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HomeMy WebLinkAbout2007-10-16; City Council; NS-861; Clarifying Certain Violations as Misdemeanors...1 2 3 CODE CLARIFYING CERTAIN VIOLATIONS AS MISDEMEANORS 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 EXHIBIT 1 ORDINANCE NO. NS-861 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CHAPTER 1.08 OF THE CARLSBAD MUNICIPAL The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: That Chapter 1.08, Section 1.08.010 of the Carlsbad Municipal Code is amended to read as follows: CHAPTER 1.08 PENALTY Sections: 1.08.010 Designated 1.08.010 Designated (a) Whenever in Chapters 6.03, 7.08, 8.12, 8.16, 8.44, 8.50, 11.28 and 15.12, or as specified in Sections 1.13.040, 5.10.130, 6.04.130, 8.17.200A1, 8.17.200A2, 8.17.200A3, 8.17.200A4 and 17.04.070 of this code any act is prohibited or is made or declared to be unlawful or an offense, or the doing of any act is required or the failure to do any act is declared to be unlawful or a misdemeanor, the violation of any such provision is a misdemeanor and shall be punished by a fine not exceeding one thousand dollars or imprisonment for a term not exceeding six months, or by both such fine and imprisonment unless some other fine or penalty is stated in said chapter or section. (b) Except as provided in subsection (a), whenever in this code or in any other ordinance of the city any act is prohibited or is made or declared to be unlawful or an offense, or the doing of any act is required or the failure to do any act is declared to be unlawful or a misdemeanor, the violation of any such provision of the city is, unless otherwise stated in this section, an infraction and shall be punishable by: (1) A fine not exceeding one hundred dollars for the first violation; (2) A fine not exceeding two hundred dollars for a second violation of the same ordinance within20 one year; (3) A fine not exceeding five hundred dollars for a third violation of the same ordinance within one year. The fourth and each additional violation of the same ordinance within one year is a misdemeanor and shall be punished by a fine not exceeding one thousand dollars or imprisonment for a term not exceeding six months, or by both such fine and imprisonment; (4) In addition to the monetary fines set forth above, both conditional sentencing and probation are authorized as a sentencing option in accordance with Penal Code Section 1203(a). (c) Each and every day during any portion of which any violation of this code or any other ordinance of the city is committed, continued or permitted shall be a separate offense. (d) Payment of a fine shall not excuse payment of any fee required by this code or any other city ordinance. (e) Nothing contained in this section shall preclude the city from enforcing the provisions of this 26 code or any other ordinance through any other available methods including but not limited to abatement of public nuisances. (Ord. NS-811 § 4, 2006: Ord. NS-394 § 1, 1997; Ord. NS-70 § 1, 27 1989; Ord. 1296 § 1, 1987; Ord. 5071 § 2, 1986; Ord. 1278 § 2, 1985; Ord. 1274 § 1, 1984; Ord. 00 6068 § 1,1983; Ord. 5064 § 1, 1983; Ord. 1252 § 1, 1982; Ord. 1236 § 1,1980)28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT 1 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 after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 9th day of October, 2007, and thereafter. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 16th day of October, 2007, by the following vote, to with: AYES: Council Members Lewis, Kulchin, Hall, Packard, Nygaard NOES: None ABSENT: None APPROVED AS TO FORM AND LEGALITY I ^-gg t=>(y D R. BALL, City Attorney CLAUDE A. LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk . U