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HomeMy WebLinkAboutNS-1245ORDINANCE NO. NS-1245 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 36-27 OF THE SANTA ANA MUNICIPAL CODE RELATING TO THE PENALTY FOR PARKING VIOLATIONS. THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1: That Section 36-27 of the Santa Aha Municipal Code is amended to read. as follows: Sec. 36-27. violations; penalty; appearance; bail. (a) It shall be the duty of each police officer to take the number of any vehicle or thing parked, placed, ranked, stored, or left in violation of any of the provisions of this article; the state vehicle license of such vehicle; the time and date of such overparking; and the make of such vehicle; and to issue, in writing, a citation for said violation in the same form and sub- ject to the same procedure provided f~r by the ordinances of the city and the laws of the state applicable to the traffic violation within the city. (b) Any operator or owner of a vehicle to whom a citation has been issued for any violation of any of the provisions of this chapter, except as otherwise provided in this chapter, may, on or before the appearance date set out on such citation pay to the court as bail, as a penalty for, and in full satisfaction of such violation, the sum of bail indicated on the citation. Said payment may be made in person or by mailing the same to the Clerk of the Municipal Court, Orange County, within said period. Other- wise, the person may appear for arraignment on the date set forth in the citation. Any owner or operator violating any of the pro- visions of this chapter shall be deemed guilty of an infraction and upon conviction thereof shall be punished by a fine of not exceeding fifty dollars ($50.00) and for a second conviction with- in a per~od of one year, by a fine of not exceeding one hundred dollars ($100.00), and for a third or any subsequent conviction within a period of one year, by a fine of not exceeding two hun- dred fifty dollars ($250.00). (c) Any operator or owner of a vehicle to whom a citation has been issued for any violation of any of the provisions of this chapter for which no provision for the posting of bail in full satisfaction of which violation has been made in subsection (b) of this section, may, prior to the appearance date set out on such citation, deposit with the magistrate of said municipal court, such bail as the magistrate shall fix as reasonably sufficient. Thereafter, at the time when the case is called for arraignment before the magistrate, if the defendant shall not appear, either in person or by counsel, the magistrate may declare the bail for- feited and in his discretion, order that no further proceedings shall be had in such case. Ail proceedings and things not express- ly provided for in this subsection (3) shall be done in accordance with the provisions of sections 40500, 40501 and 40502 of the state vehicle code as the same now exists or may hereafter be amended ORDINANCE NO. NS-1245 PAGE TWO SECTION 2: If any section, subsection, sentence, clause phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the valid- ity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phraee or portion thereof irrespective of the fact that any one or more sections, subsections, clauses, phrases or portions be declared invalid or unconstitutional. SECTION 3: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordi- nances relating to the collection of any such license or penalty or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or case de- posit in lieu thereof, required to be posted, filed or depo- sited pursuant to any ordinance, and all rights and obliga- tions thereunder appertaining shall continue in full force and effect. SECTION 4: The Clerk of the Council shall certify to the passage of this ordinance and cause the same to be published in some daily newspaper printed and published in the City of Santa Ana. SECTION 5: This Ordinance shall take effect thirty (30) days from and after the date of its adoption. PASSED AND ADOPTED by the City Council of the City of Santa Ana at its regular meeting held on the 6th day of January , rgT~.. ATTEST: ~~ MAYOR CLERK OF THE COUNCIL STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SANTA ANA ) I, FLORENCE I. MALONE, do hereby certify that I am the Clerk of the Council of the City of Santa Aha; that the fore- going Ordinance was introduced to said Council at its regular meeting held on the 16th day of December 1974, and was again considered by said Council at its regular meeting held on the 6th day of January , 1975, and was at said meeting passed and adopted by the following vote, to wit: AYES, COUNCILMEN: NOES, COUNCILMEN: Griset, Ward, Markel, Bricken, Yamamoto, Garthe Evans ABSENT, COUNCILMEN: None ORDINANCE NO. NS-1245 PAGE THREE CLERK OF THE COUNCIL APPROVED AS TO FORM: