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HomeMy Public PortalAboutOrd. 1718 ORDINANCE NO. 1718 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA ADJUSTING CERTAIN ADMINISTRATIVE FINES FOR VIOLATION OF LYNWOOD MUNICIPAL CODE SECTIONS 3-9.10, 3-22.6, 12-2.19, and 20-3(d)(1) & (2) THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. 1.1 The City of Lynwood is a general law city under California law with a recognized mandate to preserve, protect, and enhance the general health and welfare of its residents. 1.2 The Government Finance Officers Association (GFOA) states: "A government should adopt policies that identify the manner in which fees and charges are set and the extent to which they cover the cost of the service provided". 1.3 The Municipal Code of the City of Lynwood contains certain administrative fines, which are established by the City Council. 1.4 Current administrative fines are insufficient to cover all business costs associated with providing certain services. 1.5 Pursuant to Government Code§66016, the specific fees to be charged for services must be adopted by the City Council by resolution or ordinance, after providing notice and holding a public hearing. Section 2. The Lynwood City Council imposes the following fines in the Lynwood Municipal Code: Chapter 3-9.10 — Gaming Violation Any person who violates any of the provisions of this Section shall be guilty of an infraction and shall be subject to the following penalties: Fine Amount for First Violation $1,000 + $5,000 each additional machine over 1 Fine Amount for Second Violation within 12 months of first offense $5,000 + $5,000 each additional machine over 1 Fine Amount for Subsequent Violation within 12 months of first offense $10,000 + $5,000 each additional machine over 1 Chapter 3-22 — Smoking in all City-Owned Buildings or Facilities or Parks 3-22.6 Violations Fine Amount $1,000 for First Offense; Fine Amount $2,000 for Second Offense within 12 months of the first violation; and Fine Amount $5,000 for Third Offense within 12 months of the first violation. 12-2 Fireworks 12-2.19 Violations - Penalties. a. The fine for possession of dangerous fireworks in the city is five thousand dollars ($5,000). b. The fine for discharging dangerous fireworks and/or screaming fireworks in the city is five thousand dollars ($5,000). c. The fine for discharging SAS fireworks in the city in any manner other than in compliance with the instructions of the manufacturer is five thousand dollars ($5,000). d. The fine for sale of dangerous fireworks in the city is five thousand dollars ($5,000). Chapter 20-3 — Issuance of Administrative Citation, Fines d. Fines shall be assessed in the amounts set forth in this chapter, or as alternatively specified by resolution of the city council. In no event. however, may the base fine imposed exceed the following limits: 1. Where the violation would otherwise be an infraction, the administrative fine or penalty shall not exceed: (a) Two hundred dollars ($200.00) for the first violation. (b) Five hundred dollars ($500.00)for a second violation of the same ordinance or permit within a twelve (12) month period from the date of the first violation; or one thousand dollars ($1,000) for a second violation of the same building and safety ordinance or permit within a twelve (12) month period from the date of the first building and safety violation. (c) One thousand dollars ($1,000) for the third and subsequent violations of the same ordinance or permit within a twelve (12) month period from the date of the first violation. 2. Where the violation would otherwise be a misdemeanor, the administrative fine or penalty shall not exceed one thousand dollars ($1,000). Section 3. Environmental Documentation. Increasing administrative fines in the Lynwood Municipal Code (LMC) is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15061(b)(3) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no significant effect on the environment. Section 4. Effective Date: This Ordinance shall take effect thirty (30) days after its adoption. Section 5. Adoption. The City Clerk shall certify to the adoption of this Ordinance and shall publish a summary of this Ordinance and post a certified copy of the full Ordinance in the office of the City Clerk at least five days prior to the adoption and within 15 days after adoption of the Ordinance, the city Clerk shall publish as summary of the Ordinance with the names of the Councilmembers voting for and against this Ordinance. This Ordinance shall take effect thirty (30) days after the date of its adoption. Section 6. The City Clerk shall certify to the adoption of this Ordinance. PASSED, APPROVED AND ADOPTED THIS 19th day of February 2019. ( I/ Jos ' Solache, Mayor ATTEST: 4, Maria Quinonez, City Clerk APPROVED AS TO FORM APPROVED AT TO CONTENT Noel Tapia, City Attor ey Jose t •etet y Manager STATE OF CALIFORNIA ) . ) § COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing Ordinance was duly adopted by the City Council,of the City of Lynwood at a regular meeting held in the City Hall of said City on the 19th day of February, 2019, and passed by the following vote: AYES: COUNCIL MEMBERS ALATORRE, CASANOVA, SANTANA, MAYOR PRO TEM CASTRO, AND MAYOR SOLACHE NOES: NONE ABSENT:- NONE ABSTAIN: NONE 1. /�J- - Al)I A AA Maria Quinonez, Ci Clerk