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HomeMy WebLinkAboutOrdinance 090 ORDINANCE NO. 90 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCA- DERO AMENDING TITLE 1 OF THE ATASCADER0 MUNICIPAL CODE RELATING TO GENERAL PROVISIONS AND REPEALING SECTION 6 OF ORDINANCE NO. 72. The Council of the City of Atascadero does ordain as follows: Section 1. Chapter 5 is added to Title 1 of the Atascadero Municipal Code relating to general provisions to read as follows: Chapter General Provisions. SCc. 1-5.01. T. t e:_ Reference to Code. This Code shall be known as the "Atascadero Municipal Code" . It shall be sufficient to refer to this Code as the Atascadero Municipal Code in any prosecution for the violation of any provision thereof. It shall also be sufficient to des- ignate any ordinance adding to, amending, or repealing this Code, or portions thereof, as an addition or amendment to, or a repeal of, the Atascadero Municipal Code, or a portion thereof. Sec. 1-5.02. Validity of Code: Severability. If any section, subsection, sentence, clause, or phrase of this Code is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Code. The Council hereby declares that it would have passed this Code and each section, subsection, sen- tence, clause, and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional. Sec. 1-5.03 . Maintenance of Code. Mot less than three (3) copies of this Code shall be filed for use and examination by the public in the office of the City Clerk. At least three (3) additional copies, duly certified by the City Clerk, shall be maintained on file in the City Clerk's office as the official copies of the Code. Additional copies of the Code shall be distributed to the departments and divisions of the City as shall be prescribed by the City Manager. Upon the adoption of any amendment or addition to this Code, or upon the repeal of any of its provisions, the City Clerk shall certify thereto and shall make an appropriate notation in the official volumes of this Code of the taking of such action, noting thereon the number and date of the ordi- nance pursuant to which such action is taken. -1- AG:fr/10/29/84 ORDINANCE NO. 90 Page 2 Duly certified copies of each ordinance making changes in the Code shall be filed in the office of the City Clerk in books for such purpose, duly indexed for ready reference. At least quarterly the City Clerk shall cause the loose leaf pages of this Code in which changes have been made to be reproduced, including the notation as to the ordinance number and date pursuant to which such change is adopted, and dis- tributed in order that the loose leaf copies of the Code, prepared for the use and convenience of the officers and employees of the City and the general public, may be brought up to date. Sec. 1-5.04. Administrative Code. The City Manager is hereby directed to establish and im- plement an Administrative Code. The Administrative Code shall contain, among other desirable provisions, administrative pol- icies and procedures for the implementation and administration of this Code. Section 2. Sections 1-3.01 and 1-3.02 of Chapter 3 of Title 1 of the Atascadero Municipal Code relating to penalty provisions are amended to read as follows: Sec. 1-3.01. violations, misdemeanors or infractions. (a) It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements or provisions of this Code heretofore or hereafter enacted or the provisions of any Code adopted by reference by this Code. Any per-s-on violating any of such provisions or failing to comply with any of the mandatory requirements of this Code, or any Code adopted by reference by this Code, shall be guilty of an infraction, unless such violation or failure to comply is spe- cifically declared to be a misdemeanor by other provisions of this Code. (b) Any person convicted of an infraction under the pro- visions of this Code, or any Code adopted by reference by this Code, shall be punished by: (1) A fine not exceeding One Hundred and No/100ths Dollars ($100.00) for a first violation; (2) A fine not exceeding Two Hundred and No/100ths Dollars ($200.00) for a second violation of the same provision within one (1) year; and 0 ORDINANCE NO. 90 Page 3 (3) A fine not exceeding Five Hundred and No/100ths Dollars ($500.00) for each additional violation of the same provision within one (1) year. (c) Any person convicted of a misdemeanor shall be punished by a fine of not more than One Thousand and No/100ths Dollars ($1,000.00) , or by imprisonment in the County Jail for a period not exceeding six (6) months, or by both such fine and imprisonment. (d) Each such person shall be guilty of a separate of- fense for each and every day during any portion of which any violation of or failure to comply with any provision of this Code, or the provisions of any Code adopted by reference by this Code, is committed, continued, or permitted by such per- son and shall be punishable accordingly. (e) In addition to the penalties provided by this sec- tion, or elsewhere in this Code, or in any Code adopted by reference by this Code, any condition caused or permitted to exist in violation of any of the provisions of this Code, or the provisions of any Code adopted by reference by this Code, shall be deemed a public nuisance and may be abated by the City, and each day such condition continues shall be regarded as a new and separate offense. (f) In any civil action commenced by the City to abate a public nuisance, to enjoin a violation of any provision of this Code, or to collect a civil debt owing to the City, the City shall be entitled to recover from the defendant in any such action reasonable attorneys' fees and costs of suit. Sec. 1-3,02. Changes of misdemeanors to infractions. Any violation expressly declared to be punishable, in the discretion of the court, by either a fine, or by a fine or im- prisonment, or both, shall become an infraction for all pur- poses under any of the following circumstances: (a) Where a judgment imposes a punishment of a fine not exceeding One Hundred and No/100ths Dollars ($100.00) in the case of a first offense; or (b) When the court grants probation to a defendant with- out the imposition of a sentence and, at the time of granting probation, or on application of the defendant or probation officer thereafter, the court declares the offense to be an infraction; or ORDINANCE NO. 90 Page 4 (c) When the City Attorney files in a court having juris- diction over misdemeanor offenses a complaint specifying that the offense is an infraction, unless the defendant, at the time of his arraignment or plea, objects to the offense being made an infraction, in which event the complaint shall be amended to charge the misdemeanor, and the case shall proceed on the misdemeanor complaint. Section 3. Section 6 of Ordinance No. 72 relating to adoption of the Atascadero Municipal Code is hereby repealed. Section 4. The City Clerk shall cause this ordinance to be pub- lished once within fifteen (15) days after its passage in the Atasca- dero News, a newspaper of general circulation, printed, published and circulated in this City in accordance with Government Code section 36933; shall certify the adoption of this ordinance; and shall cause this ordinance and its certification to be entered in the Book of Ordinances of this City. Section 5. This ordinance shall go into effect and be in full force and effect at 12:01 A.M. on the thirty-first (31st) day after its passage. The foregoing ordinance was introduced on November 13, 1984 and adopted ata regular meeting of the City Council held on November 26 , 1984 . AYES: Councilman Molina and Handshy; Councilwoman Norris and Mackey and Mayor Nelson. NOES: None ABSENT: None qop C.. ROLFE D. INELSONp_ Mayor ATTEST: BERT M. JONES, City Clerk ORDINANCE NO. 90 Page 5 APPROVED AS TO CONTENT: RALPH 'H. DOWEL , JR. , ActingCity Manager APPROVED AS TO ORM. ,� ALLEN GRIMES, City Attorney