HomeMy WebLinkAbout05/15/1990, C-2 - AMEND THE SAN LUIS OBISPO MUNICIPAL CODE INCREASING THE MAXIMUM PENALTIES FOR INFRACTION VIOLATIONS MEETING DATE:
"'"a ►wnlllhp�� `I city of san Luis oeispo 5-15-90
COUNCIL AGENDA REPORT Imo"'NUMBER: .�
FROM: Jeffrey G. Jorgensen, City Attornel
SUBJECT: Amend the San Luis Obispo Municipal Code increasing the
maximum penalties for infraction violations.
CAO RECOMMENDATION:
Give Final Passage to Ordinance 1166 Increasing
the Maximum Penalties for Infraction
Violations.
SUMMARY DISCUSSION•
On May 1, 1990, the City Council passed to print an amendment of
the San Luis Obispo Municipal Code, Section 1. 12 .040, increasing
the maximum penalties for infraction violations to coincide with
the maximum allowed penalties provided in Government Code Section
36900, 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
cn Iivatdred dollars (,$lOff. 4 for a second conviction
within a period of one year', by a fine of not more than
eme hundred dollars and for a third or any
subsequent conviction within a period of one year by a
fine of not more than two _________ ____, five hundre.,_.
dollarsttt►D ' •
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:
Ordinance 1166 (1990 Series)
I
ORDINANCE NO. 1166 (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
roposedamendment 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) .
0 1166
Ordinance No. 1166 (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 1st day of
May , 1990, on motion Of Councilwoman Rappa ,
seconded by _ allor Dunin , and on the following roll
call vote:
-• 3 Ayes: Councilwoman Rappa, Mayor Dunin, Councilmembers Pinard, Reiss and Roalman
Noes: None
Absent: None
yor Ron Dunin
ATTE T:
City 'Clerk Pa Voges
Tj
AP
City mini rat vi a Officer
i A o e
l C�.
ief of Police
�-�- 3