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11A - CITY ATTORNEY DISCRETION
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11A - CITY ATTORNEY DISCRETION
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Last modified
1/3/2012 4:58:41 PM
Creation date
2/1/2005 12:31:07 PM
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City Clerk
Doc Type
Agenda Packet
Item #
11A
Date
2/7/2005
Destruction Year
2010
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<br />Icp 1/31/05 <br /> <br />ORDINANCE NO. NS-2674 <br /> <br />AN ORDINANCE OF THE CITY COUNCIL OF THE <br />CITY OF SANTA ANA AMENDING SECTION 1-8 OF <br />THE SANTA ANA MUNICIPAL CODE TO GRANT <br />THE CITY ATTORNEY DISCRETION TO <br />PROSECUTE CRIMINAL VIOLATIONS OF THE <br />CODE AS MISDEMEANORS OR INFRACTIONS <br /> <br />THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS <br />FOLLOWS: <br /> <br />Section 1. The City Council of the City of Santa Ana hereby finds, <br />determines and declares as follows: <br /> <br />A. <br /> <br />Currently, except where otherwise noted, all criminal violations of <br />the Santa Ana Municipal Code are prosecuted as misdemeanors. <br />The Council desires to give the City Attorney discretion to <br />determine whether violations of the Santa Ana Municipal Code <br />should be criminally prosecuted as misdemeanors or infractions. <br /> <br />All provisions of the Santa Ana Municipal Code that are repeated <br />herein are repeated solely in order to comply with the provisions of <br />section 418 of the Charter of the City of Santa Ana. Any such <br />restatement of existing provisions of the Code is not intended, nor <br />shall it be interpreted, as constituting a new action or decision of <br />the City Council, but rather such provisions are repeated for <br />tracking purposes only in conformance with the Charter. <br /> <br />Section 2. Section 1-8 of the Santa Ana Municipal Code is hereby amended to <br />grant the City Attorney discretion to prosecute a violation of the Code as a misdemeanor or <br />an infraction, such that it reads as follows: <br /> <br />B. <br /> <br />Sec. 1-8. Violations - General penalty; continuing violations; <br />adjudging fines and imprisonment; alternative enforcement. <br /> <br />Unless otherwise specifically stated in this Code, it shall be <br />unlawful and a misdemeanor for any person to violate or fail to <br />comply with any provision of this Code and where no specific penalty <br />is provided therefore in this Code, the violation of any provision of <br />this Code shall be punished by a fine not exceeding one thousand <br />dollars ($1,000.00) or imprisonment for a term not exceeding six (6) <br />months or by both such fine and imprisonment. However, any such <br />violation constituting a misdemeanor under this Code may, at the <br /> <br />11 A-1 <br /> <br />Ordinance No. NS-XXX <br />Page 1 of 3 <br />
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