HomeMy WebLinkAboutORD 0932 (1985) 1 ORDINANCE NO. 932
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
2 TUSTIN, CALIFORNIA, AMENDING TUSTIN CITY
CODE SECTION 1121 RELATIVE TO VIOLATIONS,
PENALTIES AND ENFORCEMENT, TUSTIN CITY CODE
SECTION 1132 RELATIVE TO AUTHORITY TO MAKE
ARRESTS, AND TUSTIN CITY CODE SECTION 1133
RELATIVE TO CITATION PROCEDURES
5
The City Council of the City of Tustin, California, does
6
hereby ordain as follows:
Section 1: Chapter 1, Part 2, Section 1121 of the Tustin
8 City Code is amended to read as follows:
"1121 GENERAL PENALTY; CONTINUING VIOLATION
9
No person shall violate any provision, or fail to comply
10 with any of the provisions of this Code, or any Code
11 adopted herein by reference. In order that compliance
with the provisions of this Code may be achieved, the
12 following alternate, separate and distinct methods of
enforcement may be utilized. Each method set forth
13 herein is intended to be mutually exclusive and does not
prevent concurrent or consecutive methods being used to
14 achieve compliance against continuing violations. Each
such person violating such provision or failing to comply
with such requirements shall be guilty of a separate
15
offense, and each day during any portion of which any
16 violation of any provision of this Code, or of any Code
adopted by reference herein, is committed, continued, or
17 permitted by such person, shall constitute a separate
offense, and shall be punishable accordingly. Provided,
18 further,. that each such person violating a provision
which limits the time act may be permitted or continued,
19 each such period or portion thereof which any violation
of such provision is committed, continued or permitted by
20 such person, shall constitute a separate offense, and
shall be punishable accordingly.
Notwithstanding any other provision in this Code, each
22 violation of the provisions of this Code may be enforced
alternatively as follows:
A. Infractions. Any person violating any of the
24 provisions or failing to comply with any of the mandatory
requirements of this Code may be prosecuted for an
25 infraction. Written citations for infractions may be
issued by police officers or designated non-safety
26 employees, who shall be designated by separate resolution
pursuant to the provisions of California Penal Code
27 Section 836.5. Any person convicted of an infraction
under the provisions of this Code shall be fined in
28 accordance with state law.
WOODRUFF
LAW 1
1
B. Misdemeanor. Any person violating any of the
2 provisions or failing to comply with any of the mandatory
requirements of this Code, or any code adopted by
5 reference herein, unless otherwise specified in this
Code, may be prosecuted for a misdemeanor. Written
4 citations for misdemeanors may be issued by police
officers or by designated non-safety employees as
5 designated in Section 1132 of this Code. Any person
convicted of a misdemeanor under the provisions of this
6 Code shall be punished by a fine not exceeding five
hundred dollars ($500.00) or imprisonment for a term not
7 exceeding six (6) months or by both such fine and
impr i sonment.
8
C. Civil Action. The City Attorney, by and at the
9 request of the City Council, may institute an action in
any court of competent jurisdiction to restrain, enjoin
10 or abate the conditions found to be in violation of the
provisions of this Code, as provided by law.
11
D. Administrative Hearing. Upon a finding by the city
12 official vested with the authority to enforce various
provisions of this Code that a violation exists, the city
15 official may notify the owner (s), occupant (s) or
person(s) deemed responsible for said violations that a
14 public hearing shall be held before the City Council,
to hear and determine the existence of said violations
15 and the anticipated complaints necessary, or other action
required. Said notification shall be in writing setting
16 forth the alleged violations and the anticipated actions
sought, and shall be given not later than ten (10) days
17 prior to the scheduled date of the hearing. Said hearing
shall be conducted in accordance with the City Council's
18 rules for the conduct of administrative hearings. The
decision of said hearing shall be enforceable as provided
19 by law.
In addition to the penalties hereinabove provided, any
condition caused or permitted to exist in violation of
any of the provisions of this Code, or of any Code
adopted by reference herein, shall be deemed a public
nuisance and may be summarily abated as such by the City,
and each day such condition continues shall be regarded
as a new and separate nuisance and offense."
Section 2: Chapter 1, Part 3, Section 1132 of the Tustin
City Code is amended to read as follows:
"1132 AUTHORITY TO MAKE ARRESTS
The following designated officers and employees shall
27 have the power to arrest persons for misdemeanor
violations committed in their presence, and for
28 infraction violations when the accused refuses to promise
ROURKE; & WOODRUFF
ATTORNEYS AT LAW 2
SANTA ANA
1 to appear and respond to the charges, as hereinafter
provi de d.
(1) Sworn Police Officers.
(2) Community Service Officers, Police Aides and
4 such other employees of the Police Department, designated
by the Chief of Police, shall have the power to make
5 arrests for any violation of this Code relative to
parking, abandonment and impounding of vehicles and for
6 violations of any of the following sections of the
California Vehicle Code: 4000, 4454,5200, 5201, 5204,
7 22500, 22502, 22505, 22514, 22515, 22516, 22520, 22657,
and 22700.
8
(3) The Fire Chief, Fire Marshal and officers and
9 employees of the Fire Department designted by the Fire
Chief shall have the power to make arrests for violations
10 of provisions of this Code relating to the Uniform
Building Code, the Dangerous Building Code, the Uniform
11 Fire Code and the Health & Safety Code of the State of
California.
12
(4) The Health Officer, Registered Sanitarians,
15 Assistant Sanitarians and other officers and employees of
the Health Department designated by the Health Officer
1~ shall have the power to make arrests for violations of
provisions of the Tustin City Code, enforceable by the
15 Health Officer, and for violations of provisions of the
Health & Safety Code and Penal Code of the State of
16 California, enforceable by the Health Officer.
17 (5) The Building Official, the Community
Development Director, and employees of the Building
18 Department and Planning Department, as designated by
either the Building Official or the Community Development
19 Director, shall have the power to make arrests for
violations of the provisions of this Code relating to
20 Zoning, the Sign Ordinance, Building Code, Mechanical
Code Housing Code, Dangerous Building Code, Plumbing and
21 Electrical Code.
22 (6) For purposes of this section only, Animal
Control Officers of the County of Orange who by contract
25 perform animal control services for the City, shall have
the power to make arrests for violations of provisions of
24 this Code related to animals.
25 Section 3: Chapter 1, Part 3, Section 1133 of the Tustin
City Code is amended to read as follows:
"1133 CITATION PROCEDURES
A. Misdemeanor
&WOODRUFF
LAW 3
1 (1) Written Notice to Appear. If any person is
arrested for the violation of any provision of this Code
2 or any code adopted by reference herein, or of any
ordinance of the City, including those ordinances
5 hereafter enacted, violations for which are punishable as
misdemeanors, and such person is not taken before a
4 magistrate as is more fully set forth in the Penal Code
of the State of California, the arresting officer shall
5 prepare" in duplicate a written Notice to Appear in Court
containing the name and address of such person, the
6 offense charged and the time and place where and when
such person shall appear in Court.
7
(2) Time to Appear. The time specified in the
8 Notice to Appear shall not be less than fifteen (15) days
after the arrest. (Ord. No. 757, Sec. 2)
9
(3) Place to ~Appear. The place specified in the
10 Notice to Appear shall be either:
11 (a) Before a Judge of the Municipal Court in
the Judicial District in which the offense is alleged to
12 have been committed; or
15 (b) Before an officer authorized to receive
a deposit of bail.
14
(4) Delivery of Copy Of Notice. The officer
15 shall deliver one (1) copy of the Notice to Appear to the
arrested person, and the arrested person, in order to
16 secure release, must give his written promise so as to
appear in court by signing the duplicate Notice, which
17 shall be retained by the officer. Thereupon, the
arresting officer shall forthwith release the arrested
18 person from custody.
19 (5) Filing of Notice. The officer shall, as soon
as practicable, file a duplicate Notice with the
20 magistrate specified in such Notice. The defendant may,
prior to the date upon which he promised to appear in
21 court, deposit with the magistrate the amount of bail set
by such magistrate. Thereafter, at the time when the
22 case is called for arraignment before the magistrate, if
the defendant does not appear, either in person or by
25 counsel, the magistrate may declare the bail forfeited
and may, at his discretion, order that no further
~4 proceedings shall be had in such case. Upon the making
of such order that no further proceedings be had, sums
~5 deposited as bail shall forthwith be paid in the County
Treasury for distribution as provided by Section 1463 of
26 the Penal Code of the State.
27 (6) Issuance of Warrant. A warrant shall not
issue on such charge for the arrest of a person who,
28 pursuant to the provisions of this Chapter, has given
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LAW 4
1 such written promise to appear in court unless and until
he has violated such promise, or has failed to deposit
bail, to appear for arraignment, trial or judgment, or to
comply with the terms and provisions of the judgment, as
5 required by law.
4 (7) Failure to Appear. Every person willfully
violating his written promise to appear in court is
5 guilty of a misdemeanor regardless of the disposition of
the charge upon which he was originally arrested.
6
(8) Failur.e to Appear; Arrest. When a person
7 signs a written promise to appear at the time and place
specified in the written promise to appear and has not
8 posted bail as provided in Section 1133e, the magistrate
shall issue and have delivered for execution a warrant
9 for his arrest within twenty (20) days after his failure
to appear as promised. If a person promises to appear
10 before an officer authorized to accept bail other than a
magistrate and fails to do so on or before the date which
11 he promised to appear, then within twenty (20) days after
the delivery of such written promise to appear by the
12 officer to a magistrate having jurisdiction over the
offense, such magistrate shall issue and have delivered
15 for execution a warrant for his arrest. When such person
violates his promise to appear before an officer
14 authorized to receive bail other than a magistrate, the
officer shall immediately deliver to the magistrate
15 having jurisdiction over the offense charged the written
promise to appear and the complaint, if any, filed by the
16 arresting officer. (Ord. No. 664, Sec. 3)
17 B. Infractions. Citations for infractions shall be
processed, issued and handled as provided by state law.
18 An officer or designated non-safety employee making an
arrest under the authority of this Section shall follow
19 the citation release procedures prescribed in Chapter 5C,
Title 3, Part 2 of the Penal Code of the State of
20 California, or such procedures hereafter enacted by the
State of California."
PASSED AND ADOPTED at a regular meeting of the City Council
22 of the City of Tustin, California, held this 3rd day of
25 June, 1985
24 Mayor
25 ATTEST:
26cl
JGR:SA:pj :D: 04/30/85 (12)
ROURKE &WOODRUFF
ATTORNEYS AT LAW 5
SANTA ANA
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §
CITY OF TUSTIN )
MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, does hereby certify that the whole number of the members of
the City Council of the City of Tustin is five; that the above and foregoing
Ordinance No. 932 was duly and regularly introduced and read at a regular meeting
of the City Council held on the 20th day of May, 1985, and was given its second
reading and duly passed and adopted at a regular meeting held on the 3rd day of
June, 1985, by the following vote:
AYES : COUNCILPERSONS: Edgar, Greinke, Hoesterey, Kennedy, Saltarelli
NOES : COUNCILPERSONS: None
ABSENT: COUNCILPERSONS: None
ABSTAINED: COUNCILPERSONS: None
Summaries published: May 30, 1985
June 13, 1985