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Ord 69ORDINANCE NO. 69 AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA AMENDING ORDINANCE NO. 56 AND ESTABLISHING ADDITIONAL PENALTIES FOR VIOLATION OF CITY REGULATORY ORDINANCES AND ZONING ORDINANCES THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS: Section 1. Section 2 of Ordinance No. 56 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 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 said Ordinances shall be guilty of an infraction for the first such violation. Any subsequent conviction by said person of the same Ordinance provision within five (5) years of conviction of the first such offense shall be guilty of a misdemeanor. (b) A person convicted of an infraction under the provisions of this Ordinance shall be punishable by a fine not less than Twenty- Five Dollars ($25.00) nor more than Fifty Dollars ($50.00). Any person violating any provision of a City of Poway Ordinance 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 impris- onment for a period of not more than six (6) months, or by both such fine and imprisonment. (c) Pursuant to Government Code ~ 36900, the City Council of the City of Poway may, in the alternative to Subsections (a) and (b), redress a violation of any state or local Ordinance by civil action. Civil action by the City Council may include the following in addition to any other civil rememdy allowed under the laws of the State of California and the United States; ORDINANCE NO. 69 Page 2 (1) Imposition of a fine not to exceed Five Hundred Dollars ($500.00) for each violation (36901). (2) Penalties reasonably related to mitigate, remedy or remove the violation of any state or local ordinance (36901). (3) Forfeitures of any or all permits, licenses, approvals and privileges or benefits of any nature granted by the City of Poway. (36901) (d) Subsection (c) of this Ordinance shall be an addendum to Zoning Ordinance Section 7703. (e) Each day an Ordinance is violated shall be a new and separate violation of that Ordinance for purposes of Section (c). Each individual who violates a state or local Ordinance will constitute a separate violation of that Ordinance for purposes of Section (c) not- withstanding the fact that said individual is the employee or independent contractor of a person as defined in Subsection (f). (f) The term "person," as referred to herein, shall include individuals, corporations, partnerships, and organizations of any kind. Section 2. If any section of this Ordinance or portion thereof shall be deemed invalid by a Court of the State of California, then, in such case, the remaining portions of this Ordinance shall remain valid as the intent of the City of Poway is to adopt each sentence herein separately. Section 3. This Ordinance shall be effective thirty (30) days after its adoption and the City Clerk shall certify same within fifteen (15) days after its adoption and cause it to be posted in at least three (3) public places and published at least once in the Poway News Chieftain. ORDINANCE NO. 69 Page 3 Section 4. The City Council of the City of Poway, California, hereby finds that this Ordinance will not cause significant adverse impacts on the environment and therefore issues a negative declaration. Introduced and first read at a regular meeting of the City Council of the City of Poway held on the 24th day of August , 1982, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held the 14th day of September , 1982, by the following vote: AYES: COUNCILMEMBERS : EMERY, KRUSE, ORAVEC, TARZY, SHEPARDSON NOES: COUNCILMEMBERS : NONE ABSENT: COUNCILMEMBERS : NONE Mary ATTEST: C LE RK