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Home My WebLink AboutOrdinance 3567 - Amending Chapter 1.16 of the Municipal Code 13 G N ) �t�'j ► Council/Agency Meeting Held: Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denie - 17p ? 7 t'0- City Cler s Signature Council Meeting Date: 7/15/02 Department ID Number: CA 02-17 cis-QS-07- ; 0VM- 00, 35 6-0- p a a OF TWj M CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION - SUBMITTED TO: WAIL NORABLE MAYOR AND CITY COUNCIL MEMBERSSUBMITTED BY: HUTTON, City Attorney C:3 PREPARED BY: 0AIL HUTTON, City Attorney SUBJECT: Adoption of Ordinance No. I Amending Chapter 1.16 of the Municipal Code relating to Penalty Enforcement Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Should the City adopt legislation authorizing the recovery of costs for criminal law enforcement and increase the fines associated with criminal convictions? Funding Source: N/A Recommended Action: Adopt Ordinance No. 350 An Ordinance of the City of Huntington Beach Amending Chapter 1.16 of the Huntington Beach Municipal Code Relating to Penalty Enforcement. Alternative Action(s): Do not adopt Ordinance No. 3 Analysis: In a recent appellate court decision involving the County of San Bernardino, the court concluded that there was no authorizing legislation permitting the county to recover its costs of criminal law enforcement. In the past, agencies were able to include their costs of enforcement in the penalty aspect of the sentencing of a defendant. However because of this ruling, that is no longer possible without adoption of local legislation. Currently, there is no authority in the Municipal Code for the City to seek reimbursement of its costs. In addition, the penalties for conviction of a violation of the Municipal Code have not been revised since 1974. The revised penalties of $1,000.00 for a misdemeanor and $100.00/$200.00/$500.00 for an infraction reflect the same penalties as the state under the California Penal Code. This ordinance corrects these deficiencies. REUEST FOR COUNCIL ACTIS MEETING DATE: 7/15/02 DEPARTMENT ID NUMBER: CA 02-17 Environmental Status: N/A Attachment(s): City Clerk's . - Number No. Description 1. Ordinance No. 3Jr6 2. 1 Legislative Draft of HBMC Chapter 1.16 RCA Author: JMP 02-chap 116 -2- 6/27/02 10:58 AM ATTACHMENT NO . 1 ORDINANCE NO. 3567 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 1.16 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO PENALTY ENFORCEMENT The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION I. Section 1.16.030 of the Huntington Beach Municipal Code is hereby amended to read as follows: 1.16.030 Penalty--Misdemeanor. Any person convicted of a misdemeanor under the provisions of this code (unless otherwise provided herein) shall be punishable by imprisonment in the city jail, or in the county jail of Orange County, not exceeding six (6)months, or by fine not exceeding one thousand dollars ($1,000), or by both fine and imprisonment. SECTION 2. Section 1.16.040 of the Huntington Beach Municipal Code is hereby amended to read as follows: 1.16.040 Penalty--Infraction. Any person convicted of an infraction under the provisions of this code shall be punishable by(1) a fine not exceeding one hundred dollars ($100), for the first offense; (2) a fine not exceeding two hundred dollars ($200) for the second offense; (3) a fine not exceeding five hundred ($500) for each additional offense within one year, unless otherwise provided herein. SECTION 3. Section 1.16.060 of the Huntington Beach Municipal Code is hereby deleted in its entirety. SECTION 4. Section 1.16.065 is hereby added to the Huntington Beach Municipal Code, said section to read as follows 1.16.065 Reimbursement of Costs. In addition to the above penalties the court may order that the person convicted of a misdemeanor or infraction reimburse the City for all of its costs of investigation, analyzing and prosecuting the enforcement action against the person convicted; the court shall fix the amount of any such reimbursement upon submission of proof of such costs by the City. SECTION 5. Section 1.16.070 of the Huntington Beach Municipal Code is hereby deleted in its entirety. 02ord/chap 1-16/3/6/02 1 • Ord. No. 3567 SECTION 6. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 5th day of August , 2002. Mayor ATT T: APPROV D AS TO FORM: City Clerk o8-)3-a2 City Attorney !� 6—�7-eo� U12��oz REVIEWED AND APPROVED: INITIATED AND APPROVED: City Adrffihistrator i L7ity Attorney&'v 02ord/chap 1-16/3/6/02 2 Ord. No. 3567 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number 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 thereof held on the 15th day of July, 2002, and was again read to said City Council at a regular meeting thereof held on the 5th day of August, 2002, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Green, Boardman, Cook, Houchen, Winchell, Bauer NOES: None ABSENT: Dettloff(out of room) ABSTAIN: None I,Connie Brockway,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on 2002 In accordance with the City Charter of said City City Clerk and ex-offici0 Clerk Connie Brockway, City Clerk of the City Council of the City Deputy City Clerk of Huntington Beach, California ATTACHMENT NO . 2 0 • Ordinance No. LEGISLATIVE DRAFT 350 Chapter 1.16 GENERAL PENALTY--ENFORCEMENT (588-7/52, 1902-3/74, 1905-3/74, 1935-11/74, 2996-5/89, 3207-10/93) Sections: 1.16.010 Violation--Misdemeanor/Infraction 1.16.020 Continuing violation 1.16.030 Penalty--Misdemeanor 1.16.040 Penalty--Infraction 1.16.045 Prosecutor Discretion 1.16.050 Form of action i 1ti n6n nbateme"t ofnuisc`nee 1.16.065 Reimbursement of Costs. i 1 non Publ;e C .4enaaee—nQseetition 1.16.080 Issuance of Subpenas 1.16.010 Violation--Misdemeanor/Infraction. Any person who violates or wilfully fails to comply with any provision of this code is guilty of a misdemeanor or an infraction. (588-7/52, 1902-3/74, 3207-10/93) 1.16.020 Continuing violation. Each person, firm or corporation shall be deemed guilty of a separate offense for each day or portion thereof during which any violation of any provision of this code is committed, continued or permitted, by such person, firm or corporation, and shall be punishable therefor as herein provided. (588-7/52) 1.16.030 Penalty--Misdemeanor. Any person convicted of a misdemeanor under the provisions of this code (unless otherwise provided herein) shall be punishable by imprisonment in the city jail, or in the county jail of Orange County, not exceeding six (6) months, or by fine not exceeding r;.. hundfed one thousand dollars ($500 1,000), or by both fine and imprisonment. (588-7/52, 1905-3/74) 1.16.040 Penalty--Infraction. Any person convicted of an infraction under the provisions of this code shall be punishable by (1) a fine not exceeding€i-ve one hundred dollars (V500100), for the first offense; (2) a fine not exceeding two hundred dollars ($200) for the second offense; (3) a fine not exceeding five hundred ($500) for each additional offense within one year, unless otherwise provided herein. (588-7/52, 1902-3/74) 1.16.045 Prosecutor discretion. The City Attorney has discretion to file a complaint charging any offense in this code as either a misdemeanor or an infraction. (3207-10/93) 1.16.050 Form of action. A violation of this code may be prosecuted by the city attorney in the name of the people of the state of California, or it may be redressed by civil action at the option of the council. (588-7/52) legisdrft/mc0116 LD/3/5/02 1 • 1 1 l 060 Abatement��H�isk}c�S. W3enev a��bl'i-i[ suic�rrmaintained or-exists this eity, either-under-general 1.,w port- de-fi -ead to be s eh under-this eode,it shall be tho duty of!he oli e of'this eit. n the .the orl and d rily t ', ^ - �iiiF�v'vv�r c.ai, i'cTiriirzc"ii i iy �v abate the same b f ^1 destr, etio abatement_of the et thing stit.,tin 1, , ua.c�rZzrn i�c.vii��i�ci�iiig oci�rr nui-saR-ee--k5& 1.16.065 Reimbursement of Costs. In addition to the above penalties the court may order that the person convicted of a misdemeanor or infraction reimburse the City for all of its costs of investigation, analyzing and prosecuting the enforcement action against the person convicted; the court shall fix the amount of any such reimbursement upon submission of proof of such costs by the City. lie nuisanee to exist ther-eon, after-reasonable netiee in wr-iting- punished The existence of such nuisanee for-eaeh and evei-y day after the- e of'stieh notice shall be deemed a separate and distinct of4o.Fe—44 7 ) 1.16.080 Issuance of Subpenas. The City Clerk, Personnel Commission and its members, City Attorney, and Hearing Officers may issue subpenas requiring attendance of witnesses or production of books, records, or other documents for evidence or testimony in any action or proceeding pending before the city and administer oaths or affirmations in conjunction with such action or proceeding. Subpenas shall be signed by the issuing officer and may be served as subpenas are served in civil actions. (2996-5/89) legisdrPt/mc01 16 LD/3/5/02 2 • 0 RCA ROUTING SHEET INITIATING DEPARTMENT: City Attorney SUBJECT: Adoption of Ordinance No. _ Amending Chapter 1.16 of the Municipal Code relating to Penalty Enforcement COUNCIL MEETING DATE: 15 02 RCA ATTACHMENTS /" STATUS Ordinance (w/exhibits & legislative draft if applicable) �JS� Attached Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator (Initial) ( ) ( ) City Administrator Initial City Clerk EXPLANATION FOR RETURN OF ITEM: U' / _ Only)(Below Space For City Clerk's Use RCA Author: