HomeMy WebLinkAbout2007-10-16; City Council; 19202; Clarification Certain Violations as MisdemeanorsCITY OF CARLSBAD - AGENDA BILL
19.202AB#
MTG. 10/16/07
DEPT. Clerk
CARLSBAD MUNICIPAL CODE CHAPTER
1.08 AMENDMENT - CLARIFICATION OF
CERTAIN VIOLATIONS AS MISDEMEANORS
DEPT. HEA
CITY ATTY.
CITY MGR.
RECOMMENDED ACTION:
Adopt Ordinance No. NS-861 amending Chapter 1.08, Section 1.08.010 of the Carlsbad
Municipal Code clarifying certain violations as misdemeanors.
ITEM EXPLANATION:
Ordinance No. NS-861 was introduced and first read at the City Council meeting held on
October 9, 2007. The second reading allows the City Council to adopt the ordinance, which
would then become effective in thirty days. The City Clerk will have the ordinance published
within fifteen days, if adopted.
FISCAL IMPACT:
See Agenda Bill No. 19,200 on file in the Office of the City Clerk.
EXHIBIT:
1. Ordinance No. NS-861.
DEPARTMENT CONTACT: Sheila Cobian (760) 434-2927, scobi@ci.carlsbad.ca.us
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
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CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER - SEE MINUTES
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CODE CLARIFYING CERTAIN VIOLATIONS AS MISDEMEANORS
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EXHIBIT 1
ORDINANCE NO. NS-861
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 within20 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;
(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
26 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,
27 1989; Ord. 1296 § 1, 1987; Ord. 5071 § 2, 1986; Ord. 1278 § 2, 1985; Ord. 1274 § 1, 1984; Ord.
00 6068 § 1,1983; Ord. 5064 § 1, 1983; Ord. 1252 § 1, 1982; Ord. 1236 § 1,1980)28
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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
a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on
the 9th day of October, 2007, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad
on the 16th day of October, 2007, by the following vote, to with:
AYES: Council Members Lewis, Kulchin, Hall, Packard, Nygaard
NOES: None
ABSENT: None
APPROVED AS TO FORM AND LEGALITY
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D R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
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