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HomeMy WebLinkAbout10/10/1991 VICE MAYOR REFERRAL (PROPOSED ORDINANCES ON[Y) DATE OF REFERRAL: OCTOBER 10, 1991 REFERRED TO: URBAN DEVELOPMENT ITEM: AMENDMENTS TO PENALTY PROVISIONS (Proposed) AN ORDINANCE AMENDING CHAPTER 1.40 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO GENERAL PENALTY; AMENDMENTS TO AND REPEAL OF INDIVIDUAL PENALTY PROVISIONS CONTAINED IN TITLES 5 THROUGH TITLE 12. BACKUP MATERIAL ATTACHED: Yes STATUS: To Council Committee on Committee Report No. Sent to Council on Public Hearing on Ordinance Adopted (date) Proposed Ordinance Canceled (date) Other PLEASE RETURN TO JEAN IN THE CITY MANAGER'S OFFICE WHEN COMPLETED. THANK YOU cc: Carol Williams Mary Ellen Gonzales REFER91.9 JP MEMORANDUM October 3, 1991 TO: VICE-MAYOR KEN PETERSON FROM: LAWRENCE M. LUNARDINI, CITY ATTORNEY-'!". SUBJECT: AMENDMENT TO CHAPTER 1.40 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO GENERAL PENALTY; AM~A~ENTS TO AND REPEAL OF INDIVIDUAL PENALTY PROVISIONS CONTAINED IN TITLES 5 THROUGH TITLE 12. Please refer the following proposed ordinances to whichever committee you deem appropriate: AMENDMENTS TO PENALTY PROVISIONS. Background: These amendments to the Municipal Code are part of a ~~ continuing effort to streamline and clarify the penalty qiprovisions. Adoption of these proposed amendments has necessitated the repeal of several of the individual penalty provisions contained in Titles 5 through 12. ,,i It is not our intention at this time to amend or repeal ~l[~!i/ the specific penalty provisions contained in the Uniform Fire Code, Uniform Building and Construction, and the Uniform Code for Abatement of Dangerous Buildings as they are adopted by the Bakersfield Municipal Code. MGA/meg ORD-REF\ PENALTY.VM Attachment cc: Chief Steve Johnson, Fire Department Chief R. A. Patterson, Police Department Jack Hardisty, Planning Department Cal Bidwell, Building Department Bill,Descary, Treasurer ORDINANCE NO. 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 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 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 provisions and shall become effective thirty (30) days from and after the date of its passage. o0o - 2 - I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED CLARENCE E. MRDDERS MAYOR of the City of Bakersfield APPROVED as to form: LAWRENCE LUNARDINI CITY ATTORNEY of the City of Bakersfield MGA/meg PENALTY.O-4 10/2/91 - 3 - ORDINANCE NO. AN ORDINANCE REPEALING SECTION 5.10. 160 AND SUBSECTION B. OF SECTION 5.50. 330' OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO THE VIOLATION-PENALTY PROVISIONS IN TITLE 5 (BUSINESS TAXES, LICENSES AND REGULATIONS). BE IT ORDAINED by the Council of the City of Bakers- field as follows: SECTION 1. Section 5.10.160. and Subsection B. of Section 5.50.330 of the Bakersfield Municipal Code relating to the violation - penalty provisions in Title 5 (Business Taxes, Licenses and Regulations) are hereby repealed. SECTION 2. This Ordinance shall be posted in accordance with the City Charter provisions and shall become effective thirty (30) days from and after the date of its passage. o0o I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on by the following vote: ' CITY CLERK and'Ex Officio Clerk of the Council of the City of Bakersfield APPROVED CLARENCE E. MRDDERS MAYOR of the City of Bakersfield APPROVED as to form: LAWRENCE LUNARDINI CITY ATTORNEY.of the City of Bakersfield MGA/meg PENALTY\ TITLE5.O-4 10/3/91 - 2 - D R A F T ORDINANCE NO. AN ORDINANCE AMENDING SECTIONS 6.04.270 AND 6.16.010; REPEALING SECTIONS 6.08.030, 6.16.020 AND 6.20. 020 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO ANIMALS. BE IT ORDAINED by the Council of the City of Bakers- field as follows: SECTION 1. Section 6.04.270 of the Bakersfield Municipal Code relating to Public Pound - Dog Licenses is hereby amended to read as follows: 6.04.270 Violation - Penalty. Any person owning, or having the care, custody or control of any dog in the city who refuses, fails or neglects to furnish the health officer, license collector or any duly qualified and licensed physician or veterinarian authorized to vaccinate and license dogs and collect the license fees thereon, as provided in this chapter, the information necessary to properly vaccinate and license such dog, or who resists, hinders or prevents the health officer or any of his assistants in the exercise of his duties, or who fails, neglects or refuses to pay the license fee at the time and in the manner provided in this chapter, or who violates any of the provisions of this chapter, shall be punished as set forth .in the general penalty provision Section 1.40.010. SECTION 2. Section 6.16.010 of the Bakersf-ield Municipal Code relating to Hog Pens is hereby amended to read as follows: 6.16.010 Prohibited - Violation. Any person or persons, firm or corporation who erects or maintains any hog pen or feeding place in which hogs are fed upon any lot within the incorporated limits of the city shall be punished as set forth in the general penalty provision Section 1.40.010. SECTION 3. Sections 6.08.030, 6.16.020 and 6.20.020 of the Bakersfield Municipal Code relating to the violation - penalty provisions in Title 6 (Animals) are hereby repealed. SECTION 4. This Ordinance shall be posted in accordance with the City Charter provisions and shall become effective thirty (30) days from and after the date of its passage. -o0o - 2 - I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED CLARENCE E. MEDDERS MAYOR of the City of Bakersfield. APPROVED as to form: LAWRENCE LUNARDINI CITY ATTORNEY of the City of Bakersfield MGA/meg PENALTY\ TITLE6.O-4 10/3/91 - 3 - ORDINANCE NO. AN ORDINANCEAMENDING SECTION 8.24.040, 8.27.020, 8.28.022, 8.48.180; REPEALING SECTIONS 8.12.040, 8.16.080, 8.32.140, 8.38.030, 8.40.030 AND'8.52.020 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TOHEALTHAND SAFETY. BE IT ORDAINED by the Council of the City of Bakers- field as follows: SECTION 1. Section 8.24.040 of the Bakersfield. Municipal Code relating to Termite-Infested Wood is hereby amended Go read as follows: 8.24.040 Violation - Penalty. Any person, firm, or Corporation who, as principal,- agent, contractor, subcontractor, officer, servant or employee, for himself or itself or for any other person, or for any firm or corporation, or for any officer or department of the city, or for any school district, school board, board of education, or public, quasipublic or political corporation or body, except the United States of America, or who by agent, contractor, subcontractor, servant or employee, violates or refuses to comply with any of the provisions of this chapter, shall be punished as set forth in general penalty provision Section 1.40.010. SECTION 2. Section 8.27.020 of the Bakersfield Municipal Code relating to Property Maintenance is hereby amended to read as follows: 8.27.020 Enforcement. A. The building director shall enforce the provisions of this chapter.-Any person who violates any provision of Section 8.27.010 shall be punished as set forth in general penalty provision Section 1.40.010. B. For each day that a violation exists, it shall constitute a separate offense. SECTION 3. Section 8.28.022 of the Bakersfield Municipal Code relating to Weeds and Debris is hereby amended to read as follows: 8.28.022 Maintenance unlawful - Penalty. A. It is unlawful for any person to maintain weeds and waste matter on public or private property in such a manner as constitutes a nuisance as defined in Sections 8.28.010 and 8.28.020 of this chapter. B. Any person who violates any provisions of this section shall be punished as set forth in general penalty provision Section 1.40.010. C. Each day during which any violation continues shall constitute a separate offense. SECTION 4. Section 8.48.180 of the Bakersfield Municipal Code relating to Electrical Appliances is hereby amended to read as follows: 8.48.180 Violation - Penalty. Any person, firm or corporation, or any partner, officer, agent or employee thereof, violating any of the provisions of this chapter or of the "Code of Standards for Electrical Materials, Devices and Appliances in the City of Bakersfield" hereby adopted, or of any rule or regulation adopted pursuant to this chapter, shall be punished as. set forth in general penalty provision Section 1.40.010. SECTION 5. Sections 8.12.040, 8.16.080, 8.32.140, 8.38~030, .8.40.030 and 8.52.020 of the Bakersfield Municipal Code relating to the violation - penalty' provisions in Title 8 (Health and Safety) are hereby repealed. SECTION 6. This Ordinance shall be posted in accordance with the City Charter provisions and shall become effective thirty (30) days from and after the date of its passage. o0o -- 2 -- I HE~RBy CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the-City of Bakersfield at a regular meeting thereof held on , by the following vote: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED CLARENCE E. MEDDERS · MAYOR of the City of Bakersfield APPROVED as to form: LAWRENCE LUNARDINI CITY ATTORNEY of the City of Bakersfield MGA/meg PENALTY\ TITLE8.O-4 10/3/91 ORDINANCE NO. AN ORDINANCE AMENDING SECTIONS 9.54.010 AND 9.60.010; REPEALING SECTIONS 9.02.020, 9.16.030, 9.22.030, 9.24.090, 9.28.050, 9.30.020, 9.32.030, 9.34..100, 9.34.140, 9.34.160, 9.44.030 AND 9.70.020 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO PUBLIC PEACE, MORALS AND WELFARE. BE IT ORDAINED by the Council of the City of Bakers- field as follows: SECTION 1. Section 9.54.010 of the Bakersfield Municipal Code relating to Airguns and Slingshots is hereby amended to read as follows: 9.54.010 Carrying prohibited - ExceptioD. Any person who carries on his person, or makes use of any airgun, slingshot or instrument, or other thing commonly used or which may be used for throwing any shot,.bullet, rock, stone, pebble or other missile, within the city, shall be punished as set forth in general penalty provision Section 1.40.010; provided, however, that this section does not apply to any adult person when using any of the above-described instruments or things upon premises owned or occupied by said adult person in the protection of his property, but such use must at all times be with due regard to the safety of others. SECTION 2. Section 9.60.010 of the Bakersfield ~Municipal Code relating to Hats in Theaters is hereby amended to read as follows: 9.60.010 Obstructing view With headgear Droh~bitea. Any person who, at any theater or place of amusement within the city, wears any hat or headgear that obstructs the view of those sitting behind them, while a performance, play or other entertainment is being given and actually in progress, shall be punished as set forth in general penalty provision Section 1.40.010. SECTION 3. Sections 9.02.020, 9.16.030, 9.22.030, 9.24.090, 9.28.050, 9.30.020, 9.32.030, 9.34.100, 9.34.140, 9.34.160, 9.44.030 and 9.70.020 of the Bakersfield Municipal Code relating to the violation - penalty provisions in Title 9 (Public Peace, Morals and Welfare) are hereby repealed. SECTION 4. This Ordinance shall be posted in accordance with the City Charter provisions and shall become effective thirty (30) days from and after the date of its passage. .......... o0o .... - 2 - I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on by the following vote: ' CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED CLARENCE w.. MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: LAWRENCE LUNARDINI CITY ATTORNEY of the City of Bakersfield MGA/meg PENALTY\ TITLE9.O-4 10/1/91 - 3 - ORDINANCE NO. AN ORDINANCE REPEALING SECTIONS 10.04.060, 10.68.120, 10.69.130, 10.76.130, 10.80.070 AND 10.82.030 OF THE BAKERSFIELD MUNICIPAL CODE RELATING 'TO THE VIOLATION-PENALTY PROVISIONS IN TITLE 10 (VEHICLES AND TRAFFIC). BE IT ORDAINED by the Council of the City of Bakers- field as follows: SECTION 1. Sections 10.04.060, 10.68.120, 10.69.130, 10.76.130, 10.80.070 and 10.82.030 of the Bakersfield Municipal Code relating to the violation - penalty provisions in Title 10 (Vehicles and Traffic) are hereby repealed. SECTION 2. This Ordinance shall be posted in accordance with the City Charter provisions and shall become effective thirty (30) days from and after the date of its passage. 000- I ~R.~RRy CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on by the following vote: ' CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED CLARENCE E. MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: LAWRENCE LUNARDINI CITY ATTORNEY of the City of Bakersfield MGA/meg PENALTY\ TITLE10.0-4 10/3/91 - 2 - ORDINANCE NO. AN ORDINANCE AMENDING SECTIONS 12.28.010 AND 12.28.020; REPEALING SECTIONS 12.16.260, 12.21.020, 12.24.040, 12.28.050, 12.40.120, 12.44.040,'12.56.260 AND 12.57.020 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO STREETS, SIDEWALKS AND PUBLIC PLACES. BE IT ORDAINED by the Council of the City of Bakers- field as follows: SECTION 1. Section 12.28.010 of the Bakersfield Municipal Code relating to Water in Gutters or Sidewalks is hereby amended to read as follows: 12.28.010 Hose or water pipe on public way unlawful. Any person leaving or permitting to be left any.hose or water pipe upon or across any sidewalk., sidewalk space or any public passageway, within the city, between the hours of nine p.m. and six a.m., shall be punished as set forth in general penalty provision Section 1.40.010. SECTION 2. Section 12.28.020 of the Bakersfield Municipal Code relating to Water in Gutters or Sidewalks. is hereby amended to read as follows: 12.28.020 Water on sidewalks unlawful - Exception. Any person owning or having in his possession any water pipe, drain or hose and who permits the water therefrom to run across any sidewalk, public street or alleyway, so as to injure the same or obstruct or interfere with the free travel thereon, or who permits said water to run into or upon the surface of the street, shall be punished as set forth in general penalty provision Section 1.40.010, excepting, however, that 'it is not unlawful to use a reasonable amount of water to clean any sidewalk or portion thereof within the city. SECTION 3. Sections 12.16.260, 12.21.'020, 12.24.040, 12.28.050, 12.40.120, 12.44.040, 12.56.260 and 12.57.020 of the Bakersfield Municipal Code relating to the violation - penalty provisions in Title 12 (Streets, Sidewalks and Public Places) are hereby repealed. · SECTION 4. This Ordinance shall be posted in accordance with the City Charter provisions and shall become effective thirty (30) days from and after the date of its passage. ........... o0o - 2 - I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on by the following vote: ' CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED CLARENCE E. MEDDERS MAYOR of the City. of Bakersfield APPROVED as to form: LAWRENCE LUNARDINI CITY ATTORNEY of the City of Bakersfield MGA/meg PENALTY\ TITLE12.O-4 10/3/91