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2 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />to have the public defender or other counsel appointed at public expense to represent him/her, <br />unless he/she is arrested and not released on his/her written promise to appear, his/her own <br />recognizance or a deposit of bail. However, any person who has previously been convicted two or <br />more times during any 12 -month period for any violation of this division for a crime made <br />punishable as an infraction shall be charged with a misdemeanor upon the third violation. <br />(c) Separate Offense; Cumulative Remedies. Each person committing, causing, or <br />maintaining a violation of this Chapter or failing to comply with the requirements set forth herein <br />shall be deemed guilty of a separate offense for each and every day during any portion of which <br />any violation of any provision of this Chapter is committed, continued, maintained, or permitted <br />by such person and shall be punishable accordingly. The remedies set forth in this Chapter are <br />cumulative and additional to any and all other legal remedies available whether set forth <br />elsewhere in the Colton Municipal Code, or in state or federal laws, regulations, or case law. <br />(d) Administrative Citations. In lieu of issuing a criminal citation, the city may issue <br />an administrative citation pursuant to Chapters 8.02 and 8.04 of the Colton Municipal Code to <br />any person responsible for committing, causing or maintaining a violation of this Chapter. <br />(e) Additional Penalties; Costs of Abatement. In any administrative, civil, or criminal <br />proceeding involving the abatement of a public nuisance, the City shall also be entitled to recover <br />its full reasonable costs of abatement, including, but not limited to, investigation, analysis, and <br />prosecuting the enforcement against the responsible party. The prevailing party in any <br />proceeding associated with the abatement of a public nuisance shall be entitled to recovery of <br />attorneys' fees incurred in any such proceeding, where the City has elected at the initiation of that <br />individual action or proceeding to seek recovery of its own attorneys' fees. <br />9.23.100 Seizure of evidence. <br />Any product(s) or substance(s) stored, possessed, provided, distributed or sold in violation <br />of any provision of this Chapter shall be seized by the enforcing officers and removed, stored and <br />disposed of in accordance with law. <br />9.23.110 Exclusions. <br />(a) This Chapter shall not apply to drugs or substances lawfully prescribed or to <br />intoxicating chemical compounds that have been approved by the Federal Food and Drug <br />Administration or which are specifically permitted by California law, including without <br />limitation, intoxicating chemical compounds that are specifically excepted by the California <br />Uniform Controlled Substances Act (Health and Safety Code § 11000 et seq.). <br />(b) This Chapter shall not apply to drugs or substances that are prohibited by state or <br />federal law, including without limitation, California Health and Safety Code §§ 11357.5, 11375.5, <br />11401 and the Federal Controlled Substances Act. <br />(c) This Chapter shall not be deemed to prohibit any act that is positively permitted, <br />prohibited or preempted by any state or federal law or regulation." <br />SECTION 4. CEOA. The City Council finds that this ordinance is not subject to the <br />California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Sections <br />-11- <br />