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HomeMy WebLinkAboutORD 175 1993 0616ORDINANCE 175 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTED ON AN URGENCY BASIS, AMENDING SECTION 1.12.010 OF THE MOORPARK MUNICIPAL CODE ESTABLISHING THE APPLICABILITY OF A CIVIL ADMINISTRATIVE PROCEDURE FOR PARKING AND OTHER VIOLATIONS OF THE CODE. THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 1.12.010 of the Moorpark Municipal Code is hereby amended effective July 1, 1993, to read as follows: 1.12.010 Violation A. It is 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. B. Notwithstanding subsection A, any person violating any provisions or failing to comply with any of the requirements of Chapter 10.04, Article III, or any other City ordinance pertaining to parking restrictions in the City of Moorpark shall be subject in the first instance to the civil administrative procedure, set forth in Article 3 (commencing with Section 40200) of Chapter 1 of Division 17 of the California Vehicle Code. The various penalties and fees shall be in the amounts set forth in a resolution of the City Council. C. Each person shall be guilty of a separate offense for each and every day during any portion of which any violation 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 ordinance, is committed, continued or permitted by such person, and may be punished accordingly. SECTION 2. Pursuant to Government Code Sections 36934 and 36937, the City Council of the City of Moorpark hereby declares this Ordinance to be an Urgency Ordinance requiring immediate enactment thereof. 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 Chapter 10.04, Article III, of the Moorpark Municipal Code, which by State mandate, (AB408), will be changed from being a violation which entitles a person to a criminal trial in the first instance, to a violation subject to the civil administrative procedure, as unilaterally implemented by the County of Ventura, effective July 1, 1993. SECTION 3. If any section, subsection, sentence, clause, phrase or word of this Ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed and adopted this Ordinance and each and all portions thereof, irrespective of the fact that any one or more of said portions may be declared invalid or unconstitutional. SECTION 4. The City Clerk shall certify to the passage and adoption of this Ordinance by not less than a four - fifths vote of the City Council; shall enter the same in the book of original ordinances of the City; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted; and shall, within fifteen (15 ) days after the passage and adoption thereof, cause the same to be published in the Moorpark News Mirror, a weekly newspaper of general circulation, as defined in Section 6008 of the Government Code, for the City of Moorpark, and which is hereby designated for that purpose. PASSED AND ADOPTED this 16th day of June, 1993 (&'J t� 4" Paul W. L rason Jr., ayor ATTEST: MOORPARK 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Lillian E. Hare, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Ordinance No. 175 was adopted by the City Council of the City of Moorpark at a meeting held on the 16th day of JUNE , 1993, and that the same was adopted by the following vote: AYES: COUNCILMEMBERS HUNTER, MONTGOMERY, PEREZ, WOZNIAK AND MAYOR LAWRASON NOES: NONE ABSENT: NONE ABSTAIN: NONE WITNESS my hand and the official seal of said City this 17th day of JUNE 1993. Lillian E. Hare City Clerk PAUL W. LAWRASON JR. SCOTT MONTGOMERY PATRICK HUNTER BERNARDO M. PEREZ JOHN E WOZN)AK Mayor Mayor Pro Tom Councilmember Councilmember Councilmember Pnnrrd on Pocy k c P„pn,