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HomeMy WebLinkAboutOrdinance No. 93-O16 ORDINANCE NO. 93-016 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA ADOPTED ON AN URGENCY BASIS, AMENDING SECTION 1. 12 . 010 OF THE AZUSA MUNICIPAL CODE ESTABLISHING CIVIL PENALTIES FOR PARKING VIOLATIONS. THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN AS FOLLOWS: WHEREAS, the City Council would like to delete Sections 11.28, 11. 36. 010, and 19.48. 090 from the enumerated infractions in Section 1. 12. 010 of the Azusa Municipal Code; and WHEREAS, the City Council would like to make violations of Sections 11. 28, 11. 36. 010, 19.48. 090, and 19.48. 100 subject to a civil penalty as established by resolution of the City Council. THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN AS FOLLOWS: Section 1. Section 1. 12 . 010 of the Azusa Municipal Code is hereby amended to read as follows: "1. 12. 010. GENERAL PENALTY. No person shall violate any provisions, or fail to comply with any of the requirements of this code. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this code, except those provisions where the violation thereof is designated an infraction, shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the provisions of this code shall be punishable by a fine of not more than five hundred dollars, or by imprisonment in the City or County jail for a period not exceeding six months, or by both such fine and imprisonment. Any person violating the provisions or failing to comply with the mandatory requirements of Chapters 11. 12, 11. 16, 11.20, 11.24, 11. 32, 11. 36, 11.56, 11. 60, 11. 65, or Sections 11.40. 020, 11.44. 030, 11.48. 020, 11. 52 . 010, 11.52 . 020, 11. 52 .030, 11. 52 . 041 and 11.52 . 050 shall be guilty of an infraction. Any person convicted of an infraction under the provisions of this code shall be punishable by (1) a fine not exceeding fifty dollars for a first violation; (2) a fine not exceeding one hundred dollars for a second violation within one year; or (3) a fine not exceeding two hundred fifty dollars for each additional violation within one year. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provisions of this code is committed, continued, or permitted by such person and shall be punishable accordingly. Every person who violates any provision of Sections 11.28, 11. 36. 010, 19.48 . 090 and 19.48. 100 shall be subject to a civil penalty as established by resolution of the City Council. " Section 2 . Pursuant to Government Code Section 36937, the City Council of the City of Azusa hereby declares this Ordinance to be an Urgency Ordinance requiring immediate enactment hereof. This Ordinance is found to be necessary for the immediate preservation of the peace or safety of the general public by allowing the City to address the adjudication needs of those cited for a violation of Sections 11.28, 11. 36. 010, 19.48. 090, and 19.48. 100 of the Azusa Municipal Code, which by State mandate (AB408) will be changed from being a criminal violation to a violation subject to civil penalties, effective July 1, 1993 . Section 3 . If any section, sentence,clause, phrase, part or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance and each section, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more of said sentences, clauses, phrases, parts, or portions may be declared invalid or unconstitutional. Section 4. The Mayor shall sign this Ordinance, and the City Clerk shall attest and certify to the passing and adoption of this Ordinance and shall cause the same to be published as required by law. PASSED, APPROVED and ADOPTED this 1st day of November , 1993 . ifiegtA( 41.°4--:e City of Azusa ATTE 0': ADOLPH SOL ;. , CITY CLERK City of Az sa, California STATE OF CALIFORNIA } COUNTY OF LOS ANGELES } ss: CITY OF AZUSA } I, ADOLPH SOLIS, City Clerk of the City of Azusa, California, do hereby certify that the foregoing ordinance was duly and regularly adopted, passed and approved by the City Council of the City of Azusa, California, at a regular meeting of said City Council held at the regular meeting place thereof on the 1st day of November , 1993 by the following votes: AYES: DANGLEIS, MADRID, NARANJO, MOSES NOES: ALEXANDER ABSENT: NONE Dated this 1st day November , 1993 . / J / ADOLPH -OLIS, City Clerk