HomeMy WebLinkAboutResolution No. 13-7409 RESOLUTION NO. 13 -7409
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ESTABLISHING A UNIFORM BAIL AND FINE SCHEDULE FOR VIOLATIONS
OF THE DOWNEY MUNICIPAL CODE AND OTHER CODES ADOPTED
THEREIN
WHEREAS, California Government Code Section 36901 provides that the legislative
body of a city may impose fines, penalties, and forfeitures for violations of ordinances; and
WHEREAS, California Government Code Section 36901 further p rovides that the
legislative body of a city may fix penalties for violations of ordinances by fine or imprisonment or
both with the limitation that the fine shall not exceed one thousand dollars ($1,000) and the
imprisonment shall not exceed six (6) months; and,
WHEREAS, California Government Code Section 36900(a) provides that any violation of
a city ordinance constitutes a misdemeanor offense unless it is made an infraction by ordinance;
and,
WHEREAS, California Government Code Section 36900(b) provides that:
"Every violation determined to be an infraction is punishable by (1) a fine not
exceeding one hundred dollars ($100) for a first violation; (2) a fine not exceeding
two hundred dollars ($200) for a second violation of the same ordinance within
one year; (3) a fine not exceeding five hundred dollars ($500) for each additional
violation of the same ordinance within one year."
WHEREAS, California Government Code Section 36900(c) provides that:
"Notwithstanding any other provision of law, a violation of local building and
safety codes determined to be an infraction is punishable by (1) a fine not
exceeding one hundred dollars ($100) for a first violation; (2) a fine not exceeding
five hundred dollars ($500) for a second violation of the same ordinance within
one year; (3) a fine not exceeding one thousand dollars ($1,000) for each
additional violation of the same ordinance within one year of the first violation."
WHEREAS, Downey Municipal Code Section 1200(b) provides that any violation of any
provision, restriction, or requirement of the Downey Municipal Code or any Code adopted by
reference therein, any ordinance, any rule or regulation promulgated pursuant to the Downey
Municipal Code, or any condition of any permit, license, or other entitlement issued pursuant to
the Downey Municipal Code constitutes a misdemeanor offense, unless:
" (1) Such requirement is classified as an infraction by the California Vehicle Code, this
Code, or any ordinance of the City;
(2) The prosecuting attorney files a complaint charging the offense as an infraction;
(3) The prosecuting attorney reduces the offense to an infraction, and the defendant
does not object to having the case proceed as an infraction; or,
(4) An enforcement officer issues an administrative citation pursuant to Article 1,
Chapter 4 of [the Downey Municipal] Code."
RESOLUTION NO. 13 -7409
PAGE 2
WHEREAS, Downey Municipal Code Section 1200(c) provides that:
"Every offense that is prosecuted as a misdemeanor, the penalty for which is not
otherwise prescribed by ordinance or in this Code, shall be punishable by a fine
of not more than one thousand dollars ($1,000.00) or by imprisonment in the City
or County jail for not more than six (6) months, or by both such fine and
imprisonment."
WHEREAS, the Superior Court of California in the County of Los Angeles ( "Los Angeles
Superior Court ") utilizes bail schedules approved by local jurisdictions for violations of local
ordinances (as approved by the Los Angeles Superior Court) in order to determine the
appropriate bail and /or fines for infraction violations, as well as to determine the appropriate bail
and /or fines for misdemeanor violations;
WHEREAS, the current bail schedule utilized by the Los Angeles Superior Court for
violations of the Downey Municipal Code does not provide a bail and /or fine amount for
violations of a vast majority of the Downey Municipal Code — especially those adopted after the
most recently approved amendments to the current bail schedule;
WHEREAS, persons charged with a criminal offense are entitled, with limited
exceptions, to be granted a reasonable bail before conviction of a crime;
WHEREAS, the City Council of the City of Downey desires to set bail for offenses of the
Downey Municipal Code that ensures that a criminal defendant makes all necessary court
appearances and that otherwise protects the health, welfare, and safety of the community;
WHEREAS, the City Council of the City of Downey desires to set fines for offenses of
the Downey Municipal Code that (1) punishes a defendant for the unlawful act for which a
defendant has been committed; (2) deters future criminal conduct; and (3) assists in the
rehabilitation of the defendant;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1: Any prior uniform bail schedule adopted by the City of Downey is hereby
repealed (upon approval of the new bail and fine schedule by the Los Angeles Superior Court).
SECTION 2: A new "Uniform Bail and Fine. Schedule ", as set forth in Exhibit "A ",
attached hereto, is hereby adopted.
SECTION 3: The City Council hereby requests that the Judges of the Superior Court for
the Southeast Judicial District of the County of Los Angeles approve the attached "Uniform Bail
and Fine Schedule for Violations of the Downey Municipal Code"
SECTION 4: The City Clerk shall certify to the adoption of this resolution.
RESOLUTION NO. 13 -7409
PAGE 3
.....,
APPROVED AND ADOPTED this 23 day of April, 2013
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MARIO A. GUER , Mayor
ATTEST:
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ADRIA M. JIMENEZ, CMC
City Clerk
HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of
the City of Downey at a regular meeting thereof held on the 23 day of April 2013, by the
following vote, to wit:
AYES: Council Members: Brossmer, Marquez, Saab, Vasquez, Mayor Guerra
NOES: Council Members: None
ABSTAIN: Council Members: None
-- ABSENT: Council Members: None
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ADRIA M. JIMENE CMC
City Clerk
RESOLUTION NO. 13 -7409
PAGE 4
EXHIBIT A
UNIFORM BAIL AND FINE SCHEDULE
FOR VIOLATIONS OF THE DOWNEY MUNICIPAL CODE
(AND OTHER CODES ADOPTED THEREIN)
MISDEMEANORS
Unlisted Misdemeanors
Bail — The uniform bail for misdemeanor violations of the Downey Municipal Code (and other
Codes adopted therein) for which no provision is made in this schedule shall be: $5,000.
Fine — The uniform fine for misdemeanor violations of the Downey Municipal Code (and other
Codes adopted therein) for which no provision is made in this schedule shall be: Fine of not
less than $100 and not more than $1,000 (plus any applicable State - mandated penalties,
assessments, or other costs and fees), up to six (6) months in fail, and /or both.
Listed Misdemeanors
Bail and Fine — The bail and fine for the specified misdemeanor violations of the Downey
Municipal Code (and other Codes adopted therein) shall be as set forth hereinbelow:
Code Section Description of Bail Fine (plus all Jail
Violation applicable
State- mandated
penalties,
assessments,
and other
costs /fees)
[Intentionally Left Blank at this time]
INFRACTIONS
Unlisted Infractions
Bail — The uniform bail for infraction violations of the Downey Municipal Code (and other Codes
adopted therein) for which no provision is made in this schedule shall be:
• $100 for the 1st offense
• $200 for the 2nd offense of the same provision within a 12 -month period of time
• $500 for the 3rd or greater offense of the same provision within a 12 -month period of
time
Fine — The uniform fine for infraction violations of the Downey Municipal Code (and other Codes
adopted therein) for which no provision is made in this schedule shall be as follows (plus any
applicable State - mandated penalties, assessments, and other costs and fees):
RESOLUTION NO. 13 -7409
PAGE 5
• $100 for the 1st offense
• $200 for the 2nd offense of the same provision within a 12 -month period of time
• $500 for the 3rd or greater offense of the same provision within a 12 -month period of
time
Listed Infractions
Bail and Fine — The bail and fine for the specified infraction violations of the Downey ey Municipal
Code (and other Codes adopted therein) shall be as set forth hereinbelow:
Code Section Description of First Offense Second Offense Third Offense
Violation 12- (in month (in 12 -month
period) period)
Article 8 ( "Building Regulations")
Chapter 1 ( "Downey Building Code")
Any violation of Various $100 $500 $1000
California or
Downey Building
Code
Article 8 ( "Building Regulations")
Chapter 2 ( "Downey Electrical Code")
Any violation of Various $100 $500 $1000
California or
Downey Electrical
Code
Article 8 ( "Building Regulations")
Chapter 3 ( "Downey Mechanic al Code")
Any violation of Various $100 $500 $1000
California or
Downey
Mechanical
Code
RESOLUTION NO. 13 -7409
PAGE 6
Article 8 ( "Building Regulations")
Chapter 4 ( "Downey Plumbing Code")
Any violation of Various $100 $500 $1000
California or
Downey
Plumbing Code
Article 8 ( "Building Regulations")
Chapter 5 ( "Downey Housing Code")
Any violation of Various $100 $500 $1000
California or
Downey Housing
Code
Article 8 ( "Building Regulations")
Chapter 6 ( "Abandoned & Vacant Property Registration and Maintenance") ._..,
Violation of Any Various $100 $500 $1000
Provision of (DMC Sections
Chapter 6 8615 through
8650)
Article 8 ( "Building Regulations")
Chapter 13 ( "Downey Residential Code")
Any violation of Various $100 $500 $1000
California or
Downey
Residential Code