Any person violating, causing, or permitting the violation of this chapter shall be deemed guilty of a misdemeanor or an infraction, in the discretion of the prosecuting officer, and shall be punished by a fine, or by imprisonment in the county jail, provided, however, that any offense which would otherwise be an infraction shall constitute a misdemeanor if the defendant previously has been convicted of two or more violations of this chapter within the 12-month period preceding the commission of the instant offense, as alleged in the accusatory pleading. For purpose of this section, a bail forfeiture shall be deemed to be a conviction of the offense charged. (Ord. 2243, § 1, 4/24/2001)