The URL can be used to link to this page

Home My WebLink About1980-12-16; City Council; 6459; Amendment to revise the penalty for violationsIn September of this year our office circulated the attached memorandum to the Mayor and Council to various departments including police and planning and the Manager's-office for comments before distribution to Council.' We received no comments from any of khe departments. The matters stated in the memorandum still hold true and there is continued enforcement of the code by this office. If council concurs with the recommendations contained in the memorandum its , action would be to introduce the attached ordinance. . Exhibits Memorandum from City Attorney dated September Ordinance No. . 8, 1980. Recommendation .This is a policy matter for Council to determine. 1 Note: City Staff concurs with Attorney's recommendation, Council Action: 12-16-80. Council introduced Ordinance No. 1236. 1-6-81 Council adopted Ordinance No. 1236. .... . I MEN0 RANDUM DATE : September 8, 1980 TO : Mayor and City Council FROM: City Attorney SUBJECT : CODE ENFORCEMENT Within the past two months there’s been a marked increase in the number of code enforcement requests forwarded to our office by various city departments. This increase has caused us to re- evaluate the penalties for criminal violations of those sections of the municipal Code which prohibit the doing of a certain act. The purpose of this memorandum is to acquaint the Council with three different penalty possibilities and to recommend a code amendment. If the Council concurs with the recommendation contained in this memorandum, its action would be to introduce the attached ordinance. Traditionally, the violation of a ‘city ordinance was designated by state law as a misdemeanor. The penalty for most misdemeanors, including city ordinances, is a $500.00 fine or six months in prison, or both. Although the state law was amended in 1974 to allow local ordinances to be prosecuted as misdemeanors or infractions, many cities continue to make violations of their municipal codes punishable as misdemeanors. Section 36900 now reads : A. Violation of a city ordinance is a misdemeanor unless by ordinance it is made an infraction . Such a violation may be prosecuted by city authorities in the name of the people of the State of California or redressed by civil actions. B. Every violation determined to be an infraction is punishable by: (1) A fine not exceeding $50.00 for a first violation. (2) A fine not exceeding $100.00 for a second violation of the same ordinance within a year. (3) A fine not exceeding $250.00 for each violation of this same ordinance within one year. Mayor and City Council -2- September 8, 1980 A quick survey of municipal codes shows that the cities of Carlsbad, Vista and La Mesa continue to deem violations of their codes misdemeanors. However, a number of cities are now taking advantage of the ability to make violations of the municipal code punishable as infractions. The cities of Chula Vista and El Cajon have made all violations of their municipal code infractions. The cities of San Diego and Oceanside have chosen the technique which combines both infractions and misdemeanors. is vested with the authority to charge an offense as either an infraction or a misdemeanor. In the City of Oceanside all offenses except those specifically noted are infractions unless the individual commits three or more violations of the same ordinance within one year of their violation. Subsequent violations are then charged as misdemeanors. In addition to the ability to charge the violation of an ordinance as a criminal offense, civil remedies, such as enjoining the activity as a public nuisance, remain available. In San Diego the City Attorney The Penal Code treats infractions and misdemeanors sub- stantially the same, but there are certain significant differences. of a jail sentence. Because there is no jail sentence, the Penal Code and the Courts have determined that an individual charged with an infraction does not have a right to a jury trial or court appointed counsel. In addition, because infractions carry lesser penalties, quilty pleas and bail forfeitures are more common. For these reasons infractions can be expeditiously processed through the judicial system with a substantial reduction in the amount of time the city's enforcement personnel are out of action while testifying. An infraction does not carry with it a possibility Generally the goal of the city in prosecuting municipal code violations is to ensure compliance with the code. Use of the infraction will accomplish this goal equally as well as a mis- demeanor prosecution because courts are reluctant to sentence municipal code offenders to jail and the fines actually imposed are practically the same. Each day the violation continues can be charged as a separate offense. Recalcitrant individuals can be charged with a misdemeanor when necessary. The attached ordinance makes all but the most serious municipal code violations (i.e.; fighting, discharging firearms, glue-sniffing and public nudity) infractions. The fourth violation of the same ordinance in a year would be a misdemeanor. code to charge offenses as infractions would not preclude the city from utilizing other enforcement techniques, such as the abatement of public nuisances when necessary. Amending the If you have any further ques City Attordy DSH/mla Attachment ?..I .* 1 2 3 4 5 6 7 8 9 10 11 19 20 21. 22 23 24 25 26 27 28 ORDINANCE NO. 1236 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AVENDING TITLE 1 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF CHAPTER 1.08 TO REVISE THE PENALTY FOR VIOLATICN OF C 1 TY ORD I NAN CE S . The City Council of the City of Carlsbad, Cs-lifornia does Drdain as follows: SECTION 1: That Title 1 of the Carlsbad Municipal Code is smended by the amendment of Chapter 1.08 to read as follows: "Chapter 1.08 PENALTY 3ections : 1.08.010 Penalties designated. ' 1..08.010 Penalties desianated. (a) Whenever In Chapters 8.12 3.16, e.24 and 11.28 of this &de any act is prohibited or is nade or declaied to be unlawful or an offense, or the doing of my act. is required or the failure to do any act is declared to ~e unlawful or a misdemeanor, the violation of any such provision is a misdemeznor and shall be punished by a fine not exceeding five hundred dollars or imprisonment for a term not exceeding six nonths, or by both such fine and imprisonment. :ode or in any other ordinance of the City, any act is prohibited Dr is made or declared to be unlawful or an offense, or the doing 3f any act, is required or the failure to do any act is declared to 38 unlawEul or a misdemeanor, the violation of any such provisions 3f the city is, unless otherwise stated in this section, an infraction and shall be punishable by: first viol ation; I second violation of the same ordinance within one year: for a third violaticn of the same ordinance within one year. Fhe fourth and each additional violation of the same ordinance vithin one year is a misdemeanor and shall be punished by a fine lot exceeding five hundred dollars or imprisonment for a term rlot Zxceeding six months, 01' hy both such fine and imprisoninent. (c) Each and every day during any portion of which any Jiolation of this code or any other ordinance of the city is :omitted, continued or permitted shall be a separate offense. (b) Except as provided in Subsection (a), whenever in this (1) A fine not exceeding fifty dollars for the (2) A fine not exceeding one hundred dollars for a (3) A fine not exceeding two hundred fifty dollars c c . 1 2 3 4 5 6 7 €! 9 10 11 12 9 19 20 21 22 23 24 25 26 27 2a (d) Payment of a fine shall not excuse payment of any fee required by this c0d.e or any other ci%y ordinance. (e) Nothing contained in this section shall preclude the city from enforcing the provisions of this code or any other ordinance through any other available methods including but not limited to abatement of public nuisances. in this code or any other city ordinances." (f) This section shall supersede all other penalty sections 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 aaoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the !6th day of December 1 1980 and -thereafter PASSED AND ADOPTED zit a regular meeting of said City Council held cn the 6th day of January , 1981 by the following vote, to wit: AYES : Council Members Casler, Anear, Lewis and Kulchin NOES : None ABSENT: Counci 1 Member Pac kard '(I<? RONALD C; PACKARD, Mayor MARY H. CASLER, Vice-Mayor ATTEST : 24 R& Icy A L. RAUTENKRANZ, City Clfrk ( SEAL 1 -2-