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Home My WebLink About2007-10-09; City Council; 19200; Updating Municipal Code Clarifying MisdemeanorsCITY OF CARLSBAD - AGENDA BILL AB# 19,200 MTG. 10/09/07 DEPT. CA AN ORDINANCE UPDATING MUNICIPAL CODE CHAPTER 1.08 BY AMENDING SECTION 1.08.010 DEPT. HEAD CITY ATTY. ^^r CITYMGR. l^rfL^ RECOMMENDED ACTION: Introduce Ordinance No.NS-861 _ of the City Council of the City Of Carlsbad, California, Amending Chapter 1.08 of the Carlsbad Municipal Code Clarifying Certain Violations as Misdemeanors. ITEM EXPLANATION: Occasionally the City Attorney's Office reviews the Municipal Code to determinate whether any out-dated sections of the Code are still referenced or cited. In 2005 Chapter 17.04 - Fire Prevention, Section 17.04.070 (Violations) was amended that created certain violations to be misdemeanors. However, Chapter 1.08 (Penalty), Section 1.08.010 retained the old and now out-dated section 17.04.160. This ordinance updates Section 1.08.010 to reflect the proper Section 17.04.070. This ordinance also corrects two typographical errors that were discovered after the 2006 adoption of the Special Events Ordinance that amended Chapter 8.17. Section 1.08.010(a) referred to two sections as 18.17.200 (A3 and A4) instead of 8.17.200 (A3 and A4), and it added parenthesis to the subsections of 8.17.200 where parenthesis were not required. Thus, this ordinance corrects those typographical errors. FISCAL IMPACT: There is no fiscal impact by introducing or adopting this ordinance. ENVIRONMENTAL IMPACT: Pursuant to Public Resources Code section 21065 and CEQA Guidelines section 15738, this amendment does not constitute a "project" within the meaning of CEQA and therefore, does not require an environmental review. DEPARTMENT CONTACT: Paul Edmonson, Deputy City Attorney 760.434.2891 FOR CITY CLERKS USE ONLY. COUNCIL ACTION:APPROVED H DENIED D CONTINUED D WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D EXHIBITS: 1. Ordinance No. NS-861 of the City Council of the City Of Carlsbad, California, Amending Chapter 1.08 of the Carlsbad Municipal Code Clarifying Certain Violations as Misdemeanors. 2. Strikeout version of Chapter 1.08 of the Carlsbad Municipal Code (current) with proposed changes. 1 2 ORDINANCE NO. NS-861 3 4 CODE CLARIFYING CERTAIN VIOLATIONS AS MISDEMEANORS 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 22 EXHIBIT 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CHAPTER 1.08 OF THE CARLSBAD MUNICIPAL The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: That Chapter 1.08, Section 1.08.010 of the Carlsbad Municipal Code is amended to read as follows: CHAPTER 1.08 PENALTY Sections: 1.08.010 Designated 1.08.010 Designated (a) Whenever in Chapters 6.03, 7.08, 8.12,8.16, 8.44, 8.50, 11.28 and 15.12, or as specified in Sections 1.13.040, 5.10.130, 6.04.130, 8.17.200A1, 8.17.200A2, 8.17.200A3, 8.17.200A4 and 17.04.070 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. (b) Except as provided in subsection (a), whenever 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 within21 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 or23 imprisonment for a term not exceeding six months, or by both such fine and imprisonment; (4) In addition to the monetary fines set forth above, both conditional sentencing and probation are 24 authorized as a sentencing option in accordance with Penal Code Section 1203(a). (c) Each and every day during any portion of which any violation of this code or any other 25 ordinance of the city is committed, continued or permitted shall be a separate offense. (d) Payment of a fine shall not excuse payment of any fee required by this code or any other city 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. (Ord. NS-811 § 4, 2006: Ord. NS-394 § 1,1997; Ord. NS-70 § 1, 28 1989; Ord. 1296 § 1, 1987; Ord. 5071 § 2, 1986; Ord. 1278 § 2, 1985; Ord. 1274 § 1, 1984; Ord. 6068 §1,1983; Ord. 5064 §1,1983; Ord. 1252 § 1,1982; Ord. 1236 § 1, 1980) 3 1 2 a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption.o INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on4 the 9th day of October . 2007, and thereafter. 5 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad 6 on the day of , 2007, by the following vote, to with: 7 8 g 10 11 20 21 22 23 24 25 26 27 28 EXHIBIT 1 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption and the City Clerk shall certify the adoption of this ordinance and cause it to be published at least once in AYES: NOES: ABSENT: 12 APPROVED AS TO FORM AND LEGALITY 13 14 15 16 17 ATTEST: 18 19 RONALD R. BALL, City Attorney CLAUDE A. LEWIS, Mayor LORRAINE M. WOOD, City Clerk 6 7 '8 10 11 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 (a) Whenever in Chapters 6.03, 7.08, 8.12,8.16,8.44,8.50, 11.28 and 15.12, or as specified in 9 penalty is stated in said chapter or section. (b) Except as provided in subsection (a), whenever 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:12 (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 13 one year; EXHIBIT 2 CHAPTER 1.08 PENALTY Sections: 1.08.010 Designated 1.08.010 Designated Sections 1.13.040, 5.10.130, 6.04.130, 8.17.200(A#1), 8.17.200(A#2}, 48.17.200(A#3), 48.17.200(A}(4) and 17.01.160 17.04.070 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 (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; (4) In addition to the monetary fines set forth above, both conditional sentencing and probation are authorized as a sentencing option in accordance with Penal Code Section 1203(a). (c) Each and every day during any portion of which any violation of this code or any other ordinance of the city is committed, continued or permitted shall be a separate offense. (d) Payment of a fine shall not excuse payment of any fee required by this code or any other city 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. (Ord. NS-811 § 4, 2006: Ord. NS-394 § 1, 1997; Ord. NS-70 § 1, 1989;Ord. 1296§1, 1987; Ord. 5071 §2, 1986; Ord. 1278 §2, 1985; Ord. 1274§1, 1984; Ord. 6068 §1, 1983; Ord. 5064 §1, 1983; Ord. 1252§1, 1982; Ord. 1236§1, 1980)