HomeMy WebLinkAbout1989-05-23; City Council; 10050; AMENDING THE CARLSBAD MUNICIPAL CODE TO ADD CONDITIONAL SENTENCING AND PROBATION AS A SENTENCING OPTION*'
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CIWOF CARLSBAD - AGENWBILL A-
AB# la, oxo TITLE: AMENDING THE CARLSBAD MUNICIPAL CODE DEP
DEPT. CA
RECOMMENDED ACTION:
MTG. </s?/R? TO ADD CONDITIONAL SENTENCING AND PROBATIOF[CIT~
AS A SENTENCING OPTION CITY
If Council concurs your action is to introduce Ordinance
ITEM EXPLANATION
The majority of violations of the Carlsbad Municipal ( declared to be infractions. Infractions may not be pun
county jail but, instead, by an increasing system c resulting in a misdemeanor for the fourth violation of ' code within a one year period. State law has been amended a court to impose conditional sentencing or probatic sentencing option whenever it is authorized by any CI '#conditional sentence" means the suspension of the impos execution of a sentence subject to the conditions establ the court. This amendment would allow a court to i conditional sentence ordering a person to perform an act or from performing an act as a condition of sentencing. For
this amendment would allow a court to order a person to fence, wall, satellite dish, encroachment, etc. as a cond the payment of monetary fines.
FISCAL IMPACT
There may be additional compliance and a reduction of
lawsuits in the future resulting in a net decrease in st
expended on enforcement efforts. The exact extent of thi
impact is unknown at this time.
EXHIBIT
Ordinance No. A. Y- 7 0
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ORDINANCE NO. NS-70 -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 1, CHAPTER 1- 08 OF THE CARLSBAD MUNICIPAL CODE TO
ADD CONDITIONAL SENTENCING AND PROBATION AS A
SENTENCING OPTION.
The City Council of the City of Carlsbad,Califoi
ordain as follows:
SECTION I: That Title 1, Chapter 1.08 of the
Municipal Code by the addition of subsection 1.08.010 (b) (4:
as follows:
"(4) In addition to the monetary fines set fort
both conditional sentencing and probation are authoriz sentencing option in accordance with Penal Code Section 1
EFFECTIVE DATE: This ordinance shall be effectil
days after its adoption, and the City Clerk shall certif
adoption of this ordinance and cause it to be published
once in the Carlsbad Journal within fifteen days af
adoption.
INTRODUCED AND FIRST READ at a regular meetinc
Carlsbad City Council on the 23rd day of May
and thereafter
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- PASSED AND ADOPTED at a regular meeting of tl
Council of the City of Carlsbad on the 6th day of June
1989, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux i
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NOES : None
ABSENT: None
APPROVED AS TO FORM AND LEGALITY
ATTEST:
ALETHA L. hU$ENKRANZ, City\ Clerk
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