HomeMy WebLinkAbout1982-04-20; City Council; 6984; Amendment to revise the penalty for violations- -
CIT, OF CARLSBAD AGENDA BILL
4B#-
IEPT. CA
flTG. 4-20-82
DEPT. HD.
CITY MGR. * AMENDMENT OF CHAPTER 1.08 OF THE
MUNICIPAL CODE RELATING TO PENALTIES
TITLE
CITY Am-
FOR CODE VIOLATIONS
RECOMMENDED ACTION:
Introduce Ordinance No. ]as2
ITEM EXPLANATION:
Occasionally the attorney's office reviews the code to determine whether certain offenses should be designated as infractions or misdemeanors. After discussion of the matter with the Fire Chief
and the Police Chief, we have determined that drinking on the beach and certa-in violations of the fire code relating to maintenance of fire hazards and false alarms should be misdemeanors. This amendment accomplishes that. It also deletes an out-dated section of the code. Making the stated sections misdemeanors allows the police to arrest and book persons alleged to have violated the section. Only the more serious violations of the code are designated misdemeanors. We have found that designation of most violations of the code as
infractions is sufficient to ensure code compliance. The
section being deleted made traffic violations infractions. It is obsolete because the same thing is done by Section 1.08.010.
FISCAL IMPACT:
None
EXHIBITS:
Ordinance No. 12sa .
ORDINANCE NO. * 1252 ’
AN ORDINANCE OF THE CITY COUNCIL OF THS CITY OF
CARLSBAD, AMENDING TITLE 1, CHAPTER 1-08 GT T2E
CARLSBAD MUNICIPAL CODE BY THE AMENDMEI;T OF
DESIGNATING THE PENALTIES FOR VIOLATI0L;S Or” T3E
CARLSBAD NUNICXPAL CODE.
The City Council of the City of Carlsbad, California,
SECTION 1.08.010 AND THE DELETION OF 1.08.Cp20
c
does ordain as follows:
SECTION 1: That Title 1, Chapter 1.08 is anended by
the amendment of subsection (a) of Section 1.08.010 to read as
follows:
(a) Whenever in Chapters 8.12, 8.16, 8.24, 8.44 azd 11-28, or as specified in Section 17.04.160 of this coee any azt 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 dc any act: is declared to be unlawful or a misdemeanor, t?.e
violation of any such provision is a misdemeanor and shall 3e
pvtnished by a fine not exceeding five hundred dollars or imprisonment for a term not exceeding six months, or by both s~ck fine and imprisonment.
SECTION 2: That Title 1, Chapter 1.08 of the Carlsbad
Municipal Code is amended by the deletion of Section 1.08.020.
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 pcblished at
least once in the Carlsbad Journal within fifteen days after its
adopt ion.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the 20th day of April I
1982, and thereafter
PASSED AND ADOPTED at: a regular meeting of said City
C.ounci.1 held on the 4th day of Pky I 1982, by
the following vote, to wit:
AYES :
NOES: None
Council Mers Packard, Casler, hear, Lmis and Kulchin
1 ABSENT: t
I
ONALD C. PACKARD, Mayor
ATTEST :
[SEAL)
..