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Home My WebLink About11C - 2ND READ ORD - CODE VIOLATIONSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 1, 2015 TITLE: ORDINANCE SECOND READING: AMEND SECTION 1 -8 OF THE SANTA ANA MUNICIPAL CODE RELATING TO MUNICIPAL CODE VIOLATIONS AND GENERAL PENALTIES (STRATEGIC PLAN NO. 5, 1) 7 CITY MANAGER RECOMMENDED ACTION Place ordinance on second reading and adopt. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1a` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER On August 4, 2015, the following Ordinance was introduced for first reading and City Council authorized publication of title by a vote of 4 -0 (Martinez, Pulido and Tinajero absent): ORDINANCE NO. NS -2882 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING CHAPTER 1, SECTION 1 -8 OF THE SANTA ANA MUNICIPAL CODE RELATING TO VIOLATIONS AND GENERAL PENALTIES STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). FISCAL IMPACT There is no fiscal impact associated with this action. Maria D. Huizar, Clerk of the Council ATTACHMENT: Ordinance No. NS -2882 11C-1 11C-2 (tij 08- 10 -15) ORDINANCE NO. NS -XXX AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING CHAPTER 1, SECTION 1 -8 OF THE SANTA ANA MUNICIPAL CODE RELATING TO VIOLATIONS AND GENERAL PENALTIES 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. The City Council is authorized pursuant to section 420 of the City Charter to make any violation of its ordinances a misdemeanor or infraction, which may be prosecuted in the name of the People of the State of California; and B. Section 1 -8 of the Santa Ana Municipal Code ( "Code ") provides that, unless otherwise specifically stated in the Code, any violation of or failure to comply with any provision of the Code shall be a misdemeanor and, where no specific penalty is provided in the Code, the violation shall be punished by a fine not exceeding one thousand dollars ($1,000.00) or imprisonment for a term not to exceed six (6) months, or by both such fine and imprisonment; and C. Section 1 -8 of the Code provides the City Attorney's Office with discretion to prosecute any violation constituting a misdemeanor as an infraction. However, where officers issue criminal citations, the Code does not provide the officer with discretion to determine whether such violations should be charged as infractions; and D. The citing officer is often in the better position to determine whether the observed criminal conduct rises to the level of an infraction or a misdemeanor violation; and E. Where an officer mistakenly issues a citation as an infraction but the violation constitutes a misdemeanor, or where the City Attorney may desire to file a misdemeanor citation as an infraction based on the nature of the violation, the Police Department Court Liaison staff must incur additional work in preparing and serving the cited person with an amendment before filing the citation with the court; and F. Violations routinely filed as misdemeanors also result in an increased administrative burden for the court in processing these matters; and Ordinance No. NS -XXX 11C-3 Page 1 of 3 G. The proposed amendment to Section 1 -8 would provide the citing officer with the discretion to issue infraction citations for violations of the Code that would otherwise constitute misdemeanors, as the officers may deem appropriate based on the circumstances surrounding the violation; and H. The proposed amendment to Section 1 -8 will help to alleviate the workload of the Police Department Court Liaison and City Attorney staff in amending misdemeanor charges to infractions, as well as create efficiencies in processing and prosecuting these criminal citations in the court system. SECTION 2. The adoption of this ordinance is exempt from the California Environmental Quality Act and a Notice of Exemption will be filed if this ordinance is adopted. SECTION 3. Section 1 -8 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): 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 therefor 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 violation constituting a misdemeanor under this Code may, at his or her discretion, be prosecuted by the city attorney and cited by the issuing officer 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 4. 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 any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Ordinance No. NS -XXX 11C-4 Page 2 of 3 ADOPTED this day of AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers (tlj 08- 10 -15) 2015. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney A Teresa L. Judd Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, 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 11C-5 Ordinance No. NS -XXX Page 3 of 3 11C-6