Ord 56 ORDINANCE NO. 56
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA
ESTABLISHING PENALTIES FOR VIOLATIONS OF
CITY REGULATORY ORDINANCES
THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS:
Section 1. Findings.
Section 11.116 of the Poway Regulatory Ordinances, establishes a violation
of those Regulatory Ordinance provisions to be that of an infraction unless
otherwise specifically provided to be a misdemeanor. The fine for an infraction
ranges from Fifty Dollars ($50.00) to Two Hundred Fifty Dollars ($250.00) for
one or multiple offenses. Section 36900 of the California Government Code,
provides that a violation of a City ordinance is a misdemeanor and at Section
36901, shall be punishable by a fine not to exceed Five Hundred Dollars
($500.00) or imprisonment not to exceed six months or both. Those ordinances
adopted by the City of Pbway after incorporation are not controlled by Section
11.116 and a violation thereof is deemed a misdemeanor. Notwithstanding, a
violation of a City ordinance adopted by reference from the San Diego County
Regulatory Ordinances is an infraction unless otherwise specified. This ordin-
ance is intended to correct the inconsistency herein noted and not intended to
affect the zoning ordinance for the City of Poway.
Section 2. Section 11.116 of the City of Poway Regulatory Ordinances is
hereby amended to read as follows:
11.116 VIOLATIONS: PENALTY
(a)
It shall be unlawful for any person to violate any provision
or to fail to comply with any of the requirements of this
Code or any ordinance adopted by the City of Poway. Any
person violating any of the provisions or failing to comply
with any of the mandatory requirements of this Code or said
Ordinances shall be quilty of an infraction for the first
such violation. Any subsequent violation by said person of
the same Code provision within five (5) years of conviction
of the first such offense shall be quilty of a misdemeanor.
(b)
A person convicted of an infraction under the provisions of
this Code shall be punishable by a fine not less than Twenty-
Five Dollars ($25.00) nor more than Two Hundred Fifty Dollars
($250.00). Any person violating any provision of this code
as a misdemeanor, and upon conviction of same, shall be
punishable by a fine of not more than Five Hundred Dollars
($500.00) or by imprisonment for a Deriod of not more than
six (6) months, or by both such fine and imprisonment.
ORDINANCE NO. 56
Page 2
(c)
The term "person," as referred to herein, shall include
individuals, corporations, partnerships, and organizations
of any kind.
Introduced and first read at a regular meeting of the City Council of the
City of Poway held the 4th day of May, 1982, and thereafter PASSED AND ADOPTED
at a regular meeting of said City Council held the llthday of May 1982, by
the following roll call vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS
COUNCII/~EMBERS
COUNCILMEMBERS
Kruse, Oravec, Tarzy, Shepardson
None
Emery
Mary L. Shep~rdson, f4ayor
MarjorU. Wahlsten, City Clerk