Item 5 - Second Reading Ordinance 203 tiGENDA REPORT ' -��
G�T WqY
CITY OF POWAY
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C�IN THE COV�
T0: Honorable Mayor and Manbass of the City Council
FROM: James L. Howersox, City Managex=•�
INiTIATID BY: Marjorie K. Wahlsten, City Cler�c i1�u� .��
DATE: Decanber 2, 1986 "
SUBJEC.�: Ordinance No. 203 - Second Re3ding
BACRQ�R`ID
On Novanber 25, 1986, the City Council introduce3 and had the first reading on
Ordinance No. 203 - "An Ordinance of the City of Pwray, California, Amending
Section 1.08.010 of the PoFray Municipal Code to Increase the Maxim�nn Fine
Assassable for Misdane2nor Violation a�rl to Authorize the Issuance of Citations
for Violation of the Poway Municipal Code." Councilmenbers Brannon and
Higginson wese not presPnt at first reading.
FII�IDII�GS
Zt is in order to have the seca�d reading and adopt this Ordinance.
RDO(�IDATIGN
If the City Camcil desires to adopt, read title and �ive further reading of
Ordinance by unanitroos vote. Pass motion closing public he3ring and adopting
(roll call vote) .
JLB:NIICW:ml
AttdCtm�llt:
1) Ordinance
ACTION: �
� i of 3 DEC 2 t986 ITEM 5
ORDINANCE N0. 203
AN ORDINANCE OF THE CI'PY OF POWAY AMENDING
SECTION 1.08 .010 OF THE POWAY MONICIPAL 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 l . 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 fine 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 .
DEC 2 �sss ITEM 5
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Ordinance No. 203
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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DEC 2 i986 ITEM 5