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Whenever any act is prohibited by Section 5-12, or is made or declared to be unlawful, or an offense or the doing of any act is required or the failure to do any act is declared to be unlawful, the violation shall be punished by a fine not exceeding five hundred ($500.00) dollars or imprisonment in the County Jail for a period not to exceed six (6) months, or by both such fine or imprisonment; provided, nevertheless, that any such aforesaid violation or offense may be deemed an infraction as defined by Section 19C of the California Penal Code and charged as such in the discretion and at the election of the City prosecuting attorney, in which event the punishment therefor shall not be imprisonment, but a fine not to exceed the amounts specified by Government Code Section 36900 as then in effect. (Ord. #67, S2)