FULL PACKET_2005-01-18 - Laserfiche WebLink

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REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JANUARY 18, 2005 TITLE: APPROVED o As Recommended o As Amended o Ordinance on 151 Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For ORDINANCE AMENDMENT TO GRANT CITY ATTORNEY DISCRETION TO PROSECUTE VIOLATIONS OF THE MUNICIPAL CODE AS MISDEMEANORS OR INFRAC~ONS /L ~v flu )12- CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Adopt an ordinance amending the Santa Ana Municipal Code Sections 1 - 8 to grant the City Attorney the discretion to determine whether to prosecute a violation of the Code as a misdemeanor or infraction. DISCUSSION Currently, the Santa Ana Municipal Code (SAMC) Sections 1 - 8 offers a number of avenues by which the City can redress alleged violations of the SAMC. The City may enforce the SAMC through administrative sanctions, civil action, or criminal prosecution. Section 1-8 as written deems every violation of the SAMC a misdemeanor, unless otherwise noted. Therefore, with some minor exceptions, when criminal prosecution is sought for a violation of the SAMC every violation is prosecuted as a misdemeanor. As written, it is unclear whether the City Attorney has discretion to prosecute or charge a violation of the SAMC as anything other than a misdemeanor. While most violations of the SAMC are appropriate for prosecution as misdemeanors, it is important for the City Attorney to have the discretion to prosecute violations as lesser crimes. The proposed amendment seeks to remedy the ambiguity to ensure that the City Attorney is vested with the full range of discretion necessary to appropriately prosecute violations of the SAMC. Similar ordinances have been adopted in the Cities of Irvine, Westminster and Orange. FISCAL IMPACT There is no fiscal impact associated with this action. 50A-1