CITY OF CARMEL-BY-THE-SEA

AGENDA BILL

AB 1153
July 12, 2016
Public Hearing

TO:

Honorable Mayor and Members of the City Council

Chip Rerig , City Administrator

FROM:

Donald G. Freeman, City Attorney

SUBJECT:

Consideration of the adoption of an ordinance amending Sub-Section A of Section

1.16.01 dealing with citing violations of the City's Municipal Code.

AMOUNT OF EXPENDITURE

$ N/A

AMOUNT BUDGETED

$ N/A

APPROPRIATION REQUIRED

$ N/A

RECOMMENDATION
Waive reading in full and introduce on first reading an ordinance amending Section 1. 16.01 , Violations
and Penalties, of the Carmel by the Sea Municipal Code by adding Sub-Section 1.16.01A

SUMMARY
The City's Municipal Code currently stipulates in Section 1.16.01 C that violations of chapters of the
Municipal Code pertaining to fire protection, trees and shrubs, buildings and certain zoning codes are
considered misdemeanors. A misdemeanor is punishable by a fine not exceeding $1,000 and/or
imprisonment for a term not exceeding six months. For comparison, a misdemeanor is considered
more serious of an offense than an infraction. An infraction carries a fine not to exceed $100 for each
violation; a fine not to exceed $200 for a second infraction occurring within one year of a prior infraction
which resulted in a conviction and a fine not to exceed $500 for each violation for a third and any
subsequent infraction occurring within one year of two or more infractions which resulted in convictions,
a fine not exceeding $500.00 for each violation.
The purpose of the attached Ordinance is to amend Section 1.16.01 of the City's Municipal Code by
incorporating a new sub-section A of Section 1.16.01 for the purpose of providing an option of citing
violations of the City's Municipal Code as either infractions or misdemeanors in all cases. The intent of
this amendment is to provide City staff with more flexibility and options in resolving code violations.

PRIOR CITY COUNCIL ACTION

Section 1.16.01 , sub-section A was passed citing violations of the Municipal Code as an infraction
unless otherwise stated in the Municipal Code as being a misdemeanor.

Page 1

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ATTACHMENTS

1. Ordinance No. _ __

APPROVED:

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Date:

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Chip Rerig, City Administrator

Page 2

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CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
ORDINANCE NO.
AMENDING SUB-SECTION A. OF SECTION 1.16.01
OF THE CARMEL-BY-THE-SEA MUNICIPAL CODE
FINDINGS AND PURPOSES

WHEREAS, the purpose of this Ordinance is to amend sub-section A. of Section 1.16.01 of

the Carmel-by-the-Sea Municipal Code for the purpose of providing an option of citing violations of
the City=s Municipal Code as either infractions or misdemeanors.
NOW, THEREFORE , THE PEOPLE OF THE CITY OF CARMEL-BY-THE-SEA DO ORDAIN
AS FOLLOWS:
SECTION 1.
A.

AMENDMENT OF SECTION 1.16.010 A.

Sub-section A. of Section 1.16.010 entitled AViolation-Penalties shall become a permanent

part of the Carmel-by-the-Sea Municipal Code and shall read as follows:
The violation of any provision or section of this Code, or any Code adopted herein by
reference, or the failing to comply with any mandatory requ ireme nt of an Ordinance of the
City, shall be an infraction or misdemeanor.
SECTION 2.

SEVERABILITY.

A.
If any provision of this Ordinance or the application thereof to any person or
circumstance is held invalid, the remainder of the Ordinance, including the application of such part
or provision to other persons or circumstances, shall not be affected thereby and shall continue in
full force and effect. To this end, provisions of this Ordinance are severable.
B.
The City Council hereby declares that it would have passed each section , subsection,
subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or
more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be held
unconstitutional, invalid or unenforceable.
SECTION 3.

EFFECTIVE DATE.

This Ordinance shall become effective thirty (30) days after its final passage and adoption.
PASSED AND ADOPTED by the City Council of the City of Carmel-by-the-Sea this 12th day of July
2016, by the following roll call vote:
AYES:

COUNCIL MEMBERS:

NOES:

COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

121

APPROVED :

Steve G. Dallas, Mayor

ATTEST :

Ashlee Wright,
City Clerk

122