with a fine not exceeding $250, or as a misdemeanor punishable by a fine not exceeding $1000 or by imprisonment in the county jail not to exceed six months, or by both such fine and imprisonment. The District Attorney or City Prosecutor may prosecute violations under this Section.
Where a specific Section in this code provides for a specific penalty, that penalty shall control for that specific Section.
Every violation determined to be an infraction is punishable by (1) a fine not exceeding one hundred dollars ($100) for a first violation; (2) a fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance within one year; (3) a fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year.
Every day any violation of this code or any other ordinance of the city shall continue shall constitute a separate offense.
Any person who willfully violates his or her written promise to appear or a lawfully granted continuance of his or her promise to appear in court is guilty of a misdemeanor, regardless of the disposition of the charge upon which he or she was originally arrested.