1.04.010 VIOLATIONS—PENALTIES.

Except as may otherwise be provided in Chapter 8.02:

(a) The violation of any provision of this code, or other ordinance of the City, or failure to comply with any mandatory requirements thereof, may be prosecuted as an infraction and punishable by fine or as a misdemeanor and punishable by fine and/or imprisonment.

(1) A violation shall be deemed an infraction if a citation is issued specifying that the violation is an infraction, the City Attorney files a complaint in the Superior Court specifying that the offense is an infraction, or the City Attorney makes a motion to reduce a misdemeanor to an infraction prior to trial on the matter.

(2) A violation shall be deemed a misdemeanor if a citation is issued specifying that the violation is a misdemeanor or the City Attorney files a complaint in the Superior Court specifying that the offense is a misdemeanor.

(b) Failure to comply with any condition of a permit or entitlement granted by the City, or failure to secure a required permit, may be punishable as an infraction or misdemeanor per this section.

(c) Penalties for Infraction. The penalty for an infraction shall be a fine not exceeding $100.00 for a first conviction; a fine not exceeding $200.00 for a second conviction within one year; a fine not exceeding $500.00 for each additional conviction within one year.

(d) Penalties for Misdemeanor. The penalty for a misdemeanor, as authorized per State law, shall be a fine not to exceed $1,000.00 and imprisonment for terms not exceeding six months, or both.