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AA=K 0 � <br />CITY COUNCIL MEETING DATE: <br />AUGUST 4, 2015 <br />TITLE: <br />ORDINANCE AMENDING SECTION 1 -8 OF THE <br />SANTA ANA MUNICIPAL CODE RELATING TO <br />MUNICIPAL CODE VIOLATIONS AND GENERAL <br />PENALTIES <br />{STRAGIC PLAN NO. 1, 1} <br />-d� <br />CITY MANAGER <br />RECOMMENDED ACTION <br />CLERK OF COUNCIL USE ONLY: <br />APPROVED <br />❑ <br />As Recommended <br />❑ <br />As Amended <br />❑ <br />Ordinance on 1" Reading <br />❑ <br />Ordinance on 2 "a Reading <br />❑ <br />Implementing Resolution <br />❑ <br />Set Public Hearing For <br />C�Iw�►��IPl9�iC +7 <br />FILE NUMBER <br />Adopt an ordinance amending Section 1 -8 of the Santa Ana Municipal Code relating to violations <br />and general penalties. <br />DISCUSSION <br />Section 1 -8 of the Santa Ana Municipal Code ( "Code ") provides that, unless otherwise specifically <br />stated in the Code, any violation of or failure to comply with any provision of the Code shall be a <br />misdemeanor. Where no specific penalty is provided for under the Code, the misdemeanor <br />violation is punishable by a fine not exceeding one thousand dollars ($1,000.00) or imprisonment <br />for a term not to exceed six (6) months, or by both such fine and imprisonment. <br />The Code currently provides the City Attorney's Office with discretion to prosecute any violation <br />constituting a misdemeanor as an infraction. However, where officers issue criminal citations, the <br />Code does not provide the citing officer with discretion to determine whether citations for such <br />violations should be issued as infractions. The citing officer is often in the better position to <br />determine whether the observed criminal conduct rises to the level of an infraction or a <br />misdemeanor violation. <br />Further, where an officer mistakenly issues a citation as an infraction but the violation constitutes <br />a misdemeanor, or where the City Attorney may desire to file a misdemeanor citation as an <br />infraction based on the nature of the violation, the Police Department Court Liaison staff must <br />incur additional work in preparing and serving the cited person with an amendment before filing <br />the citation with the court. Violations routinely filed as misdemeanors also result in an increased <br />administrative burden for the court in processing these matters. <br />50A -1 <br />