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