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