HomeMy WebLinkAboutOrd. No. 2017-1375 Violations Chapter 1.16ORDINANCE NO. 2017 —1375
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, AMENDING AND RESTATING CHAPTER 1.16, SECTIONS 10 AND 40
OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING VIOLATIONS
Whereas, the City of Lake Elsinore (City) maintains the regulations and violations of enforcement
of Lake Elsinore Municipal Code (LEMC).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN
AS FOLLOWS:
Section 1: LEMC Chapter 1.16 Violations, Sections 10 Penalty and 40 Civil Penalty are hereby
amended and restated in their entirety to read as follows:
1.16.010 Misdemeanor /Infraction Penalty.
A. Any violation of any provision of this code and adopted codes constitutes a misdemeanor
unless specifically designated as an infraction by this code or prosecuted as an infraction in the
discretion of the City Attorney or City Prosecutor in the interest of justice. Such misdemeanor shall
be punishable by a fine not exceeding $1,000.00 or imprisonment for a term not exceeding six
months, or by both such fine and imprisonment. Any person convicted of an infraction under the
provisions of this code shall be punishable by a fine not exceeding $100.00 for a first violation, a
fine not exceeding $200.00 for a second violation of the same provision within one year, and a
fine not exceeding $500.00 for each additional violation of the same provision within one year.
Subject to the foregoing, the amount of any fine to be assessed may be established by resolution
of the City Council (Council).
B. Each and every day during any portion of which any violation of any provisions of this code or
adopted codes is committed, continued, maintained or permitted shall constitute a separate and
distinct violation and public nuisance, and shall be subject to abatement, and punishable
accordingly.
1.16.040 Civil Penalty.
In addition to any other penalty and enforcement authority provided in this code, every violation
of a provision of this code or adopted codes shall be subject to a civil penalty not to exceed
$1,000.00 subject to the foregoing, the amount of the civil penalty to be assessed may be
established by resolution of the Council. A penalty may be imposed for each violation of this code
and each day a violation exists. Such penalty may be imposed against any person or entity
causing, permitting, or maintaining any violation of this code, adopted codes or State law the City
is authorized to enforce.
Section 2: Severability. If any provision of this Ordinance or its application is held invalid
by a court of competent jurisdiction, such invalidity shall not affect other provisions, sections, or
applications of the Ordinance which can be given effect without the invalid provision or
application, and to this end each phrase, section, sentence, or word is declared to be severable.
Section 3: Effective Date. This Ordinance shall become effective at 12:01 a.m. on the 31St day
after the date of adoption.
Ord. No. 2017 — 1375
Page 2 of 2
Section 4: Certification. The City Clerk shall certify to the passage of this Ordinance and shall
cause a synopsis of the same to be published according to law.
Passed and Adopted on this 23rd day of May, 2017.
Mayor
Attest:
Diana Giron, CMC
Deputy City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
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I, Diana Giron, CMC, Deputy City Clerk of the City of Lake Elsinore, do hereby certify that the
foregoing Ordinance No. 2017 -1375 was introduced at the Regular meeting of May 9, 2017,
and adopted by the City Council of the City of Lake Elsinore at its Regular meeting of May 23,
2017, by the following vote:
AYES:
Council Members Hickman and Tisdale; Mayor Magee
NOES:
None
ABSENT:
Council Member Manos and Mayor Pro Tem Johnson
ABSTAIN:
None
I further certify that said Synopsis was published as required by law in a newspaper of general
circulation in the City of Lake Elsinore, California on the 1St day of June, 2017.
Diana Giron, CMC
Deputy City Clerk