Loading...
Chapt 21.88 - Penalties (1988)CITY COUNCIL MEETING JUNE 21, 1988 Second Reading - Ordinance 1704 - City-initiated text amendment to Section 21.88.040 (Penalties) of thes Municipal S~ond Readinq of Ordin~e 1704 appr~es amendments to Chapter 21.88.040 of the Campbell Municipal Code clarifying criteria to be used for charging a violator with a misdemeanor. ORDINANCE NO. ~704 BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AMENDING SECTION 21.88.040 (PENALTIES) OF THE CAMPBELL MUNICIPAL CODE (TA 88-01) The City Council of the City of Campbell does ordain as follows: SECTION ONE: That Chapter/Section 21.88.040 (Penalties) of the Campbell Municipal Code is hereby amended as set forth in Exhibit A, attached hereto. SECTION TWO: This Ordinance shall become effective thirty days following its passage and adoption and shall be published once within fifteen days upon passage and adoption in the San Jose Mercury News, a newspaper of general circulation in the City of Campbell, County of Santa Clara. PASSED AND ADOPTED this 215t day of roll call vote: June , 19 88 , by the following AYES: NOES: Councilmembers: Kotowski, Doetsch, Watson Councilmembers: None ABSEN~: ATTEST: Councilmembers: Ashworth, Podgorsek B' ~i~liam R. Podgorsek, Mayor ~:/Jeanette Watson, Mayor Pro Tem B'arbara Olsasky~ THE FOP~GO'.NO INSTRUMENT ~$ A TRUE ANn CC~mZCr CO~Y OF THE ORIGINAL ON FILE 1;,) T~)S OFF!CE. ATTEST: CA~%~ OL$~14Y, CI~ CLERK, EXHIBIT A BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AMENDING SECTION 21.88.040 OF THE CAMPBELL MUNICIPAL CODE, REVISED PENALTIES The City Council of the City of Campbell does ordain as follows: SECTION 1: Chapter 2L88 of the Campbell Municipal Code, Revised, is hereby amended by deleting Section 21.88.040 as it presently reads, and revising the Section to read as follows: 21.88.040 Penalties. (a) It is unlawful for any person, firm or corporation to violate any provision, or fail to comply with any mandatory requirement of this Title. Except as otherwise provided in subsection (b), any entity violating any provision, or failing to comply with any mandatory requirement of this Title is guilty of'an infraction, and upon conviction shall be punished by a fine of not more than $100.00 (b) Notwithstanding any provision to the contrary, any person, firm or corporation co~nitting any act made Unlawful pursuant to subsection (a) shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not more than $1,000.00 and/or /mprisonment of not more than six (6) months, if any of the following circumstances exists: (1) The violation was committed willfully or with knowledge of its illegality; · (2) The violator does not cease, or otherwise abate the violation after receiving notice of such violation; (3) The violator has previously been convicted of violating the same provision of this Title within two (2) years of the currently charged violation; or (4) The provision violated specifies that such violation shall be a misdemeanor. (c) Each person, firm or corporation violating any provision, or failing to comply with the mandatory requirements of this Title shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Title is committed, continued, or permitted by such person, firm or corporation, and shall be punishable as provided in this section. Any use not specifically permitted'under the provisions governing the zone tn~hich such use is located shall be considered a violation of this Title. CITY COUNCIL MEETING JUNE 7, 1988 Public Hearing - Introduction of Ordinance (Cont'd. 5/17/88) - City-initiated text an~ndment to Section 21.88.040 (Penalties) of the Campbell ~nicipal Code (Ordinance 1704) This is the time and place for a public hearing to consider a City-initiated text aunencl~ent to Section 21.88.040 of the C~nlpbell Municipal Code. City Attorney Seligmann - Staff Sun~ Report dated 6/7/88, and City Attorney's memorandum dated 6/1/88. The Mayor declared the public hearing open. M/S: Watson/Kotowski - to close the public hearing. Motion adopted unanimously. M/S: Kotowski/Watson - to introduce for first reading Ordinance 1704. Motion adopted by the following roll call vote: AYES: Councilmembers: Ashworth, Kotowski, Watson, Podgorsek NOES: Councilmembers: None ABSENT: Councilmembers: Doetsch The City Clerk read the Ordinance title. M/S: Kotowski/Watson - to waive further reading. Motion adopted unanimously. CITY COUNCIL MAY 17, 1988 Public- Hearing - Introduction of Ordinance - City-initiated text amendment to Section 21.88.040 (Penalties) of the Municipal Code This is the tim~ and pla~e to consider a City-initiated text amendment to the Campbell Municipal Code to amend the "Penalties" section of the Zoning Ordinance o Planning Director Kee - Staff Sun,,~ry Report dated 5/17/88. The Mayor declared the public hearing open. M/S: Watson/Kotowski - to continue the public hearing to the regular n~eting of June 7, 1988. ~tion adopted unanimously. CITY OF CAMPBELL COUNCIL REPORT Meeting Date: Category: Initiating Dept: Title: May 17, 1988 Item#- PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES Planning Department Public hearing - Introduction of Ordinance - City-initiated text amendment to Section 21.88.040 (Penalties) of the Campbell Municipal Code - TA 88-01. PLANNING COMMISSION RECOMMENDATION That the City Council amend Section 21.88.040 of the Campbell Municipal Code as indicated in Exhibit A, attached hereto. DISCUSSION The City Attorney is recommending that the "Penalties" section of the Zoning Ordinance be amended as indicated in Exhibit A. In summary, this change would give the City more latitude by being able to choose whether to issue a citation as an infraction or a misdemeanor. Currently, violations of the Zoning Ordinance are all misdemeanors, which is a more serious violation than an infraction, with the possibility of jail time. The infraction customarily would result in a small fine. By approving this amendment, the City could decide for each offense which type of citation would be appropriate. The Planning Commission, at its meeting of April 12, 1988, adopted Resolution No. 2526 (vote: 4-3) recommending that the City Council amend Section 21.88.040 as indicated in Exhibit A. Attachments 1. Ordinance with Exhibit A. 2. Planning Commission minutes of April 12, 1988. PLANNING COMMISSION MEE'i~NG APRIL 12, 1988 TA 88-01 City-initiated Public hearing to consider a City-initiated Text Amendment amending Section 21.88.040 Penalities of the Campbell Municipal Code. City Attorney Seligmann reviewed the Staff Report of April 12, 1988, noting that this change would give the City more latitude by being able to choose whether to issue a citation as an infraction or a misdemeanor. Currently, violations of the Zoning Ordinance are all misdemeanors, which is a more serious violation than an infraction, with the possibility of jail time. The infraction customarily would result in a small fine. By approving this amendment, the City could decide for each offense which type of citation would be appropriate. Commissioner Kasolas asked who would decide whether an issue was a misdemeanor or an infraction, and when. Mr. Seligmann indicated that the decision would ultimately be with the City Attorney. Commissioner Kasolas felt that everything should be a misdemeanor or everything should be an infraction, in that the decision as to what will be could be arbitrary and capricious and that decision should not be the burden of one person. Discussion ensued regarding the procedure for determining of fines; the intent of the ordinance; and, the potential problems with all the authority being with one person. Commissioner Dickson indicated he would rather see a review board situation, rather than the authority resting on one person, and he recommended against this change as written. Mr. Seligmann noted that the authority to make this decision is vested to the office of the City Attorney by the State. Authority is also vested to the issuing officer. Chairman Christ opened the public hearing and invited anyone to speak on this item. M/S: Dickson, Stanton - M/S: Dickson, That the public hearing on TA 88-01 be closed. Motion carried unanimously (7-0-0). That the Planning Commission adopt a resolution recommending that the City Council deny TA 88-01 for reasons indicated in the discussion. Motion dies for lack of second. M/S: Perrine, Walker - That the Planning Commission adopt Resolution No. 2526 recommending that the City Council amend Section 21.88.040 of the Campbell Municipal Code as indicated in Exhibit A, attached hereto. PLANNING COMMISSION MEE'~,NG APRIL 12, 1988 PAGE 2 Discussion on motion Commissioner Dickson opposed the motion, stating that he felt the way the amendment is written does not give potential for fairness. Commissioner Kasolas opposed the motion, stating that it does not appear to be equitable. Commissioner Olszewski opposed the motion, stating that he would like to have the language clearer. Commissioner Perrine spoke in favor of the motion, stating that if the wording is arbitrary, the issues will be coming before the Cox~ission. He sees the amendment as a step to address the backload of litigation and efficiently address planning functions in the City. Chairman Christ supported the motion. Vote on motion Motion carried with the following roll call vote: AYES: NOES: ABSENT: Commissioners: Commissioners: Commissioners: Stanton, Perrine, Walker, Christ Kasolas, Olszewski, Dickson None. RESOLUTION NO. 2526 PLANNING COMMISSION BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A TEXT AMENDMENT TO THE CAMPBELL MUNICIPAL CODE, CHAPTER 21.88.050 (PENALTIES). TA 88-01 AFter notification and public hearing as specified by law on proposed amendments to the text of the Campbell Municipal Code, and after presentation by the Planning Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, and based upon the following findings, the Commission did determine that there was a significant need to amend Chapter 21.88.050 (Penalties) of the Campbell Municipal Code. The City Attorney is of the opinion that this change would give the City more latitude by being able to choose whether to issue a citation as an infraction or a misdemeanor. me Currently, violations of the Zoning Ordinance are all misdemeanors, which is a more serious violation than an infraction, with the possibility of jail time. The infraction customarily would result in a small fine. 3. By approving this amendment, the City could decide for each offense which type of citation would be appropriate. The Planning Cormmission does hereby recommend that the City Council adopt the attached Ordinance enacting the necessary legislation to make the proposed text amendment effective. PASSED AND ADOPTED this 12th day of April 1988 by the following roll call vote: AYES: NOES: ABSENT: Commissioners: Commissioners: Commissioners: Stanton, Perrine, Walker, Christ Kasolas, Olszewski, Dickson None ATTEST: Arthur A. Kee Secretary APPROVED: Ronald W. Christ Chairman ITEM NO. 13 ~ STAFF REPORT - PLANNING COMMISSION MEETING OF APRIL 12, 1988 TA 88-01 City-initiated Public hearing to consider a City-initiated Text Amendment amending Section 21.88.040 Penalities of the Campbell Municipal Code. STAFF RECOMMENDATION That the Planning Commission adopt a Resolution recommending that the City Council amend Section 21.88.040 of the Campbell Municipal Code as indicated in Exhibit A. STAFF DISCUSSION The City Attorney is recommending that the "Penalties" section of the Zoning Ordinance be amended as indicated in Exhibit A. In summary, this change would give the City more latitude by being able to choose whether to issue a citation as an infraction or a misdemeanor. Currently, violations of the Zoning Ordinance are all misdemeanors, which is a more serious violation than an infraction, with the possibility of jail time. The infraction customarily would result in a small fine. By approving this amendment, the City could decide for each offense which type of citation would be appropriate. CITY COUNCIL MINUTES APRIL 5, 1988 Public Hearing - Introduction of Ordinance - Amending the Penalty Provision of the Campbell Municipal Code (Ordinance 1693) City Attorney Seligmann - Staff S~.,,~ry Report dated 4/5/88. (k~nci~r Doetsch - inquired re City regulations concerning littering. Mayor Podgorsek - asked that the City Attorney research this issue and prepare an ordinance to cover littering, if necessary. The Mayor declared the public hearing ~pen. Ron Perry, 1420 Harriet Ave. - asked for clarification re Code sections being addressed this evening. City Attorney Seligmann responded to Mr. Pe~-£y ' s question. M/S: FDtowski/Watson - to close the public hearing. Motion adopted unanimously. M/S: Kotowski/Doetsch - to introduce for first reading the proposed ordinance expanding the use of infraction penalties for Code violations. Motion adopted by the following roll call vote: AYES: Councilmembers: Ashworth, Doetsch, Watson, Podgorsek NOES: Councilmembers: None ABSENT: Councilm~mbers: None The City Clerk read the ordinance title. M/S: Kotowski/Watson - to waive further reading. Motion ad~pted unanimously.