HomeMy WebLinkAboutOrdinance #3206 ORDINANCE NO. 3206
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH ORDINANCE CODE
BY AMENDING SECTION 9022 PERTAINING
TO ENFORCEMENT PENALTIES
WHEREAS, the City Council has determined that the City
Attorney should have discretion in determining whether an
offense should be charged as a misdemeanor or an infraction to
better fit the circumstances of the violation and the prior
record of the defendant,
NOW, THEREFORE, the City Council of the City of Huntington
Beach does hereby ordain as follows :
1. Section 9022 is hereby amended to read as follows :
(b) Not withstanding any other provision of the
Ordinance Code, each violation of this Code may
be alternatively enforced as follows : Each
method set forth herein is intended to be
mutually exclusive and does not prevent
concurrent or consecutive methods being used to
achieve compliance against continuing
violations . Each and every day any such
violations exist constitutes a separate offense.
(1) Misdemeanor/Infraction. Any person
violating any of the provisions or failing
to comply with any of the mandatory
requirements of this Code may be prosecuted
for a misdemeanor or an infraction. Written
citations for misdemeanors or infractions
may be issued by police officers or
environmental officers and land use officers
who have successfully completed a course in
the Power of Arrest as specified in
California Penal Section 832 . This citation
power is pursuant to California Penal Code
836 . 5 .
All citations issued under this Code shall
be delivered to the City Attorney who shall
have the prosecutory discretion as to the
filing of a misdemeanor or an infraction
complaint with the court as required by
California Penal Code Section 853 . 6 .
-� 1
Any person convicted of a misdemeanor under
the provisions of this Code shall be
punished by a fine not to exceed five
hundred dollars ($500 . 00) or imprisonment
for a term not to exceed six (6) months , or
both fine and imprisonment . A person
convicted of an infraction shall be punished
by a fine not to exceed five hundred dollars
($500 . 00) .
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 7th
day of September 1993 .
Mayor
ATTEST• APPROVED AS TO . FORM: .
City Clerk City Attorney
'11Z 9
aREIWy
ED AND PR V D:
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Ct AdmNiYstrator
2 -
3206
Ord. No. 3206
STATE OF CALIFORNIA )
COUNTY OF ORANGE ss:
CITY OF HUNTINGTON BEACH
I, CDNNIE BROGKWAY, the duly elected qualified City
Clerk of the City of Huntington Beach and ex-officio Clerk of the
CityCouncil of the said City, do hereby certify that the whole number
u y� Y Y
of members of the City Council of the City of Huntington Beach is seven;
that the foregoing ordinance was read to said City Council at a regular
meeting therof held on the 16th day of Auqust
1993 and was again read to said City Council at a regular
meeting therof held on the 7th day of septeriiber 19 93 and
was passed and adopted by the affirmative vote of at least a majority of is
all the members of said City Council .
AYES: Councilmembers:
Robitaille, Bauer, Moulton-Patterson, Winchell, Silva, Le
ii2zic
NOES: Councilmembers:
None
ABSENT: Councilmembers:
Sullivan
t, Porinis Bray:}.way CITY GIrEF3K of OWG'ty of
HL'mlington Beach and ex-ofticio Clerk of ft City
Council, do hafeby ceri:fy that a WOOS Of fts City Clerk and ex-offi ci o Clerk
ordinance sbi;+.;npu• ishe irrt"reflallypEoton of the City Council of the City
�g G� of Huntington Beach, California
In a= anc #h the City Charter of said City._ ,
- Con rile 13noCkivay
City Clerk
Oeau�f city cork