HomeMy WebLinkAbout05/01/1990, C-4 - AMEND THE SAN LUIS OBISPO MUNICIPAL CODE INCREASING THE MAXIMUM PENALTIES FOR INFRACTION VIOLATIONS e
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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 When originally enacted, 'Government Code Section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
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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
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G�
ief of Police
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