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<br />REQUEST FOR <br />COUNCIL ACTION <br /> <br />~ <br />~ <br /> <br />CITY COUNCIL MEETING DATE: <br /> <br />CLERK OF COUNCIL USE ONLY: <br /> <br />JANUARY 18, 2005 <br />TITLE: <br /> <br />APPROVED <br /> <br />0 As Recommended <br />0 As Amended <br />0 Ordinance on 1 st Reading <br />0 Ordinance on 2nd Reading <br />0 Implementing Resolution <br />0 Set Public Hearing For <br /> <br />ORDINANCE AMENDMENT TO GRANT <br />CITY ATTORNEY DISCRETION TO <br />PROSECUTE VIOLATIONS OF THE <br />MUNICIPAL CODE AS MISDEMEANORS <br />OR INFRAC~ONS /L <br /> <br />~v flu;/Z <br /> <br />CITY MANAGER <br /> <br />CONTINUED TO <br /> <br />FILE NUMBER <br /> <br />RECOMMENDED ACTION <br /> <br />Adopt an ordinance amending the Santa Ana Municipal Code Sections 1 - 8 to <br />grant the City Attorney the discretion to determine whether to prosecute a <br />violation of the Code as a misdemeanor or infraction. <br /> <br />DISCUSSION <br /> <br />Currently, the Santa Ana Municipal Code (SAMC) Sections 1 - 8 offers a <br />number of avenues by which the City can redress alleged violations of the <br />SAMC. The City may enforce the SAMC through administrative sanctions, <br />civil action, or criminal prosecution. Section 1-8 as written deems every <br />violation of the SAMC a misdemeanor, unless otherwise noted. Therefore, <br />with some minor exceptions, when criminal prosecution is sought for a <br />violation of the SAMC every violation is prosecuted as a misdemeanor. As <br />written, it is unclear whether the City Attorney has discretion to <br />prosecute or charge a violation of the SAMC as anything other than a <br />misdemeanor. <br /> <br />While most violations of the SAMC are appropriate for prosecution as <br />misdemeanors, it is important for the City Attorney to have the discretion <br />to prosecute violations as lesser crimes. The proposed amendment seeks to <br />remedy the ambiguity to ensure that the City Attorney is vested with the <br />full range of discretion necessary to appropriately prosecute violations <br />of the SAMC. Similar ordinances have been adopted in the Cities of Irvine, <br />Westminster and Orange. <br /> <br />FISCAL IMPACT <br /> <br />There is no fiscal impact associated with this action. <br /> <br />50A-1 <br />