Item 8 - Authorization of Issuance of Citations and Increase Maximum Fines for Misdemeanors tiGENDA REPORT - �'
G��C W'9Y
CITY OF POWAY
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T0: Aonorable Mayor and Members of t�e City Council
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FROM: James L. Bowersox, City Mana:Z��
INITIATED BY: Reba W. Touw, Director of Planning Services ,�
DATE: November 25, 1986
SUBJECT: Authorization of the issuance of citations and
increase in the maximum fine for misdemeanors
ABSTRACT
A draft ordinance to increase the maximum fine assessable for mis-
demeanor violations and to authorize the issuance of citiations for
violation of the Poway Municipal Code.
BACRGROUND
The California Penal Code has been amended to allow cities to
establish maximum fines for misdemeanors at $1000 rather than $500.
Individual fines would be determined by the court on a case-by-case
basis and could be less than the maximum. Staff recommends that the
poway Municipal Code be amended to allow additional flexibility in
the amount of fines to be imposed.
In a further effort to increase flexibility in dealing with viola-
tions of the Municipal Code, Staff recommends authorization of the
issuance of infraction citations for some types of violations.
These citations function much the same way as traffic "tickets. "
It would create a more efficient, and less onerous, method of
enforcement for many of the less serious types of code violations.
At present, the only enforcement tool available is to have the City
Attorney file misdemeanor charges and have the matter tried in
court. This is expensive for the City and often needlessly heavy-
handed.
ENVIRONMENTAL REVIEW
This ordinance is exempt from provisions of the California
Environmental Quality Act under Section 15321.
ACTION:
NOV 2 5 1986 I T E M 8
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Agenda Report
November 25 , 1986
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RECOMMENDATION
It is Staff ' s recommendation that the City Council hold first
reading of this ordinance and continue public hearing to December 9
for second reading.
JLB:RWT: is
Attachment: Proposed Ordinance
2 °F 4 NOV251986 ITtI� $
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF POWAY AMENDING
SECTION 1.08 .010 OF THE POWAY MUNICIPAL CODE
TO INCREASE THE MAXIMUM FINE ASSESSABLE FOR
MISDEMEANOR VIOLATION AND TO AUTHORIZE THE
ISSUANCE OF CITATIONS FOR VIOLATION OF THE
POWAY MUNICIPAL CODE
WHEREAS, violations of the Poway Municipal Code may be prose-
cuted as either misdemeanors or as infractions; and
WHEREAS, presently prosecution of most Poway Municipal Code
violations is commenced by the filing of a Complaint by the City
Attorney; and
WHEREAS, it is desirable to commence the prosecution of lesser
violations of the Poway Municipal Code by issuance of an infraction
citation in the field by an authorized enforcement officer other
than the City Attorney, and
WHEREAS, it is desirable to increase the maximum fine for con-
viction of a misdemeanor to the one thousand dollar maximum per-
mitted by Section 19 of the California Penal Code.
_, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES
ORDAIN AS FOLLOWS:
Section 1 . Subsection B of Section 1.08 .010 of the Poway
Municipal Code is amended to provide as follows :
Any person convicted of a misdemeanor under the provisions
of this Code, the Zoning Development Code, or of any ordi-
nance adopted by the City, unless provision is otherwise
made, shall be punishable by a fine of not more than one
thousand dollars , by imprisonment in the County Jail for a
period of not more than six months or by both fine and
imprisonment. Any person convicted of an infraction under
the provisions of this Code, the Zoning Development Code,
or any ordinance adopted by the City, unless provision is
otherwise made, shall be punishable by fine only as
follows :
1. A iine not exceeding fifty dollars for a first
violation;
2 . A fine not exceeding one hundred dollars for a
second violation of the same ordinance within one year;
3 . A fine not exceeding two hundred fifty dollars
for each additional violation of the same ordinance within
one year.
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Ordinance No,
Page 2
Each person who violates any provision or fails to
comply with any of the requirements of this Code, the
Zoning Development Code, or any ordinance adopted by the
City, shall be charged by a separate offense for each and
every day during any portion of which any violation is
committed, continued or permitted by any such person and
shall, upon conviction, be punished accordingly.
Section 2 . Subsection ( F) of Section 1 .08. 010 of the Poway
Municipal Code is added to provide as follows :
Citation for infraction. As an alternative to misdemeanor
prosection, the Director of Planning Services or his/her
designee, the Director of Public Services or his/her
designee, or the Director of Safety Services or his/her
designee may issue a citation to the owner(s) , occupant(s>
or other person( s) , deemed responsible for violating any
of the provisions of the Poway Municipal Code. For pur-
poses of this subsection, any such violation shall be
classified as an "infraction, " pursuant to California
Government Code Section 36900, which Section and the
penalties prescribed are hereby adopted and incorporated
herein.
This ordinance shall take effect and be in force thirty ( 30)
days after the date of its passage; and before the expiration of
fifteen ( 15 ) days after its passage, it shall be published once
with the names and members voting for and against the same in the
Poway News Chieftain, a newspaper of general circulation published
in the City of Poway.
introduced and first read at a regular meeting of the City
Council of the City of Poway held the 25th day of November, 1986,
and thereafter PASSED AND ADOPTED at a regular meeting of said City
Council held the _day of , 1986, by the
following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Bruce J. Tarzy, Mayor
Marjorie K. Wahlsten, City Clerk
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