HomeMy WebLinkAbout2005-09-13; City Council; NS-772; Make Municipal Code Consistent with Health and Safety Code...1
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ORDINANCE NO. NS-772
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING SECTION 17.04.070 OF THE
CARLSBAD MUNICIPAL CODE.
WHEREAS, the City of Carlsbad incorporated the 2001 edition of the California Fire
Code on October 22, 2002, Carlsbad Municipal Code Section 17.04.010; and
WHEREAS, the Municipal Code does not provide for penalties in State regulated
occupancies or buildings in violation of the Carlsbad Municipal Code. Health and Safety
Code Section 131 12 states that “every person who violates any provision of this chapter, or
any order, rule, or regulation made pursuant to this chapter, is guilty of a misdemeanor
punishable by a fine of not less than one hundred dollars ($100) or more than five hundred
dollars ($500), or by imprisonment for not more than six months, or by both.” In order to be
consistent with State statute, Section 17.04.070 should be amended.
WHEREAS, for violations of the California Fire Code, 2001 edition, not regulated by
the State, the penalty for violation may be infraction@) or misdemeanor, whichever is most
appropriate.
NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as follows:
SECTION 1: That Section 17.04.070 of the Carlsbad Municipal Code is amended to
read as follows:
”1 7.04.070 Violations. Occupancies regulated by the State, pursuant to Section
13112 of the Health and Safety Code, the minimum penalty is a misdemeanor. For
violations of the California Fire Code not regulated by the State, the penalty may be
infraction(s) or misdemeanor citations, whichever is most appropriate.”
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EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption;
and the city clerk shall certify the adoption of this ordinance and cause it to be published at
least once in a newspaper of general circulation in the City of Carlsbad within fifteen days
sfter its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council
3n the 6th day of SEPTEMBER ,2005, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the City
3f Carlsbad on the 13th day of SEPTEMBER ,2005, by the following vote, to wit:
AYES:
VOES: None
4BSENT: None
Council Members Lewis, Hall, Kulchin , Packard , Sigaf oose
APPROVED AS TO FORM AND LEGALITY:
n
RONATD & R. BALL, City Q.L Attorney q- 1 y- o
ATTEST:
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