ORD-52-83 VIOLATIONS AND PROVIDING THAT AT THE DISCRETION OF THE CITY ATTORNEY A VIOLATION MAY BE PROSECUTED AS AN INFRACTIONi
ORDINANCE NO. 52-
83 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE AMENDING SECTION 1.08.
010 OF THE ORANGE MUNICIPAL CODE RELATING
TO VIOLATIONS AND PROVIDING THAT AT THE
DIS-CRETION OF THE CITY ATTORNEY A
VIOLATION MAY BE PROSECUTED AS AN
INFRACTION.WHEREAS, Section 1.08.010 of the Orange Municipal Code
provided that viOlations of the Orange Municipal Code, unless otherwise
speci-fied, were to be miSdemeanors;
and WHEREAS, the prosecution of a misdemeanor may be time
consuming and may require a jury trial;
and WHEREAS, the maximum punishment for violation of a
misdemeanor is a fine of not more than $500.00 or by imprisonment for a
period not exceeding six months;
and WHEREAS, the maximum punishment for violation of an
infraction upon a first offense is a fine of not to exceed $250.00;
and WHEREAS, the maximum punishment for violation of an
infraction upon a second conviction or any subsequent conviction within
a period of one year is a fine of not to exceed $500.00;
and WHEREAS, most convictions for violations of the Orange
Municipal Code do not result in imprisonment;
and WHEREAS, the jails are experiencing an era of overcrowding;
and WHEREAS, most first time convictions of violation of the
Orange Municipal Code are punished by fines;
and WHEREAS, the City of San Diego has utilized a system since
1979 which provides the City Attorney with the discretion to charge
and prosecute as an infraction any violation of the San Diego
Municipal Code;
and WHEREAS, the City Council of the City of Orange desires to
pro-vide the City Attorney of the City of Orange with the discretion
to charge and prosecute as an infraction any violation of the
Orange Municipal Code;
and WHEREAS, such discretion would provide the City Attorney
with the option of continuing to prosecute violations of the
Orange Municipal Code as misdemeanors, particularly those of a
more serious nature, and to prosecute as infractions those of a
less serious or overly time consuming nature, particularly in
cases where it does not appear that imprisonment is likely even
when a conviction is
NOW, THEREFORE,
THE
CITY COUNCIL OF THE CITY OF ORANGE DOES ORDAIN AS FOLLOWS:
SECTION I:Section
1.08.
010 of the Orange Municipal Code is hereby amended to read as
follows:1.08.010
Violations - Misdemeanor or Infraction. It shall be unlawful for any person
to violate any provision or to fail to comply with any of the
requirements of this Code. A violation of any of the provisions or failing to
comply with any of the mandatory requirements of this Code shall
constitute a misdemeanor; except that notwithstand-ing any other provision
of this Code, any such violation constituting a misdemeanor under this
Code may, in the discretion of the City Attorney, be prosecuted as
an infraction;' and, with the further exception that any violation
of the provisions relating to parking,and as specifically designated
in specific code titles, chapters or sections, shall constitute
an infraction. Any person convicted of a misdemeanor under
the provisions of this Code, unless provision is otherwise herein made,
shall be punishable by a fine of not more than $500.00 or
by imprisonment in the County jail for a period of not more than six
months or by both fine and imprisonment. Any person convicted of an infraction
under the provisions of this Code, unless provision is otherwise herein
made, shall be punishable by fine only as follows: (1) a
fine not exceeding fifty dollars ($50) for a first violation; (2) a fine
not exceeding one hundred dollars ($100) for a second violation of the
same ordinance within one year; and (3) a fine not exceeding two hundred-
fifty dollars ($250) for each additional violation for the
same ordinance within one year.Each such person
shall be charged with 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,
upon conviction, be punishable accordingly.SECTION II:A
summary of
this Ordinance shall be published and a certified copy of the
full text of this Ordinance shall be posted in the Office of the
City Clerk at least five (5) days prior to the City Council meeting at
which this Ordinance is to be adopted. A summary of this
Ordinance shall also be published once within fifteen (15) days
after this Ordinance's passage in the Orange City News, a
newspaper of general circulation, published and circulated in the
City of Orange. The City Clerk shall post in the Office of
the City Clerk a certified copy of the full text of such adopted Ordinance
along with the names of those City Council ORD. 52-83
2 -
l
members voting for and against the Ordinance in accordance with
Government Code Section 36933. This Ordinance shall take effect
thirty (30) days from and after the date of its final passage.
ADOPTED this 10th day of 1984.
of the City of Orange
ATTEST:
City Cler~f ge~ange
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF ORANGE )
I, MARILYN J. JENSEN, City Clerk of the City of Orange. California.
do hereby certify that the foregoing ordinance was introduced at the
regular meeting of the City Council held on the 20th day of
December . 19 83. and thereafter at a regular meeting of
said City Council duly held on the 10th day of January
19~. was duly passed and adopted by the following vote. to wit:
AYES: COUNCILMEN: SMITH, BARRERA, MAYOR BEAM, PEREZ, BEYER
NOES: COUNCILMEN: NONE
ABSENT: COUNCILMEN: NONE
WITNESS my hand and seal this 11th
1984.
day of Janua ry
Ma~en9;,
City Clerk of the
fPu~/
City of Orange
3 -ORD. 52-83