HomeMy WebLinkAboutORD NO 3439ORDINANCE NO. 8 & 3 9
AN ORDINANCE AMENDING CHAPTER 1.40
OF THE BAKERSFIELD MUNICIPAL CODE
RELATING TO GENERAL PENALTY.
BE IT ORDAINED by the Council of the City of Bakers-
field as follows:
SECTION 1.
Chapter 1.40 of the Bakersfield Municipal Code is
hereby amended to read as follows:
CHAPTER 1.40
General Penalty
Section:
1.40.010
Violation - Penalty.
Section 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 ($50.00)
for a first violation, one hundred dollars ($100.00) for a second
violation within one year, and two hundred fifty dollars ($250.00)
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 five hundred dollars
($500.00), or by imprisonment in the County jail for a period not
to exceed six (6) months, or by both such fine and imprisonment.
Each such person or entity shall be guilty of a separate
offense for each and every day during any portion of which any
violation of any provision of this code is committed, continued,
or permitted by any such person or entity and shall be punished
accordingly.
ORIGINAL
B. In addition to the penalties provided in this
section, any condition caused or permitted to exist in violation
of any of the provisions of this code shall be deemed a public
nuisance and may be, by the city, summarily abated as such, and
each day such condition continues shall be deemed a new and
separate offense. This code may also be enforced by injunction
issued out of the superior court upon the suit of the city or the
owner or occupant of any real property affected by such violation
or prospective violation. This method of enforcement shall be
cumulative and in no way affect the penal provisions hereof.
C. The City of Bakersfield shall be entitled to
restitution for all expenses incurred enforcing the provisions of
this code against any person or entity in violation thereof.
SECTION 2.
This Ordinance shall be posted in accordance with the
Bakersfield Municipal Code and shall become effective thirty (30)
days from and after the date of its passage.
.......... o0o ..........
ORIGINAL
I NEREBY CERTIFY that the foregoing Ordinance was passed
and adopted by the Council of the City of Bakersfield at a regular
meeting thereof held on JAN 2 9 1992 , by the following
vote:
AYES; COUNCILMEMBERS EDWARO.S, DeMOND, SMITH, BRUNNI, PETERSON, McDERMOTT, SALVAGGIO
NOt~S; COUNCILMEMBER~
A$~NT COUN,~LMEMBERS:
~TAIN: CO~ILME~RS
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED ,J~N 2 9 1992
CLARENCE E. MW. nDERS
MAYOR of the City of Bakersfield
APPROVED as to form:
LAWRENCE M. LUNARDINI
CITY ATTORNEY of the City of Bakersfield
MGA/meg
PENALTY\
PENALTY.O-4
12/31/91
- 3 -
ORIGINAL
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
County of Kern)
CAROL WILLIAMS, Being duly
That she is the duly appointed,
of Bakersfield; and that on the
posted on the Bulletin Board at
the following: Ordinance No.
City Council at a meeting held on the
and entitled:
sworn, deposes and says:
acting and qualified City Clerk of the City
5th day of February , 19 92 she
City Hall, a full, true and correct copy of
3439 , passed by the Bakersfield
29th day of January , 19912
NSAOPD
/s/ CAROL WILLIAMS
CITY CLERK of the City of Bakersfield
By:
DEPUTY City Clerk