O 457 C.S.
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ORDINANCE NO. 457 c.s.
AN ORDINANCE OF THE CITY OF ARROYO GRANDE
AMENDING CHAYI'ER 2 OF TITLE 1 OF THE
ARROYO GRANDE MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES ORDAIN AS
FOLLOWS:
SECTION 1: Chapter 2 of the Title 1 of the Arroyo Grande Municipal Code is hereby
repealed and the following substituted in its place:
CHAYI'ER 2
PENALTY PROVISIONS
Sections:
1-2.01 Violations - Misdemeanors and Infractions.
1-2.02 Violations - Aiding, Abetting, and Concealing.
1-2.03 Public Nuisance - Enforcement by Civil Action.
1-2.04 Imposition of Penalty.
1-2.05 Determination of Punishment.
1-2.06 Place of Confinement.
1-2.07 Fees, Charges, and Taxes Made a Civil Debt.
Sec. 1-2.01 Violations - Misdemeanors and Infractions.
(a) It is unlawful for any person to violate any provision or fail to
comply with any of the requirements of this code. A violation of any of the
provisions or a failure to comply with any of the requirements shall constitute a
misdemeanor except for those specifically declared by this code to be an
infraction. Notwithstanding any other provision of this code, any misdemeanor
violation or failure to comply may, in the discretion of the city attorney, be
initially charged or subsequently prosecuted as an infraction. Each and every
infraction violation is punishable by a fine not exceeding one hundred dollars for
a first violation; a fine not exceeding two hundred dollars for a second violation
of the same ordinance within one year; and a fine not exceeding five hundred
dollars for a third violation of the same ordinance within one year. Each and
every misdemeanor violation is punishable by a fine not exceeding one thousand
dollars, or by imprisonment in the City or County jail for a period not exceeding
six months, or by both such fine and imprisonment.
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ORDINANCE NO. 457 C.S.
(b) Each 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 is
committed, continued, or permitted by such person and shall be punishable
accordingl y.
Sec. 1-2.02 Violations - Aiding. Abetting. and Concealing.
Every person who causes, aids, abets, or conceals the fact of a violation
of this code is guilty of violating this code.
Sec. 1-2.03 Public Nuisance - Enforcement by Civil Action.
In addition to the penalties provided in this chapter, any condition caused 1
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or permitted to exist in violation of any of the provisions of this code shall be i
deemed a public nuisance and may be, by this city, summarily abated as such, and I
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every day such condition continues shall be regarded as a new and separate
offense.
Sec. 1-2.04 Imposition of Penalty.
The provisions of this code which declare certain crimes to be punishable
as therein mentioned devolve a duty upon the court authorized to pass sentence
to determine and impose the punishment described.
Sec. 1-2.05 Determination of Punishment.
Whenever in this code the punishment of a crime is left undetermined,
between certain limits, the punishment to be inflicted in a particular case shall be
determined by the court authorized to pass sentence, within such limits as may be
described by this code.
Sec. 1-2.06 Place of Confinement.
Every person found guilty of violating any of the provisions of this code
and sentenced to imprisonment shall be imprisoned in the City Jail or County Jail.
Sec. 1-2.07 Fees. Charges. and Taxes Made a Civil Debt.
The amount of any fee, service charge, utility charge, license, fine, or tax
of any nature whatsoever imposed by any provision of this code shall be deemed
a civil debt owing to the City. An action may be commenced in the name of the
City in any court of competent jurisdiction for the collection of the amount of any
such delinquent or unpaid fee, service charge, utility charge, license, fine, or tax,
together with any penalties applicable thereto as prescribed by this code. The
remedy prescribed by this section shall be cumulative, and the use of any action
to collect such an amount as a debt by civil action shall not bar the use of any
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other remedy provided by this code or by law for the purpose
of enforcing the provisions thereof.
SECTION 2: This Ordinance shall become effective and be in
full force and effect thirty (30) days after its passage and within
fifteen (15) days thereof, it shall be published at least once in
a newspaper of general circulation published and circulated in the
city.
On motion of Council Member .' Souza , seconded by
Council Member Brandy , and on the following roll call
vote, to wit:
AYES: Council Members Brandy, Moots, Souza and Mayor Gallagher
I NOES: None
I ABSENT: Council Member Burke
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the foregoing Ordinance was passed and adopted this 12th day of
~ October , 1993.
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ATTEST: a.~
IS, CITY CLERK
APPROVED AS TO FORM:
I, NANCY A. DAVIS, city Clerk of the City of Arroyo Grande,
County of San Luis Obispo, State of california, do hereby certify
under penalty of perjury that the foregoing Ordinance No. 457 C.S.
was passed and adopted at a regular meeting of said Council on the
12th day of October , 1993.
WITNESS my hand and the Seal of the City of Arroyo Grande
affixed this 26th day of October , 1993.
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NANCY A. VIS, CITY CLERK
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