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HomeMy WebLinkAbout04/02/2002, C8 - FINAL ADOPTION OF ORDINANCE NO. 1410, AMENDING MUNICIPAL CODE SECTIONS 1.12.060, 12.20.110, AND 12. i c o u n c i l Mm,Da�_n D� j aGEnba Report �mN G-� C I TY O F SAN L U I S O B I S P O FROM: a LeSage' Parks and Recreation Director Prepared By: randi Diffenderfer, Ranger Service Coordinator SUBJECT: FINAL ADOPTION OF ORDINANCE NO. 1410, AMENDING MUNICIPAL CODE SECTIONS 1.12.060, 12.20.110, AND 12.22.060 CAO RECOMMENDATION Adopt Ordinance No. 1410. DISCUSSION On March 19, 2002, the Council voted 5-0, to introduce Ordinance No. 1410 to print amending Municipal Code Sections 1.12.060, 12.20.110, and 12.22.060, to change parks and open space violations from misdemeanors to infractions. Ordinance No. 1410 is now ready for adoption and will become effective thirty days after the date of its final passage. ATTACHMENT Ordinance No. 1410 Electronic File Path: I://rangers/council items/Council Agenda Report-Final Adoption �.i ORDINANCE NO. 1410 (2002 Series) AN ORDINANCE OF THE COUNCIL OF THE.CITY OF SAN LUIS OBISPO AMENDING CHAPTERS 1.12, 12.20912.22 OF THE SAN LUIS OBISPO MUNICIPAL CODE,TO CHANGE PARKS AND OPEN SPACE VIOLATIONS FROM MISDEMEANORS TO INFRACTIONS BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Section 1.12.060 of the San Luis Obispo Municipal Code is hereby amended to read as follows: SECTION 1.12.060 DESIGNATION OF INFRACTIONS A. Wherever this code so specifies, a violation of this code shall constitute an infraction rather than a misdemeanor. B. In addition, a violation of any of the following provisions shall constitute an infraction; and not a misdemeanor: Chapter 3.04 and 3:08 - Tax Procedure: Chapters 10.04— 10.76 and 10.84 - Traffic Regulations; Title 6 - Animal Regulations; Chapter 12.24 - Tree Regulations; Chapter 3.01 - Business Tax; Chapter 3.12 -Uniform Sales and Use Tax; Chapters 12.04—12.16 - Street Excavations; Chapter 13.04- Public Utilities and Rates; Chapter 9.12 -Noise Control; Chapter 12.20 -Park Regulations; Chapter 12.22 - Open Space Regulations. (Ord. 1202 § 22, 1991; Ord. 1159 § 1, 1990: prior code § 1205) SECTION 2. Section 12.20.110 of the San Luis Obispo Municipal is hereby amended to read as follows: SECTION 12.20.110 ENFORCEMENT A. The police department shall have the primary responsibility for the enforcement of the provisions of this chapter. B. In addition, all personnel in the park and recreation department and all public works department personnel in the parks and building maintenance divisions shall have the duty to enforce the provisions of Sections 12.20.040 and 12.20.050. C. Violations under this chapter shall be designated as infractions. (Ord. 1309 § 11, 1996; prior code § 4226.10) Cg-� Ordinance No. 1410 (2002 Series) Page 2 SECTION 3. Section 12.22.060 of the San Luis Obispo Municipal Code is hereby amended to read as follows: SECTION 12.22.060 ENFORCEMENT The Parks and Recreation Department, through its park rangers, shall have the primary responsibility for the enforcement of the provisions of this chapter. Park rangers and city police officers shall have the authority to cite individuals found to be in violation of the provisions of this chapter. In addition, other city staff involved in the maintenance and operation of city open space lands shall have the authority to enforce the provisions of this chapter. Violations under this chapter shall be designated as infractions. (Ord. 1332 § 1 (part), 1998) SECTION 4. A summary of this ordinance, approved by the City Attorney,together with the names of the Council members voting for and against it, shall be published at least five days prior to its final passage, in the Tribune, a newspaper published and circulated in this City. This ordinance will go into effect at the expiration of thirty(30) days after its final passage. INTRODUCED on the 19th day of March 2002 AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the day of 2002, on the following roll call vote: AYES: NOES: ABSENT: Mayor Allen Settle ATTEST: Lee Price, City Clerk APPROVED AS TO FORM: -Leo�� *G.76jrge�ln, Vy Attorney