Editor's Note: Part II of Chapter 1, previously codified herein and containing
portions of Ordinances 3331C.S. and 069-89C.S. was repealed and reenacted by
Ordinance 033-96C.S. — Effective October 23, 1996.
SEC. 1-010. CRIMINAL VIOLATIONS-MISDEMEANORS AND INFRACTIONS:
A. It shall be unlawful for any person to violate any provision or to fail
to comply with any of the requirements of this Code. Any person violating
any of the provisions, or failing to comply with any of the requirements
of this Code shall be guilty of a misdemeanor, except where it has been provided
by State Law or this Code that the violator shall be guilty of an infraction.
Any person convicted of a misdemeanor under the provisions of this Code shall
be punishable by a fine of not more than one thousand dollars ($1,000), or
by imprisonment in the County jail for a period not exceeding six (6) months,
or by both such fine and imprisonment.
B. Any person convicted of an infraction, shall be punishable by a fine only
as follows: Upon a first conviction, by a fine not exceeding one hundred dollars
($100), by a fine not exceeding two hundred and fifty dollars ($250) for a
second violation of the same ordinance within one year, and for a third conviction
or subsequent conviction within a period of one year, by a fine not exceeding
five hundred dollars ($500).
C. Violation of any of the provisions of Chapter 10 and Chapter 11 of this
Code shall be deemed to be an infraction unless otherwise provided in such
chapters.
D. Notwithstanding the above provisions, a violation of any provision of this
Code is an infraction when the prosecutor files a complaint charging the offense
as an infraction.
(Repealed and Reenacted by Ordinance 033-96C.S. — Effective October 23,
1996) (Amended by Ordinance 069-89C.S. — Effective December 7, 1989)
(Amended by Ordinance 3331C.S. — Effective July 3, 1980)
SEC. 1-010.1. SEPARATE OFFENSES:
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 is
committed, continues, maintained or permitted by such person and shall be
punishable accordingly.
(Repealed and Reenacted by Ordinance 033-96C.S. — Effective October 23,
1996)
SEC. 1-010.2. NO MANDATORY DUTY - CIVIL LIABILITY:
It is the intent of the City Council of the City of Stockton that any Municipal
Code provision establishing performance standards or establishing an obligation
to act by a City officer or employee, shall not be construed as creating
a mandatory duty for purposes of tort liability, if the officers or employees
fail to perform their directed duty or duties.
(Repealed and Reenacted by Ordinance 033-96C.S. — Effective October 23,
1996)
SEC. 1-010.3. VIOLATIONS - INJUNCTIONS AND CIVIL PENALTIES:
A. In addition to any other remedy provided by this Code, any provision of
this Code may be enforced by injunction issued by the Superior Court upon
a suit brought by The City of Stockton.
B. As part of a civil action filed to enforce provisions of this Code, a court
may assess a maximum civil penalty of one thousand dollars ($1,000) (up to
a maximum total of one hundred thousand dollars ($100,000) per violation of
the Municipal Code) for each day during which any person commits, continues,
allows or maintains a violation of any provision of this Code.
(Repealed and Reenacted by Ordinance 033-96C.S. — Effective October 23,
1996)
SEC. 1-010.4. JUDICIAL ABATEMENT:
Pursuant to state law, the City has the authority to judicially abate public
nuisances by filing criminal or civil actions. The City also has the authority
to make the expense of abatement of the nuisance a special assessment, or
a lien against the property on which it is maintained and/or a personal obligation
against the responsible person.
(Added by Ordinance 033-96C.S. — Effective October 23, 1996)
SEC. 1-010.6. TREBLE DAMAGES FOR SUBSEQUENT ABATEMENT JUDGMENTS:
Pursuant to state law, upon the entry of a third or subsequent civil or criminal
judgment within a two-year period that finds the same person responsible
for a condition that may be abated pursuant to this Code, a court may order
the Responsible Party to pay treble the costs of the abatement.
(Added by Ordinance 033-96C.S. — Effective October 23, 1996)
Stockton,
CA 
