Ord 145ORDINANCE NO. 145
AN ORDINANCE OF THE CITY OF POP, AY, CALIFORNIA
AMENDING CHAPTER 1.08 OF THE POWAY MUNICIPAL CO{)E
TO PROVIDE PENALTIES FOR VIOLATION OF THE
POW~Y MUNICIPAL CODE, ZONING DEVELOP~NT C00E
AND ORDINANC~ G~NER~LLy
WHEREAS, Government Code Section 36900 provides that violation of a city
ordinance is a misdemeanor unless the City Council by ordinance authorizes pro-
secution thereof as an infraction; and
WHEREAS, enforcement of city ordinances can best be accomplished by granting
to the prosecuting attorney the discretion to treat violation of an ordinance as
either a misdemeanor or an infraction; and
WHEREAS, continuing violation of city ordinances should be prosecuted as
separate offenses for each day of violation;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES HEREBY ORDAIN AS
FOLr OWS:
Section 1. REPEAL OF POgiAY MUNICIPAL CODE SECTION 1.08.010
Section 1.08.010 of the Poway Municipal Code is hereby repealed.
Section 2. ADOPTION OF CHAPTER 1.08 OF THE POWAY MUNICIPAL CODE.
Chapter 1.08 of the Pow~y Municipal Code to be entitled "General Penalty"
is hereby enacted to provide as follows:
1.08.010 Violation - Penalty.
It shall be unlawful for any person to violate any provision or to fail
to cc~ply with any of the requirements of this Code, the Zoning
Develolm%ent Code, or of any ordinance adopted by the City. Notwith-
standing any other provisions of this Code, the Zoning Development
Code, or any ordinance adopted by the City to the contrary, a violation
of any of the provisions or requir~nents of this code, the zoning
develoimlent code, or any ordinance adopted by the City shall constitute
a misdemeanor; provided, however, any such violation constituting a
misdemeanor may, in the discretion of the attorney having prosecutorial
functions, be charged and prosecuted as an infraction.
Any person convicted of a misdemeanor under the provisions of this
Code, the Zoning Develolmnent Code, or any ordinance adopted by the
City, unless provision is otherwise made, shall be punishable by a
fine of not more than five hundred dollars ($500.00) by imprisoranent in
the county jail for a period of not more than six (6) months or by beth
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:
Ordinance No. 145
Page 2
1. a fine not exccc~ing $50.00 for a first violation;
2. a fine not exceeding $100.00 for a second violation of the same
ordinance within one year;
3. a fine not excc~ing $250.00 for each additional violation of the
same ordinance within one year.
Each person who violates any provision or fails to ccmply with any of
the requirements of this Code, the Zoning Development Code, or any
ordinance adopted by the City, sb~ll be charged by a separate offense
for each and every day during any portion of which any violation is
crm,,~tted, continued or permitted by any such person and shall, upon
conviction, be punished accordingly.
In addition to the penalties hereinabove provided, any condition caused
or permitted to exist in violation of any of the provisions of this
Cede, the Zoning Development Code, or any ordinance adopted by the
City, shall be deemed a public nuisance and may be, by the City, sum-
marily abated as such, and each day that such condition continues shall
be regarded as a new and separate offense.
Pursuant to Government Code Sections 36900 and 36901, the City Council,
in the alternative to subsections A, B, and C of this section, may
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 remedy allowed under the laws of the State and the
United States: forfeiture of any or all permits, licenses, approvals
and privileges or benefits of any nature granted bythe City.
"Person," as referred to in this section, includes individuals, corp-
orations, partnerships, and organizations of any kind.
Section 3.
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 inthe City of Poway.
Ordinance No. 145
Page 3
Introduced and first read at a regular meeting of the City Council of the
City of Poway held the 30th day of October, 1984, and thereafter PASSED
ADOPTED at a regular meeting of said City Council held the 13th day of November,
1984, by the following roll call vote:
AYES:
NOES:
ABSENT:
M~rie 'K. Wahlsten, City CYerk 6~
KRUSE, ORAVEC, SHEPARDSON, TARZY, KMERY