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HomeMy WebLinkAbout0714ORDINANCE NO. 714 (1977 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING MUNICIPAL CODE ARTICLE 1, CHAPTER 2, PENALTY PROVISIONS. BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Municipal Code Article I, Chapter 2, Penalty Provisions, is hereby amended to read in full as follows: (See attached text.) SECTION 2., This Ordinance, together with the ayes and noes, shall be published once in full, at least three days prior to its final passage, in the Telegram Tribune, a newspaper published and circulated in said City, and the same shall go into effect at the expiration of thirty (30) days after its said final passage. INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at a Regular Meeting thereof held on the 16th day of August , 1977, on motion of Councilman Gurnee , seconded by Councilman Jorgensen , and on the following roll call vote: AYES: Councilmen Gurnee, Jorgensen, Petterson and Dfnin NOES: None ABSENT: Mayor Schwartz Mayor Pro -Tem Steve Petterson ATTEST: y C J.H. Fitzpatrick Approved as to content: Approved as to form: WENDT, MITCHELL, SINSHEIMER,, de la MOTTE & LILLEY City Attorney By Allen Grimes 0 City Administrative Of r U Chief o olice 0 714 X ARTICLE I, Chapter 2 PENALTY PROVISIONS SECTION 1200. VIOLATIONS PROHIBITED. 1201. VIOLATIONS AS MISDEMEANORS OR INFRACTIONS. 1202. PUNISHMENT FOR MISDEMEANOR. 1203. PUNISHMENT FOR AN INFRACTION. 1204. NATURE OF VIOLATION. 1205. DESIGNATION OF INFRACTIONS. 1206. PUBLIC NUISANCES. 1207. CONTINUING VIOLATIONS. 1208. ALTERNATE CIVIL REMEDIES. 1209. PROHIBITED ACTS. 1210. DETERMINATION OF PUNISHMENT. 1211. FEES, CHARGES, LICENSES, AND TAXES MADE A CIVIL DEBT. ARTICLE I, Chapter 2 PENALTY PROVISIONS SECTION 1200. VIOLATIONS PROHIBITED. No person shall violate,or fail to comply with, any provision or require- ment of this Code. SECTION 1201. VIOLATIONS AS MISDEMEANORS OR INFRACTIONS. The violation of any provision of this Code, of any ordinance of the City, or of any code adopted by reference in this Code, by any person is unlawful, and is punishable either by fine as an infraction, or by fine or imprisonment, or both, as a misdemeanor. SECTION 1202. PUNISHMENT FOR MISDEMEANOR. Any person convicted of a misdemeanor shall be punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment in the county jail for a period of not exceeding six (6) months, or by both such fine or imprisonment. SECTION 1203. PUNISHMENT FOR AN INFRACTION. Any person convicted of an infraction shall be punishable for a first conviction by a fine of not more than fifty dollars ($50.00); for a second conviction within a period of one year, by a fine of not more than one hundred dollars ($100); and for a third or any.subsequent conviction within a period of one year by a fine of not more than two hundred fifty dollars ($250). SECTION 1204. NATURE OF VIOLATION. Any person who shall violate, or fail to comply with any provision or requirement of this code, any ordinance adopted by the City, or I any code adopted by reference by this Code, shall be guilty of a misdemeanor unless such provision is specifically designated as constituting an in- fraction as provided for in Sections 16, 17, 19c and 19d of the Penal Code of the State of California, Section 36900 of the Government Code of the State of California, or Section 40000 of the Vehicle Code of the State of California, and as expressly specified in Section 1205 of this Chapter. Any provision or requirement of this Code designated as an infraction shall be prosecutable as a misdemeanor upon a third violation and each violation thereafter of the same provision by the same individual. In addition, any such provision or requirement may be prosecuted originally as a misdemeanor in the discretion of the City Attorney upon a showing by the enforcing agency of the seriousness of the particular alleged violation. SECTION 1205. DESIGNATION OF INFRACTIONS. A violation of any of the following provisions shall constitute an infraction, and not a misdemeanor: Article II, Chapter 5 Article III.V Article IV, Chapter 1 Article IV, Chapter 3 Article V, Chapter 1 Article VI, Chapter 1 Article VI, Chapter 4 Article VII, Chapter 3 Article VII, Chapter 4 Tax Procedure Traffic Regulations Animal Regulations Tree Regulations Trailer Parks and Trailer Business Licenses ( §6100 §6101 Uniform Sales and Use Tax Street Excavations Coaches et seq., only, not et seq.) Public Utilities and Rates SECTION 1206. PUBLIC NUISANCES. In addition to other penalties provided by law, any condition caused or permitted to exist in violation of any provision of this Code shall be deemed a public nuisance and may be summarily abated as such by the City, and each day such condition continues shall constitute a new and separate offense. SECTION 1207. CONTINUING VIOLATIONS. It shall constitute a new and separate offense for each and every day during any portion of which a violation of, or failure to comply with, any provision or requirement of this Code is committed, continued, or permitted by any person and shall be punished accordingly. SECTION 1208. ALTERNATE CIVIL REMEDIES. In addition to the penal provisions provided in this Chapter, and completely separate therefrom and cumulative thereto at the sole discretion of the City, the City may institute appropriate civil actions or'proceedings in a court of competent jurisdiction for the abatement, removal, and enjoin- ment of any condition or activity declared by this Code to be a public nuisance or found and declared by the Council to be a public nuisance after a duly noticed hearing. SECTION 1209. PROHIBITED ACTS. Whenever in this Code any act or omission is made unlawful, it shall include causing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission. SECTION 1210. DETERMINATION OF PUNISHMENT. Whenever in this Code the punishment for a crime is left undetermined between certain limits, the punishment to be inflicted in a particular case shall be determined by the court to pass sentence, within such limits as may be prescribed by this Code. SECTION 1211. FEES, CHARGES, LICENSES, AND TAXES MADE A CIVIL DEBT. The amount of any fee, service charge, utility charge, license, or tax of any nature whatsoever imposed by any provision of this Code shall be deemed a civil debt owning to the City. An action may be commenced in the name of the City in any court of competent jurisdiction for the collection of the amount of any delinquent or unpaid fee, service charge, utility charge, license, or tax, together with any penalties applicable thereto as prescribed by this code. The remedy prescribed by this Section shall be cumulative, and the use of an action to collect such an amount as a debt by civil action shall not bar the use of any other remedy provided by this Code or by law for the purpose of enforcing the provisions thereof. Ordinance No. 714 FINALLY PASSED this 6th day of September 1977 , on motion of Councilman Petterson seconded by Councilman Jorgensen on the following roll call vote: AYES: Councilmen Petterson, Jorgensen,.Dunin and Mayor Schwartz NOES: None ABSENT: Councilman Gurnee ATTEST: J '15Matrick, CITY CLERK December 13, 1977 MEMORANDUM: To . City Administrative Officer for the Mayor and City Council From . City Attorney Allen Grimes Subject . Punishment for misdemeanors We made an error in drafting Ordinance No. 714 which was adopted this year to revise the penalty provisions of the Municipal Code. Section 1202, prescribing the punishment for a misdemeanor was amended to provide a maximum penalty of $500 or by imprisonment in the county jail not exceeding 6 months, or by both such fine or imprisonment. Section 1503 of the City charter provides for a maximum penalty for violation of the charter or City ordinances of a fine not exceeding $1000 or by imprison- ment for a term not exceeding one year or by both such fine and imprisonment. The accompanying ordinance reestablishes the charter penalty provisions. AG:ktm enc. December 13, 1977 To City Council: Recommend introduction of ordinance. RDM:mp