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Home My WebLink About2020-06-09; City Council; CS-374; AN ORDINANCE AMENDING TITLE 1, CHAPTER 1.08 OF THE CARLSBAD MUNICIPAL CODE...June 9, 2020 Item #6 Page 2 of 17 ORDINANCE NO. CS-374 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 1, CHAPTER 1.08 OF THE CARLSBAD MUNICIPAL CODE Exhibit 1 WHEREAS, on May 23, 2017, the City Council of the City of Carlsbad, California (City Council) determined the Carlsbad Municipal Code (Code) requires revisions and amendments and a comprehensive update to the Code is necessary to improve clarity and consistency as well as to reflect current legal and professional best practices; and WHEREAS, on May 23, 2017, the City Council adopted Resolution 2017-095 authorizing the Code update; and WHEREAS, on July 23, 2019, the City Council adopted Resolution 2019-133 creating the ad hoc Carlsbad Municipal Code and City Council Policy Update Subcommittee (Subcommittee) to assist with the update and to expand the update to include both the Code and City Council Policies; and WHEREAS, the enforcement of the Code and applicable state codes throughout the City of Carlsbad is an important public service and is vital to the protection of the public's health, safety, and quality of life; and WHEREAS, in order to effectively enforce the Code, the city must establish charging discretion, standard criminal and civil penalties, and authority for certain city employees to arrest violators. NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows: 1. The above recitations are true and correct. 2. Carlsbad Municipal Code Title 1, Chapter 1.08 is amended to read as follows: Sections: 1.08.010 1.08.020 1.08.030 Chapter 1.08 PENALTIES Ordinance violations; penalties. Authority of city employees to arrest. Authority of police rangers to arrest. 1.08.010 Ordinance violations; penalties A. Except as otherwise provided in this code, a violation of any provision of this code may be charged as an infraction. June 9, 2020 Item #6 Page 3 of 17 B. A violation of any provision in Titles 8 or 11 of this code, or any other provision specifically stating a violation is a misdemeanor, may be charged as an infraction or a misdemeanor at the discretion of the city attorney. C. Nothing contained in this code abrogates the city attorney's discretion to reduce any act chargeable as a misdemeanor under this chapter to an infraction if the city attorney determines the reduction serves the interest of justice. D. Aiding and Abetting. Whenever a provision of this code prohibits any act or omission, the provision also prohibits the causing, permitting, aiding, abetting, suffering, maintaining, or concealing of the act or omission. Any person who causes, permits, aids, abets, suffers, maintains, or conceals the act or omission is guilty of a violation of this code and subject to the punishment prescribed for the act or omission. E. Criminal Penalties. 1. Misdemeanor. Except as otherwise provided in this code, a violation ofthis code determined to be a misdemeanor is punishable by a fine not exceeding $1,000.00, imprisonment in county jail for a term not exceeding six months, or both. 2. Infraction. a. Except for a violation of a local building or safety code, a violation of this code determined to be an infraction is punishable by a fine as provided for in California Government Code Section 36900, subdivision (b). b. A violation of a local building or safety code determined to be an infraction is punishable by a fine as provided for in California Government Code Section 36900, subdivision (c). c. A person fined for an infraction under California Government Code Section 36900, subdivisions (b)(2), (b)(3), (c)(2), or (c)(3), who meets the requirements of California Government Code Section 36900, subdivision (d), may request a hardship waiver under that subdivision to reduce the amount of the fine. 3. In addition to a monetary fine set forth in this subsection (E), both conditional sentencing and probation are authorized as sentencing options in accordance with California Penal Code Section 1203, subdivision (a). F. Civil Penalties. Any provision of this code may be enforced by an injunction issued by the Superior Court upon a civil suit brought by the city. As part of the civil action, the court may assess a maximum civil penalty under California Government Code Section 36901 of $1,000 per violation for each day the violator commits, continues, allows or maintains the violation. G. Separate Violations. Each and every day during any portion of which a violation of this code is committed, continued, or permitted is a separate offense. H. A conviction or payment of a fine or penalty for any violation of this code does not excuse or exempt compliance with all provisions of this code, including payment of any tax, fee, or other charge required by this code. I. Nothing contained in this section shall preclude the city from enforcing the provisions of this code through other available methods including an administrative citation under Chapter 1.10 and/or abatement of a public nuisance under Chapter 6.16 ofthis code. June 9, 2020 Item #6 Page 4 of 17 1.08.020 Authority of city employee to arrest. A. The city manager or a deputized city employee is authorized under California Penal Code Section 836.5 to arrest a person without a warrant whenever the employee has reasonable cause to believe the person to be arrested committed a misdemeanor offense in the employee's presence that is a violation of this code or any uncodified city building or zoning ordinance. B. The city manager may deputize a city employee to exercise the power of arrest described in subsection A of this section if the employee has completed an introductory course of training prescribed by the Commission on Peace Officer Standards and Training pursuant to California Penal Code Section 832. Nothing in this section authorizes a deputized employee to carry a firearm. 1.08.030 Authority of police rangers to arrest. A. The city manager or a deputized police ranger is authorized under California Penal Code Section 836.5 to arrest a person without a warrant whenever the police ranger has reasonable cause to believe the person to be arrested committed a misdemeanor or infraction in the employee's presence that is a violation of any provision of this code or the animal control provisions of the San Diego County Code as adopted by Section 7.08.0l0(B) ofthis code. B. The city manager may deputize a police ranger to exercise the power of arrest described in subsection A of this section ifthe police ranger has satisfactorily completed an introductory course of training prescribed by the Commission on Peace Officer Standards and Training pursuant to California Penal Code Section 832. Nothing in this section authorizes a deputized police ranger to carry a firearm. 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 the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. June 9, 2020 Item #6 Page 5 of 17 INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 19th day of May 2020, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 9th day of June 2020, by the following vote, to wit: AYES: NAYS: ABSENT: Hall, Blackburn, Bhat-Patel, Schumacher. None. None. APPROVED AS TO FORM AND LEGALITY: CELIA A. BREWER, City Attorney MATT HALL, Mayor (SEAL)