HomeMy WebLinkAboutORD 185 1993 1215ORDINANCE NO. 185
AN ORDINANCE OF THE CITY OF MOORPARK,
CALIFORNIA, AMENDING CHAPTER 1. 12, ENFORCEMENT
AND PENALTIES, OF TITLE 1 OF THE MOORPARK
MUNICIPAL CODE
WHEREAS, Section 1.12.010 of Chapter 1.12, Violation- -
Misdemeanor, currently contains language which specifies that any
person violating a code provision or requirement shall be guilty of
a misdemeanor, unless such violation is specifically designated as
constituting an infraction or a misdemeanor /infraction; and
WHEREAS, the City Council has determined that Section 1.12.010
should be amended to allow more flexibility in determining
violations to be prosecuted as an infraction, punishable by fine;
and
WHEREAS, the City Council has determined that Section
1.12.030, Prosecution of Misdemeanor or Infraction, should be
deleted and that information on whether a violation should be
prosecuted as either an infraction or a misdemeanor should be
included in Section 1.12.010;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 1.12.010 of Chapter 1.12 of the Moorpark
Municipal Code is hereby amended in its entirety as follows:
"1.12.010 Violations and Prosecution. A. The violation
of any provision of this Code or other ordinance of the
City, including those provisions of this Code designated
as misdemeanor /infractions, shall be a misdemeanor unless
such violation is deemed an infraction because:
1. A judgment imposes a punishment other than
imprisonment and a fine not exceeding the amounts
specified in Section 1.12.040(B) of this Code; or
2. The City Attorney files a complaint in municipal
court charging the violation as an infraction,
unless the defendant objects at the time of
arraignment; or
3. A verified notice to appear is issued charging the
violation as an infraction, unless the defendant
objects at the time of arraignment; or
4. The violation is specifically designated as an
infraction in this Code."
Ordinance No. 185
Page 2
SECTION 2. Section 1.12.030 of Chapter 1.12 of the Moorpark
Municipal Code is hereby deleted in its entirety.
SECTION 3. If any section, subsection, sentence, clause,
phrase, part or portion of this Ordinance is for any reason held to
be invalid or unconstitutional by any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council declares
that it would have adopted this Ordinance and each section,
subsection, sentence, clause, phrase, part or portion thereof,
irrespective of the fact that any one or more section, subsections,
sentences, clauses, phrases, parts or portions be declared invalid
or unconstitutional.
SECTION 4. This Ordinance shall become effective thirty (30)
days after its passage and adoption.
SECTION 5. The city clerk shall certify to the passage and
adoption of this ordinance; shall enter the same in the book of
original ordinances of said 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 once 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 15t1i
1993.
f
Mayor of the Cif
ATTEST;
day of
l`
DECEMBER
of Moorpark,jtalifornia
c
MOORPARK
799 Moorpark Avenue ". ^'> " ;,.irk, California 93021
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
(805) 529 -6864
I, Lillian E. Hare, City Clerk of the City of Moorpark,
California, do hereby certify under penalty of perjury that
the foregoing Ordinance No. 185 - was was adopted by the
City Council of the City of Moorpark at a meeting held on
the 15th day of DECEMBER _ , 1993, and that
the same was adopted by the following vote:
AYES: COUNCILMEMBERS HUNTER, PEREZ, WOZNIAK AND MAYOR LAWRASON
NOES: COUNCILMEMBER MONTGOMERY
ABSENT: NONE
ABSTAIN: NONE
WITNESS my hand and the official. seal of said City
this 16th day of DECEMBER , 1993.
c f
4-zl J
Li i 1 i<ir. F. Hare
City "Ierk
PAUL W. LAWRASON JR SCOTT MONTGOMERY PATRICK riUN7EF1 BERNARDO M PEREZ JO!-N � WOZNrAK
Mayor Mayor Pro Tom Counu :n +, mh " Counolmember .,- ['nulriwmber