HomeMy WebLinkAboutOrd 01-07 Amend MuniCode Violation Penalties
ORDINANCE NO.1 - 07
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
***********
AMENDING SECTION 1.04.030 OF THE DUBLIN MUNICIPAL CODE
RELATING TO PENALTIES FOR VIOLATION OF THE MUNICIPAL CODE
WHEREAS, the California Government Code Section 36900 provides that a violation of a city
ordinance is a misdemeanor unless by ordinance it is made an infraction; and
WHEREAS, several provisions of the Dublin Municipal Code (DMC) establish violations of the
DMC as infractions: and
WHEREAS, DMC Section 1.04.030 provides for the penalties associated with misdemeanor
violations of the DMC, but does not provide for penalties associated with infraction violations ofthe
DMC; and
WHEREAS, the City Council desires to amend Section 1.04.030 to provide that misdemeanors
may be charged as infractions and to clarify the penalty provisions associated with violations of the DMC.
NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows:
Section 1. Section 1.04.030 of the Dublin Municipal Code is revised to read as follows:
"Violations as misdemeanors or infractions-Penalties.
A. Violation of any provision of this code shall constitute a misdemeanor and shall be
punishable by imprisonment in the County Jail not exceeding six (6) months, or by fine not
exceeding one thousand dollars ($1,000), or by both, unless expressly described as an
infraction. Notwithstanding the preceding sentence, or any other provision of this code, a
violation of this code may, in the discretion of the designated enforcement officer, or if no
enforcement officer is indicated, in the discretion of the City Attorney, be charged and
prosecuted as an infraction.
B. Except as otherwise provided in this code, any person convicted of an infraction under this
Code shall be punished by a fine of not more than one hundred dollars ($100) for a first
violation; a fine not exceeding two hundred dollars ($200) for a second violation of the
same code section within one year of the first violation; and a fine not exceeding five
hundred dollars ($500) for each additional violation of the same code section within one
year of the first violation. Any person convicted ofthree (3) or more infractions within a
twelve (12) month period following the first violation may, in the discretion of the
designated enforcement officer, or if no enforcement officer is indicated, in the discretion
of the City Attorney, be charged and prosecuted for a misdemeanor for any additional
violations of the same code section.
Ord No. 1-07, Adopted 2/20/07, Item 4.8
Page 1 of2
C. Causing, permitting, aiding, abetting or concealing a violation of any provision of this code
shall constitute a violation of such provision.
D. A separate offense shall be deemed committed each day a violation of any provision ofthis
code occurs or continues."
Section 2. Severability. The provisions of this Ordinance are severable and if any provision,
clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any
person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect
or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the
ordinance or their applicability to other persons or circumstances.
Section 3. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days
following its adoption.
Section 4. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be
posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the
Government Code of the State of California.
PASSED, APPROVED AND ADOPTED this 20th day of February, 2007, by the following vote.
AYES: Councilmembers Hildenbrand, Oravetz, Sbranti and Scholz, and Mayor Lockhart
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: ~ \ ,
'/, \ \ ,.~-
\ }-,-_L/"--, ,.
"' City Clerk
\.:\.,.....".<)-.""\..,,..
Ord No. 1-07, Adopted 2/20/07, Item 4.8
Page 2 of2