Loading...
HomeMy WebLinkAbout05/01/1990, C-4 - AMEND THE SAN LUIS OBISPO MUNICIPAL CODE INCREASING THE MAXIMUM PENALTIES FOR INFRACTION VIOLATIONS e �III^III� III vJ r � lU _ MEETING DATE: C� � S �s ���5� '/-/7-70 COUNCIL AGENDA REPORT ITEM NUMEgi FROM: Jeffrey G. Jargons e Prepared by: Cindy B. Clemens, City Attorney Assistant City Attorney SUBJECT: Amend the Ban Luis Obispo Municipal Code increasing the maximum penalties for infraction violations. CAO RECOMMENDATION: Adopt proposed ordinance increasing the maximum penalties for infraction violations. SUMMARY DISCUSSION: BACKGROUND: The maximum fine which a City ordinance can impose for an infraction violation is established by Government Code Section 36900(b) . When originally enacted, 'Government Code Section 36900(b) provided for a $50 fine for a first violation, a $100 fine for a second violation within one year, and a $250 fine for any additional violation within one year. In 1983, Government Code Section 36900(b) was amended to double the maximum fines for infraction convictions ($100 fine for a first violation, $200 fine for a second violation, and $500 for any additional violation) . The current infraction penalty provision in the San Luis Obispo Municipal Code (hereafter SLOMC) was modeled after the original version of Government Code Section 36900(b) . SLOMC Section 1. 12 .040 provides a maximum infraction penalty of $50 for the first conviction, $100 for a second conviction within a period of one year, and by a $250 fine for a third or any subsequent conviction within a period of one year. The maximum penalties have not been increased to coincide with the maximum allowed penalties provided in government Code Section 36900. CONCLUSION: The SLOMC should be amended as follows: 1. 12.040 Punishment for Infraction. Any person convicted of an infraction shall be punishable for a first conviction by a fine of not more than fifty 711 >i< txdollarsf <' tk ; for a second conviction within a period of onKK:e year, by a fine of not more than ene $ and for a third or any subsequent conviction within a period of one year by a fine of not more thanrt €'>ItTt dollars { SCt'r0 . Agenda Report::::.::::::...::::.:::>::::::::.::. Page Two ALTERNATIVES: Option 1: Adopt the proposed ordinance increasing maximum infraction penalties to the amounts approved in Government Code Section 36900 (b) . Option 2 : Do nothing. Maximum fines for infraction violations will continue to be less than permissible amount specified in government Code Section 36900(b) . FISCAL IMPACT: There may be a modest increase in revenue to the City, as any increased fines received will be apportioned, with 79% going to the City, and 21% going to the Municipal Court. However, the primary purpose for adopting the ordinance is to allow the City to seek higher fines for infraction violations, which may have an _ . increased deterrent effect. This will not require any additional expenditure of staff time. Attachments: Proposed Ordinance c-�-z CORDINANCE NO. (1990 Series) AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING MUNICIPAL CODE CHAPTER 1.12, SECTION 1.12.040, PUNISHMENT FOR INFRACTION WHEREAS, the City Council finds that the penalties currently imposed for infraction violations of the Municipal Code are inconsistent with Government Code Section 36900 (b) . In 1983, Government Code Section 36900 (b) was amended to increase the maximum fines for infraction violations of city ordinances: for a first violation from Fifty Dollars ($50.00) to One Hundred Dollars ($100.00) ; for a second violation within one year from One Hundred Dollars ($100.00) to Two Hundred Dollars ($200. 00) ; and for each additional violation within one year from Two Hundred Fifty Dollars ($250.00) to Five Hundred Dollars ($500. 00) . WHEREAS, the City Council finds that the following proposed amendment to Chapter 1. 12 would make it consistent with Government Code Section 36900 (b) ; BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1: Section 1. 12. 040 of the San Luis Obispo Municipal Code is hereby amended to read as follows: 1. 12.040 Punishment for Infraction. Any person convicted of an infraction shall be punishable for a first conviction by a fine of not more than one hundred dollars ($100.00) ; .for a second conviction within a period of one year, by a fine of not more than two hundred dollars ($200.00) ; and for a third or any subsequent conviction within a period of one year by a fine of not more than five hundred dollars $500.00) . Ordinance No. (1990 Series) Page Two SECTION 2: This ordinance, together with the names of Councilmembers voting for and against, shall be published once in full, at least three (3) days prior to its final passage, in the Telegram-Tribune, a newspaper published and circulated in this City. This ordinance shall go into effect at the expiration of thirty (30) days after its final passage. INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at its meeting held on the day of 1990, on motion of seconded by and on the following roll call vote: Ayes: Noes: Absent: Mayor Ron Dunin ATTEST: City Clerk Pam Voges AP C'ty in' native Officer i A d3 e G� ief of Police Coq