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Home My WebLink AboutORD 028 1984 0919ORDINANCE NO. 28 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE MOORPARK MUNICIPAL CODE BY REVISING SECTIONS 1.01.200, 1.01.210, 1.01.220 AND 1.01.230 AND BY ADDING SECTIONS 1.01.205 AND 1.01.240 RELATIVE TO THE VIOLATION OF THE MUNICIPAL CODE AND CITY ORDINANCES AND THE PENALTIES THEREFOR. THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. The Moorpark Municipal Code is hereby amended by revising Sections 1.01.200, 1.01.210, 1.01.220 and 1.01.230 and by adding Sections 1.01.205 and 1.01.240 as follows: 1.01.200 Violations: Misdemeanors or Infractions. It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this Code or the provisions of any code adopted by the city by reference or any provision of any ordinance of the city not included within this Code. Any person violating any of such provisions or failing to comply with any of the mandatory requirements of this Code or any code adopted by the city by reference or any other city ordinance shall be guilty of a misdemeanor, unless such violation is specifically designated as constituting an infraction or a misdemeanor /infraction. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Code, or any provision of any code adopted by the city by reference, or of any other city ordinance is committed, continued, or permitted by such person, and may be punished accordingly. 1.01.205 Aiding and Abetting. Whenever in this Code or the provisions of any code adopted by the city by reference or any provision of any ordinance of the city not included within this Code any act or omission is made unlaw- ful, it shall include causing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission. 1.01.210 Prosecution of Misdemeanor /Infraction. Every violation of this Code or the provisions of any code adopted by the city by reference or any provision of any ordinance of the city not included within this Code designated a misdemeanor /infraction shall be a misdemeanor; provided that, where the City Attorney has determined that such action would be in the best interests of justice, the City Attorney may specify in the accusatory pleading that the violation shall be an infraction and the violation shall then be prosecuted as an infraction. 1.01.220 Penalties. a Any person convicted of a misdemeanor, the penalty for which is not otherwise prescribed, shall be punished by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for not more than six (6) months or by both such fine and imprisonment. (b) Any person convicted of an infraction, the penalty for which is not otherwise prescribed, shall be punished by (i) a fine not exceeding one hundred dollars ($100.00) for the first violation; (ii) a fine not exceeding two hundred dollars ($200.00) for a second violation of the same provision within one year; (iii) a fine not exceeding five hundred dollars ($500.00) for each additional violation of the same provision within one year. 1.01.230 Imprisonment Pending Payment of a Fine for a Misdemeanor. A judgment that a person convicted of a misdemeanor be punished by payment of a fine, with or without other punishment, may also direct that he be imprisoned in the county jail until the fine is satisfied and may further direct that such imprisonment begin at and continue after the expiration of, or run concurrently with all or part of, any imprisonment imposed as a part of the punishment. Every such judgment shall specify the extent of the imprisonment for nonpayment of the fine, which shall not be more than one (1) day for each twenty dollars ($20) of the fine nor exceed in any case the term for which the defendant might be sentenced to imprisonment for the offense of which he has been convicted. A defendant held in custody for nonpayment of a fine shall be entitled to credit on the fine for each day he is so held in custody at the rate specified in the judgment. When the defendant has been convicted of a misdemeanor, a judgment that defendant pay a fine may also direct that he pay the fine within a limited time or in installments on specified dates and that in default of payment as therein stipulated he be imprisoned in the discretion of the court either until the defaulted installment is satisfied or until the fine is satisfied in full; but unless such direction is given in the judgment, the fine shall be payable forthwith. Except as otherwise provided in case of fines imposed as con- ditions of probation, the defendant must pay the fine to the clerk of the court, or to the judge thereof if there is no clerk, unless the defendant is taken into custody for nonpay- ment of the fine, in which event payments made while he is in custody shall be made to the officer who holds him in custody and all amounts so paid shall be forthwith paid over by such officer to the court which rendered the judgment. The clerk shall report to the court every default in payment of a fine or any part thereof, or if there is no clerk the court shall take notice of such default. If time had been given for payment of a fine or it has been made payable in installments, the court shall, upon default in payment, immediately order the arrest of the defendant and order him to show cause why -2- he should not be imprisoned until the fine or installment thereof, as the case may be, is satisfied in full. If the fine, or installment, is payable forthwith and it is not so paid, the court shall, without further proceedings, immediately commit the defendant to the custody of the proper officer to be held in custody until the fine is satisfied in full. 1.01.240 Failure to Pay Fine. Any person will- fully failing to pay a lawfully imposed fine for a violation of any provision of this Code, regardless of whether such violation is a misdemeanor or an infraction, within the time authorized by the court and without lawful excuse having been presented to the court on or before the date the fine is due, is guilty of a misdemeanor regardless of the full payment of the fine after such time. SECTION 2. The City Clerk shall, within 15 days after the passage of this Ordinance, cause it to be posted in at least the three (3) public places designated by resolution of the City Council; shall certify to the adoption and posting of this Ordinance; and shall cause this Ordinance and its certification together with proof of posting, to be entered in the book of ordinances of this'City. APPROVED AND ADOPTED THIS 19th DAY OF September 1984. W OF A ' WIN' Iffil, Mayor a Calif o(r'nia ATTEST: City Clerk ---�� (SEAL) ' t \ _ \.. STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, DORIS D. BANKUS , City Clerk of the City of Moorpark, California, do hereby certify that the foregoing Ordinance No. 28 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 5th day of September , 1984. That, thereafter, said ordinance was duly adopted and passed at a regular meeting of the City Council on the 19th day of September , 1984, by the following vote, to wit: AYES: Councilmembers Straughan, Beaulieu, Harper, Prieto and Mayor Yancy- Sutton; NOES: None; ABSENT: None. WITNESS my hand and the official seal of said City this 19 day of September , 1984. CITY CLERK (SEAL)