HomeMy WebLinkAbout16-City Attorney
c.R ~OF SAN BERNARDIIG - RI!QUEsQ FOR COUNCIL ACTI<
From:
James F. Perunan
City Attorney
\ ('\'=.-:
R'E.CSllbJ.:e~"~":~'h;~~~'ltF Arne~drnent, misdemeanors
" I'" c,1 lfua: rl'l'fract~ons
\~"'...J ~'..., io_'
Dept:
Dam: June 23, 1989
Synopsis of Previous Council action:
None
Recommended motion:
Adopt resolutions.
. ,
(i I
.;w_7
(/J
.--"
'J
/
/~~~t-
Signature
Supporting data attached:
yes
Phone: 384-5355
Ward: all
Contact person:
Dennis A. Barlow
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.)
(Acct. DescriPtion)
Finance:
Council Notes:
75-0262
Agenda Item NO.~
c.t:t. OF SAN BERNARDIQ>> - REQUEO FOR COUNCIL ACT~
STAFF REPORT
BACKGROUND
Currently Section 40(r) of the Charter provioes that
violations of City orOinances are misoemeanors ano imposes a
maximum penalty of five hunoreo Oollars ($500.00). In 1974 State
law authorizeo such violations to be either misoemeanors or
infractions as oetermineo by the City. In 1983 State law
authorizeo an increase in the maximum penalty from five hunoreo
Oollars ($500.00) to one thousano oollars ($1,000.00). The City
cannot implement such changes without a Charter amenOment.
PROPOSAL
This measure woulO amenO Section 40(r) of the Charter of
the City of San Bernaroino to allow the Mayor ano Common Council
to specify that violation of City oroinances woulO be either
misoemeanors or infractions anO woulO oelete the maximum penalty
specifieo in the Charter. The City woulO then be governeo by
State law with regaro to the maximum penalty which is now set at
one thousanO Oollars ($1,000.00) but which may be changeo from
time to time.
If this measure is not approveo, the violation of City
oroinances will be restrict eo to misOemeanors ano the maximum
penalty will be limiteo to five hunOreo Oollars ($500.00).
75-0264
J L
o.
o
o
o
1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN
AMENDMENT OF THE CHARTER OF SAID CITY PROVIDING THAT VIOLATIONS
3 OF CITY ORDINANCES SHALL BE EITHER MISDEMEANORS OR INFRACTIONS
AND ELIMINATION OF THE MAXIMUM PENALTY THEREFOR.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5 OF SAN BERNARDINO AS FOLLOWS:
6
7
SECTION 1. Recitals.
(a)
In accordance with the Constitution of the State of
8 California, the City of San Bernardino, a municipal corporation,
9 has adopted a Charter.
10
(b)
The Mayor and Common Council of the City of San
11 Bernardino desire to submit to the electors the Charter Amendment
12 set forth in this resolution.
13
SECTION 2.
Submittal to Electors. The following proposed
14 amendment to the Charter of the City of San Bernardino is
15 submitted to the qualified electors of the City of San Bernardino
16 for their approval or rejection at the consolidated municipal
17 election to be held on Tuesday, November 7, 1989.
18 PROPOSED CHARTER AMENDMENT NO.
19 It is proposed that Article III, Section 40 (r) of the
20 Charter of the City of San Bernardino be amended to read as
21 follows:
22
"(r) Fines and Penalties. Council shall have power
23
24
to impose fines, penalties and forfeitures for any
and all violations or ordinances, and for any breach
25
or violation of ordinances; to fix the penalty by a
26
27
fine or imprisonment, or both. The violation of any
lawful ordinance made by the Mayor and Common Council
28
DAB:br
June 23, 1989
1
.
o.
1
2
f
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1-
o
o
o
shall constitute either a misdemeanor or an
infraction, as determined by the Common Council by
ordinance, and shall be prosecuted in the name of the
People of the state of California."
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on the
day of
, 1989, by the following vote,
to wit:
AYES:
NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
day of
, 1989.
W.R. Holcomb, Mayor
City of San Bernardino
.Approved as to form
and Legal Content:
JAMES F. PENMAN
City Attorney
L ()
BY: J-#~,
(/
DAB:br
June 23, 1989
2