HomeMy WebLinkAbout50A - ORDINANCE NO. NS-2674
REQUEST FOR
COUNCIL ACTION
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CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
JANUARY 18, 2005
TITLE:
APPROVED
0 As Recommended
0 As Amended
0 Ordinance on 1 st Reading
0 Ordinance on 2nd Reading
0 Implementing Resolution
0 Set Public Hearing For
ORDINANCE AMENDMENT TO GRANT
CITY ATTORNEY DISCRETION TO
PROSECUTE VIOLATIONS OF THE
MUNICIPAL CODE AS MISDEMEANORS
OR INFRAC~ONS /L
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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.
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Ordinance Amendment to Section 1-8 of the Code
January 18, 2005
Page 2
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the proposed
proje Statutorily Exempt from CEQA.
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Icp 1/6/05
ORDINANCE NO. NS-2674
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA AMENDING SECTION 1-8 OF
THE SANTA ANA MUNICIPAL CODE TO GRANT
THE CITY ATTORNEY DISCRETION TO
PROSECUTE CRIMINAL VIOLATIONS OF THE
CODE AS MISDEMEANORS OR INFRACTIONS
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds,
determines and declares as follows:
A.
Currently, except where otherwise noted, all criminal violations of
the Santa Ana Municipal Code are prosecuted as misdemeanors.
The Council desires to give the City Attorney discretion to
determine whether violations of the Santa Ana Municipal Code
should be criminally prosecuted as misdemeanors or infractions.
B.
All provisions of the Santa Ana Municipal Code that are repeated
herein are repeated solely in order to comply with the provisions of
section 418 of the Charter of the City of Santa Ana. Any such
restatement of existing provisions of the Code is not intended, nor
shall it be interpreted, as constituting a new action or decision of
the City Council, but rather such provisions are repeated for
tracking purposes only in conformance with the Charter.
Section 2. Section 1-8 of the Santa Ana Municipal Code is hereby amended to
grant the City Attorney discretion to prosecute a violation of the Code as a misdemeanor or
an infraction, such that it reads as follows (new language in bold, deleted language in
strikeout):
Sec. 1-8. Violations - General penalty; continuing violations;
adjudging fines and imprisonment; alternative enforcement.
Unless otherwise specifically stated in this Code, it shall be
unlawful and a misdemeanor for any person to violate or fail to
comply with any provision of this Code and where no specific penalty
is provided therefore in this Code, the violation of any provision of
this Code shall be punished by a fine not exceeding one thousand
dollars ($1,000.00) or imprisonment for a term not exceeding six (6)
months or by both such fine and imprisonment. However, any such
50A-3
Ordinance No. NS-
Page 1 of 3
violation constituting a misdemeanor under this Code may, at
the discretion of the City Attorney, be prosecuted as an
infraction. Each day any violation of any provision of this Code shall
continue shall constitute a separate offense.
As an alternative enforcement method, violations of this Code may be
addressed through the use of an administrative citation as set forth in
sections 1-21.1 through 1-21.9. Use of sections 1-21.1 through 1-21.9
shall not prevent the use of other methods of enforcement or abatement
as provided by this Code. Such methods include but are not limited to
criminal and civil actions.
Section 3. 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 validity 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, phrase or portion thereof irrespective of the fact that
anyone or more sections, subsections, sentences, clauses, phrases, or portions be
declared invalid or unconstitutional.
ADOPTED this
day of
,2005.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Lorena C. Peñaloza
Assistant City Attorney
Ordinance No. NS-
Page 2 of 3
50A-4
AYES:
Councilmembers
NOES:
Councilmembers
ABSTAIN:
Councilmembers
NOT PRESENT:
Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that
the attached Ordinance No. NS-XXX to be the original ordinance adopted by the
City Council of the City of Santa Ana on , and that said
ordinance was published in accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
Ordinance No. NS-
Page 3 of 3
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