HomeMy WebLinkAboutOrdinance 2047 N.C.S. 06/02/1997
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2 JUL 2 19
97
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5 ORDINANCE NO. 2047 N.C.S.
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7 Introduced by Seconded by
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10 Pamela Torliatt Matt Maguire
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13 AN ORDINANCE OF THE COUNCIL OF THE CITY OF PETALUMA
14 AMENDING SECTIONS 1.04.060 "VIOLATIONS -PENALTY" AND
15 1.04.070 "FORFEITURE OF BAIL" OF TITLE 1 "GENERAL
16 PROVISIONS" OF THE PETALUMA MUNICIPAL CODE
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19 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
20 FOLLOWS:
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22 Section 1. Section 1.04.060 "Violations -Penalty" of Chapter 1 "General Provisions" of
23 the Petaluma Municipal Code is hereby amended to read as follows:
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25 1.04.060 Penalty for violations.
26 A. Unless otherwise specified, any person, firm or corporation,
27 whether as principal, agent, employee or otherwise violating
28 or causing the violation of any provision of this code,
29 including any uniform codes adopted by reference in this
30 code, shall be guilty of an infraction. Unless otherwise
31 specified, upon a second or subsequent violation of the
32 same code section committed within one year, said violation
33 shall constitute a misdemeanor. Any violation constituting a
34 misdemeanor under this code may, in the discretion of the
35 city attorney, be charged and prosecuted as an infraction.
36 B. Unless otherwise specified, any person, firm or corporation
37 convicted of an infraction under the provisions of this code
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Ord. 2047 NCS
1 shall be punishable by a fine as follows: upon a first
2 conviction, by a fine not to exceed one hundred dollars;
3 upon a second conviction of a violation of the same code
4 provision committed within one year, by a fine not to
5 exceed two hundred dollars; and for each additional
6 conviction of a violation of the same .code provision
7 committed within one year, by a fine not to exceed five
g hundred dollars. Unless otherwise specified, any person,
9 firm or corporation convicted of a misdemeanor under the
10 provisions of this code shall be purishable by a fine not to
11 exceed one thousand dollars, or by imprisonment in the
12 county jail for a period of not more than six months, or by
13 both such fine and imprisonment.
14 C. Each separate day or portion thereof on which a violation
15 occurs shall be deemed to constitute a separate offense
16 punishable as herein provided. No abatement proceedings
17 by the city shall be affected or limited by this section.
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19 Section 2. Section 1.04.070 "Forfeiture of bail" of Chapter 1 "General Provisions" of the
20 Petaluma Municipal Code is hereby amended to read as follows:
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22 1.04.070 Forfeiture of bail.
23 A. In the case of any violation of this code, other than a
24 violation of planning, building or fire codes, if at the time
25 when the case is called for arraignment before the
26 magistrate the defendant does not appear either in person or
27 by counsel, the magistrate may declare the bail forfeited and
2g may in his discretion order that no further proceedings be
29 had in the case, unless:
30 1. The defendant has been charged with a misdemeanor
31 pursuant to provisions of this code; or
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1 2. The defendant has been charged with a second
2 violation of the same code section committed within
3 one year, as set out in Section 1.04..060.
4 B. Upon making of the order that no further proceedings be
5 had, all sums deposited as bail shall forthwith be paid into
6 the city treasury.
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8 Section 3. If any section, subsection, sentence, clause or phrase or word of this ordinance
9 is for any reason held to be unconstitutional by a court of competent jurisdiction, such decision
10 shall not affect the validity of the remaining portions of this ordinance. The City Council of the
11 City of Petaluma hereby declares that it would have passed and adopted this ordinance and each
12 and all provisions thereof irrespective of the fact that any one or more of said provisions be
13 declared unconstitutional.
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15 Section 4. The City Clerk is hereby directed to post this ordinance for the period and in
16 the manner required by the City Charter.
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18 INTRODUCED and ordered posted/pled this 19th day of May , 1997.
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20 ADOPTED this 2nd day of June , 1997 by the following vote:
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22 AYES: Keller, Torliatt, Maguire, Mayor Hilligoss
23 NOES: None
24 ABSENT: Stompe ,r/'
25 ABSTAIN: Read, Vice Mayor Hamilton ,
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28 Mayor
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30 ATTEST: ,:r --APPRO AST RM:
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32 FJ ` ~
34 'ty Clerk City Attorne
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36 ord 5/22/97 (fmk)
Ord. 2047 NCS Page 3 of 3