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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