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Item 8 - Authorization of Issuance of Citations and Increase Maximum Fines for Misdemeanors tiGENDA REPORT - �' G��C W'9Y CITY OF POWAY '�F •...... ,.. �.' �m'rn rnE co�`' T0: Aonorable Mayor and Members of t�e City Council � nC,�% 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 1 oF �j Agenda Report November 25 , 1986 Page 2 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. 3 oF 4 NOV 2 5 1986 I I t iv� g 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 ; 4oF � NOV251986 ITEM �3