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HomeMy Public PortalAbout13 Animal Control ViolationsTOWN OF TRUCKEE California ORDINANCE NO. 95-13 AN ORDINANCE OF THE TOWN OF TRUCKEE AMENDING MUNICIPAL CODE TITLE 1 (GENERAL PROVISIONS) CHAPTER 1.02 (VIOLATIONS) The Town Council of the Town of Truckee Does Ordain as Follows: Section 1. Enactment. Title 1 (General Provisions Chapter 1.02 Violations) of the Truckee Municipal Code is hereby amended as designated in Exhibit "A" attached hereto and incorporated herein. Section 2. Summary_ Publication and Posting. Within thirty (30) days after final adoption of this Ordinance, the Town Clerk shall have a summary of the ordinance prepared by the Town Attorney and published as required. Within fifteen (15) days after final adoption of this Ordinance, the Town Clerk shall have it posted in the three (3) public places designated by Resolution of the Council. The foregoing Ordinance was adopted at a regular meeting of the Town Council of the Town of Truckee, held on the 3rd day of August, 1995, by Council Member McCormack, who moved its introduction, which motion was seconded by Council Member Carpenter, was upon roll call carried by the following vote: AYES: Council Members Carpenter, Drake, Eagan, McCo.~aack & Mayor Cross NOES: None ABSENT: None Attest: Stephen L~'~d-ght, Town-'Oe~k Town Ordinance Page 2 CHAPTER 1.02 VIOLATIONS 1.02.010 Violation -- Infractions. (a) It shah be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this Code or the provisions of any Code adopted by reference by this Code or any provisions of any ordinance of the Town not included within this Code. Any person violating any such provisions of this Code or any Code adopted by reference by this Code or any other Town ordinance shall be guilty of an infraction, unless such violation is specifically designated as constituting a misdemeanor. Each such 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, or any provision of any Code adopted by reference by this Code, or of any other Town ordinance, is committed, continued, or permitted by such person, and may be punished accordingly. (b) Any provision or requirement of this Code or otherwise as referred to above, the violation of which or the failure to comply with which is designated as an infraction, shall be prosecutable as a misdemeanor upon a third violation and each violation thereafter of the same provision by the same individual. In addition, any such violation or failure to comply may be prosecuted originally as a misdemeanor in the discretion of the Town Attorney or any deputy district attorney, upon a showing by the enforcing agency of the seriousness of the particular alleged violation. 1.02.020 Aiding and abetting. Whenever any act or omission is made unlawful by this Code, it shah include causing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission. 1.02.025 Violations: misdemeanor or in_fr~ction. Whenever in this Code or in any other ordinance or resolution of the Town or in any order, rule or regulation issued or promulgated pursuant thereto, any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or the doing of any act is required or the failure to do any act is declared to be unlawful or an offense or a misdemeanor, any person who willfully violates any such ordinance, regulation or duty to act shall be charged with an infraction or a misdemeanor at the discretion of the District Attorney or the Town Attorney depending upon the prosecuting entity. 1.02.030 Establishment of offenses as infractions. Any violation expressly declared to be punishable, in the discretion of the court by either a fine, or by a fine or imprisonment, or both, shall become an infraction for all purposes under any of the following circumstances: (a) Where a judgment imposes a punishment of a fine not exceeding One Hundred Dollars ($100) in the case of a first offense; or Town Ordinance Page 3 Co) When the court grants probation to a defendant without the imposition of a sentence and, at the time of granting probation, or on application of the defendant or probation officer thereafter, the court declares the offense to be an infraction; or