HomeMy WebLinkAboutORD NO 4836ORDINANCE NO. 4836
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AN ORDINANCE AMENDING TITLE 1 CHAPTER 1.40
SUBSECTION 1.40.010 OF THE BAKERSFIELD MUNICIPAL
CODE RELATING TO GENERAL PROVISIONS.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Chapter 1.40 subsection 1.40.010 of the Bakersfield Municipal Code is
hereby amended to read as follows:
TITLE 1 GENERAL PROVISIONS
Chapter 1.40 General Penalty
1.40.010 Violation - Penalty
A. Unless otherwise expressly provided in this code, a violation of any
provision of this code, or a failure to comply with any of the mandatory
requirements of this code, or counseling, aiding or abetting a violation or failure
to comply shall be punishable as an infraction or misdemeanor.
Any person or entity convicted of an infraction under this code where
punishment is not otherwise provided in this code, shall be punished by a fine
not exceeding fifty dollars for a first violation, one hundred dollars for a second
violation within one year, and two hundred fifty dollars for each additional
violation within one year.
Any person or entity convicted of a misdemeanor under this code where
punishment is not otherwise provided in this code, shall be punished by a fine of
not more than one thousand dollars or as specified by state law, or by
imprisonment in the county jail for a period not to exceed six months, or by both
such fine and imprisonment.
Each such person or entity shall be guilty of a separate offense for each
and every day during any portion of which any violation of any provision of this
code is committed, continued, or permitted by any such person or entity and
shall be punished accordingly.
B. In addition to the penalties provided in this section, any condition
caused or permitted to exist in violation of any of the provisions of this code shall BaK
be deemed a public nuisance and may be, by the city, summarily abated ae F%
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such, and each day such condition continues shall be deemed a new and
separate offense. This code may also be enforced by injunction issued out of
the superior court upon the suit of the city or the owner or occupant of any real
property affected by such violation or prospective violation. This method of
enforcement shall be cumulative and in no way affect the penal provisions
hereof.
C. The City of Bakersfield shall be entitled to restitution for all expenses
incurred enforcing the provisions of this code against any person or entity in
violation thereof.
This Ordinance shall be posted in accordance with the provisions of the
Bakersfield Municipal Code and shall become effective thirty (30) days from and
after the date of its passage.
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I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted
by the Cour- Al 01 the City of Bakersfield at a regular meeting thereof held on
M R , by the following vote:
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COUNCILMEMBER: MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, PAFiL1ER
N YES: COUNCILMEMBER:
COUNCILMEMBER:
ABSENT: COUNCILMEMSER: FwA /O.
ROBERTA GAFFORD, C
CITY CLERK and EX OFFICIO Clerk of the
Council of the City of Bakersfield
APPROVED: MAR 021016
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attor ey ee
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ANA LLARDO -KING
Assoc n
Associate City Attorney U
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
)as.
County of Kern )
ROBERTA GAFFORD, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 4th day of March she posted on the Bulletin Board at City Hall, a
full, true and correct copy of the following: Ordinance No. 4636, passed by the
Bakersfield City Council at a meeting held on the 2nd day of March. 2016 and entitled:
AN ORDINANCE AMENDING TITLE 1 CHAPTER 1.40 SUBSECTION
1.40.010 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO
GENERAL PROVISIONS.
ROBERTA GAFFORD
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By:
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