HomeMy WebLinkAbout1979-09-18; City Council; 5994; Providing for designation of certain violationsCITY OF CARLSBAD
NO. Ln9f AGENDA BILL
DATE : 'September 18, 1979
DEPARTMENT: City Attorney
Initial:
Dept. Hd
C. Atty
C, Mgr.
Subject : PROVIDING FOR THE DESIGNATION OF CERTAIN
VIOLATIONS OF THE CARLSBAD MUNICIPAL CODE AS INFRACTIONS.
Statement of the Matter
Our office is recommending that violations of certain Municipal Code Sections be made infractions rather than misdemeanors. A memorandum from this office to the City Manager discussing the reasons for the changes in
designation is attached.
This proposed ordinance will make most violations of
Title 10 of the Carlsbad Municipal Code infractions rather than misdemeanors. It will also make violation of Section 11.24.110 surfing in a restricted area, an infraction. Violations of all other sections of the Municipal Code will remain as misdemeanors as will violations of Chapter 10.12 of Title 10. Chapter 10.12 governs the authority of Police and Fire Officials to direct traffic and with obedience to such directions.
It also governs accident reports. Because Title 10
regulates traffic in the City in a manner similar to
the State Vehicle Code, the penalties for the violations
should be similar. Most vehicular violations of the
Vehicle Code are infractions. The few vehicular misdemeanors
involve such violations as driving under the influence
of alcohol or drugs, reckless driving, racing, disobeying an order of a law enforcement officer, or giving a false report. Generally the classification as misdemeanor is reserved for more serious offenses or for situations
in which the interest of the state in compliance is high, such as driving on an expired or revoked license.
The basic difference between a misdemeanor and an infraction is a person may go to jail for a misdemeanor and, therefore,
has the right to a jury trial. Infractions carry no jail
sentence and may be tried by a judge only.
Exhibits
Memorandum from City Attorney to City Manager dated 8/23/79.
Ordinance No. )a 2 / .
Recommendation
If the City Council concurs, your action is to introduce
Ordinance No. /a 1 . I
AGENDA BILL NO. 5994 Page 2
Council Action:
9-18-79 Council introduced Ordinance 1221 , amending the Municipal Code to provide for the designation of certain violations of the Code as infractions.
By consensus, Conncil directed staff to review the current bail fees to insure they cover expenses, and to make such changes as may be required.
10-2-79 Council adopted Ordinance 1221.
MEMORANDUM
DATE : August 23, 1979
TO : City Manager
FROM: City Attorney
SUBJECT: REVIEW OF BAIL SCHEDULE--INFRACTIONS
Every year the Municipal Court asks my office to review and update the City's Bail Schedule. In the past, we have asked the Police Chief for his recommendation and then replied
directly to the Court. Because of the sisnificant increase in the number of cases being prosecuted by our office, this memo is to request some additional policy guidance before making our recommendations for this year.
The Bail Schedule has been reviewed by the Assistant City Attorney. He has recommended two changes in the amount of bail resulting from new violations. Please let us know if
you want any of the other amounts adjusted.
As you know, the Penal Code allows a City to elect to treat
certain Municipal Code violations as infractions, rather
than as misdemeanors. Carlsbad has never elected to take
advantage of this provision. It has been suggested by my
office on several previous occasions, but we did not pursue
it because the suggestion was not viewed with favor by the
Police Department. On the attached copy of our Bail Schedule we have indicated our recommendation that violation of a
number of Municipal Code sections be changed to an infraction.
A misdemeanor is punishable by a fine not to exceed a thousand dollars and confinement in the County Jail not to exceed six months. Government Code Section 36900 provides that an
infraction is punishable by a fine not to exceed fifty dollars for a first violation, a fine not exceeding one hundred dollars €or a second violation of the same ordinance within one year and a fine not exceeding two hundred-fifty dollars for each additional violation of the same ordinance within one year. As
a practical matter, the primary difference is that you can go
to jail for a misdemeanor but not for an infraction. An
infraction is significantly easier to prosecute because the defendant is limited to a court trial. The usual case can be
City Manager -2- August 23, 1979
heard in less than ten minutes. A defendant in a misdemeanor
case has a right to a jury trial which can take up to a day or more. The savings to the public from the infraction procedure is obvious. It also helps the City because the officer is able to spend more time in the field and less time in court.
In my opinion, treating violations as petty as crossing
the parking line, which carries a five dollar fine, as a misdemeanor, is simply not appropriate. I don't think any reasonable person would describe a violator as a criminal. Attempting to invoke misdemeanor penalties in violations
of that type detracts from our efforts to deal with conduct such as discharging a firearm within City limits, which may in some cases call for those type of sanctions. Treating everything as a misdemeanor also serves no use-
ful purpose. There is absolutely no possibility that the
court would ever put a person in jail for a parking violation.
A five dollar parking ticket will be treated by the court as a five dollar parking ticket regardless of how it is characterized by the City.
It is my understanding that cities have generally made wide use of the infraction process, a number to the extent of making all Municipal Code violations infractions. We do not recommend that approach because in some cases the fine is simply not sufficient sanction to ensure compliance. However, we are recommending that the Municipal Code be amended to make a number of essent3ally minor traffic and parking violations infractions. We would appreciate your views at your earliest
convenience. The Bail Schedule must be returned to the court
no later than October 1, 1979.
VINCENT F. BIONDO, JR. City Attorney
VFB/mla
Attachment
cc: Police Chief
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September 15, 1978 -e 4; * -I - f-'
CARL S RAD MU N IC I PAL CODE t iiAIL. .SCFI'23UllE _____- --
Municipal Ordinance
Code Section Number Violation
[PI) 5 - 10 - 130 1194-1 (1976) .Bingo Licens.e
1204 (1977)
Bail
$ 50.00
(M) 5-20.130 1610 - 14 Taxi Driver Permit 50.00
(18 7.08-010 3086 Dog License Required (Co-Ord. 62.606) LO.00
(M) 7-08.010 3086 Restraint of Dogs (Co-Ord.62.614) 25 -00
(M) 8.16-010 3010 . 1 50-00
(M) 8.32 - 010 6038.1
(LF!) g.ag.ttqa 31i3
permission 25.00
(M) 8.36.010 3075 . 2 Pitching tent in public place 25.00
(M) 8.36.020 3075.3 Sleeping in tent or vehicle, or in
public place between 7 P-14, & 7 A.11- 25.00
(14) 8 - 44.020 3106.1 Drinking Alcoholic Beverages on the
. Beach 25.00
(14) 8.48.010 3109 Excessive or offensive construction
noise . 25-00 .- . - _- c@) 10.28.040 3031.1 Failure to obey school. crossing guard .10.00
z([) 10.40-041' 3008 (1972)
--- nri =ET:? p~~~e-ppn+ 25,nn
Vehicles prohibited in business district 10.00
Truck routes 10,oo
Riding horse on sidewalk 10.00
Prohibited purposes for parking on
roadway 10.00
(1) Loading or unloading from any
commercial vehicle in unauthorized
zones L0,OO
(2) Displaying such vehicle for sale 10.00
by an emergency 10-00
(3) Washing, greasing or repairing such
vehicle except repairs necessitated
(I) Tow away E/S Carlsbad 3lvd- at
(2) Tow away W/S Carlsbad Blvd. ??/E
campgrounds . 5.00
campgrounds 5. o'a
Nuni'ci'pal . Ordinance
Code- Section Nunber -
10.40.042 3089 (1972)
/ 10.40-055 3005-64
10.40.060 $- 3071.1
3005-65
10.40-065 f 3005-66
10-40.075 5 3037.1
10.40-090 3005
10-40.115 $- 3005.73
10,4O.l25 5 3005.75
10,40,130 6 3018.1
c 10-40-145 1/ 3005.77
..k
/ 11.24.130 J/ 3091 (1972)
11-24-110 )-' 3033-2
3083.3 (1970)
r
(MI 11.28.040 3103
Violation Bail
Tow away W/S Carlsbad Blvd, Terramar 5-00
.No Parking where posted 5.00
Unlawful parking of vehicles of peddlers and vendors 10 .oa
Disobeying emergency traf f ic signs 5 -a0
Three hour parking limit (Comercial vehicle) 5-00
No parking at red curb
No parking in alley
Two-hour parking limit
No parking 3 A-M. - 5 A.M. where posted
Angle parking - infringing on markings
Illegal parking, beach and park area
Surfers in restrictive area I1 A.N. ... -
5 P-M. .I_
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5-00
5-00
5-00
5;OO
5-00
5-00
10.00
50.00
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ORDINANCE NO. 1221
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, AMENDING
TITLE 1, CHAPTER 1.08 OF THE CARLSBAD
MUNICIPAL CODE BY THE ADDITION OF SECTION 1.08.020 TO PROVIDE FOR THE DESIGNATION OF CERTAIN VIOLATIONS OF
THE CARLSBAD MUNICIPAL CODE AS INFRACTIONS.
The Ci-y Coun.cil of the City of Carlsbad, California
does hereby ordain as follows:
SECTION 1: That Title 1, Chapter 1.08 of the Carlsbad
Municipal Code is amended by the addition of Section 1.08.020
to read as follows:
"1.08.020 Infractions. (a) Notwithstanding Section
1.08.010 whenever in Title 10 of this Code any act is prohibited or is made or declared to be unlawiul or an offense, or the doing of any act is-required or failure to
do any act is declared to be unlawful, when no specific
penalty is provided therefor, or doing or failing to do any act is not specifically declared to be a misdemeanor, the violation of any such provision of Title 10 of this Code shall be deemed an infraction and the penalty therefor shall
be imposed pursuant to this section.
(b) Notwithstanding Section 1.08.010, the violation of
Title 11, Chapter 11.24, Section 11-.24.110 of this Code, shall be deemed an infraction. (c) Every violation of this Code declared to be an infraction is punishable by:
first violation.
a violation of the same ordinance within one.year.
for each additional violation of the same ordinance within one year. 'I
(1) A fine not exceeding fifty dollars for the
(2) A fine not exceeding one hundred dollars for
(3) A fine not exceeding two hundred-fifty dollars
EFFECTIVE DATE: This ordinance shall be effective
thirty days after its adoption, and the City Clerk shall
certify to the adoption of this ordinance and cause it to be
published at least once in the Carlsbad Journal within
fifteen days after its' adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the 18th day of September ,
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1979 and thereafter
PASSED AND ADOPTED at a regular meeting of said City
Council held on the 2nd day of October , 1979 by the
following vote, to wit:
AYES : Councilmen Packard, Anear, Lewis and
NOES : None Councilwoman Casler
ABSENT: Councilman
RONALD C. PACXARD, Mayor
ATTEST:
(SEAL)
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