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HomeMy WebLinkAbout1984-08-07; City Council; 7844; Increasing fines for violations of municipal codeTITLE: INCREASING FINES FOR VIOLATIONS I OF THE CARLSBAD MUNICIPAL CODE 4B# 7wq MTG. 8/7/84 DEPT. I .I DEPT. HD. c CITY MGR.~&Y CITY AlTYv> RECOMMENDED ACTION: If Council concurs, your action is to introduce Ordinance No. . ITEM EXPLANATION In 1983 the State Legislature increased the penalty for violations of many state laws. The Legislature also authorized cities to double the penalty for violations of city ordinances. This legislation became effective January 1, 1984. Ordinance No. /a If/ will implement the new authority. The ordinance increases the fine for misdemeanor violations from $500 maximum to a $1,000 maximum. The fines for infractions increase from $50, $100 and $250 to $100, $200 and $500. The City Manager, Police Chief, Fire Chief and Director of Building and Planning have all reviewed and approved Ordinance No. 1274 FISCAL IMPACT Potential for increased revenue to City from fines and forfeitures. EXHIBIT Ordinance No. /27q .* 1 2 3 4 5 6 7 8 9 10 11 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 1274 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 AMENDMENT OF SECTION 1.08.010 TO DOUBLE THE FINES IMPOSED FOR VIOLATIONS OF THE PROVISIONS OF THE CARLSBAD MUNICIPAL CODE. The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: That Title 1, Chapter 1.08 of the Carlsbad Municipal Code is amended by the amendment of the first paragraph of Section 1.08.010 and Subsection (b) of 1.08.010 to read as follows: 1.08.010 Designated. (a) Whenever in Chapters 6.03, 8.12, 8.16, 8.24, 8.44, and 11.28, or as specififed in Sections 5.10.130 and 17.04.160 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. 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 within 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. (b) Except as provided in subsection (a), whenever EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall 1 2 3 4 5 6 7 a 9 10 11 v z u 18 19 20 21 22 23 24 25 26 27 20 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 7th day of August , 1984, and thereafter PASSED AND ADOPTED at a regular meeting of said Council held on the 14th day of Ausust , 1984, by the following vote, to wit: AYES: Council Mrs Casler, Lewis, K~ilchin, Chick and Prescott ABSENT: None - SLER, Mayor ATTEST : 3