HomeMy WebLinkAboutFines for Civil Violations - Entertainment Permit - Resolutidj. a )1
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Council/Agency Meeting Held: D
Deferred/Continued to:
Appr ve ❑ Conditionally Approved ❑ Denied
JCiti,/C.{erk'signatue
Council Meeting Date: June 21, 2010
Department ID Number: CA 10-08
9 ,. 01!WAIA
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Jennifer McGrath, City Attorney
PREPARED BY: Jennifer McGrath, City Attorney
SUBJECT: A Resolution of the City Council Amending the Setting of Fines for
Civil Violations of Chapter 5.44 of the Huntington Beach Municipal
Code
Statement of Issue: A minor change is needed in the Resolution setting fines for civil
violations of Chapter 5.44 so that any suspension does not become applicable until after the
time to appeal has expired and no appeal has been taken, or, in the alternative, afte i the
citation has been upheld on appeal. The suggested change will make the Resolution
consistent with the requirement of Chapter 1.18, which authorizes the issuance of
administrative citations, and sets the time limits for appeals.
Financial Impact: N/A
Recommended Action: Motion to: Adopt Resolution No. 2010-44, "A Resolution of the
City Council of the City of Huntington Beach Amending the Setting of Fines for Civil
Violations of Chapter 5.44 of the Huntington Beach Municipal Code."
Alternative Action(s): Do not approve amending the setting of fines for civil violations of
Chapter 5.44 of the Huntington Beach Municipal Code.
-245- Item 15. - Page I
REQUEST FOR COUNCIL ACTION
MEETING DATE: 6/21/2010 DEPARTMENT ID NUMBER: 06-45.002
Analysis: A minor change is needed in the Resolution setting fines for civil violations of
Chapter 5.44 so that any suspension does not become applicable until after the time to
appeal has expired and no appeal has been taken, or, in the alternative, after the citation has
been upheld on appeal. The suggested change will make the Resolution consistent with the
requirement of Chapter 1.18, which authorizes the issuance of administrative citations, and
sets the time limits for appeals.
Environmental Status: N/A
Strategic Plan Goal: Maintain financial viability and our reserves
Attachment(s):
1. A Resolution of the City Council of the City of Huntington Beach
Amending the Setting of Fines for Civil Violations of Chapter 5.44 of
the Huntington Beach Municipal Code
Item 15. - Page 2 -246-
� ATTACHMENT
r.
RESOLUTION NO. 2010-44
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH AMENDING THE SETTING OF FINES
FOR CIVIL VIOLATIONS OF CHAPTER 5.44 OF THE
HUNTINGTON BEACH MUNICIPAL CODE
WHEREAS, Chapter 1.18 of the Huntington Beach Municipal Code provides authority
for the issuance of citations for civil violations of the Huntington Beach Municipal Code; and
Chapter 5.44.090 sets forth the conditions for which an entertainment permit may be
revoked or suspended; and
The City desires to set the fines and penalties for civil violation of any provisions of
Chapter 5.44; and
The City desires that the time to appeal fines and penalties for civil violations of any
provisions of Chapter 5.44 be consistent with the time limits set forth in Chapter 1.18,
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve that the fines and penalties for violation of the provisions of Chapter 5.44 are as set forth
on Exhibit A which is attached hereto and incorporated by this reference.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 21 s t day of June , 2410.
v
AND APPROVED: A VED AS TO FORM-
:,
trator ity Attorney
INITIATED AND APPROVED:
Police Chief �, -�J 1 c)
06-45.002/47445
Resolution No. 2010-44
Fine Amount for i" Violation
Fine amount for 2nd Violation
Fine Amount for 3rd Violation
And any subsequent violations
$500 fine
$1,000.00 fine plus 5 day suspension*
of entertainment permit
$1,000 fine plus 15 day suspension*
of entertainment permit
*The suspension will be effective after the time to appeal as set forth in Chapter 1.18 has expired
and no appeal has been filed, or after the citation is upheld by the Hearing Officer and/or the
Superior Court.
06-45.002/47445
Res. No. 2010-44
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN 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 resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a regular meeting thereof held on June 21, 2010 by the following vote. -
AYES: Carchio, Coerper, Hardy, Green, Bohr, Dwyer, Hansen
NOES: None
ABSENT: None
ABSTAIN: None
JMsj 6?ity Clerk and ex-o io Clerk of the
City Council of the City of
Huntington Beach, California