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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