HomeMy Public PortalAboutOrdinance 1145ORDINANCE NO. 1145
AN ORDINANCE OF THE CITY OF BEAUMONT AMENDING THE
BEAUMONT MUNICIPAL CODE TO AMEND CHAPTER 1.16
ENTITLED "GENERAL PENALTY" AND MAKING FINDINGS
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
THE CITY COUNCIL OF THE CITY OF BEAUMONT HEREBY ORDAINS AS FOLLOWS:
Section 1. Findings.
(a) In March 2002, a municipal code ordinance was enacted governing the penalties
for failing to comply with any of the mandatory requirements of the ordinances of the City of
Beaumont ("City").
(b) City desires to add section 1.16.030.0 to the Beaumont Municipal Code to add
penalties for the possession or use of illegal fireworks in the City consistent with the City's efforts
to enforce the City's ordinances regarding possession and or use of illegal fireworks in the City.
(c) The City desires to amend the Beaumont Municipal Code to repeal and replace
chapter 1.16, to enforce and ensure compliance with the Beaumont Municipal Code chapter 9.41,
Fireworks.
Section 2. CEQA. The City Council hereby finds and determines that adoption of this
ordinance is not a project within the meaning of section 15378 of the Guidelines for Implementation
of the California Environmental Quality Act ("CEQA Guidelines") because it has no potential for
resulting in physical change in the environment, either directly or ultimately. The City Council also
finds the approval of this ordinance is exempt under Section 15061(b)(3) of the CEQA Guidelines
because it can be seen with certainty that there is no possibility that the adoption of this ordinance
may have a significant effect on the environment
Section 3. Repeal and Replace Chapter 5.64. The City Council hereby repeals
Chapter 1.16 of the Municipal Code, General Penalty, in its entirety, and replaces with a new
Chapter 1.16 of the Municipal Code, General Penalty as set forth in Exhibit "A" attached hereto
and made a part hereof by this reference.
Section 4. Severabilitv. If any sentence, word, phrase, section or provision of this
ordinance is held invalid by a court of competent jurisdiction, such provision shall be considered a
separate, distinct and independent provision and such holding shall not affect the validity and
enforceability of the other provisions of this ordinance.
Section 5. Publication and Certification. The City Clerk shall cause this ordinance to
be published at least once in a newspaper of general circulation published and circulated in the City
within fifteen (15) days after its passage in accordance with Section 36933 of the Government
Code, shall certify to the adoption of this ordinance, and shall cause this ordinance and certification,
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together with proof of publication, to be entered in the book of ordinances of the Council of this
City.
Section 6. Effective Date. This ordinance shall take effect thirty-one days after its
adoption.
NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Beaumont,
California, approves an amendment to the City Code.
INTRODUCED AND READ for the first time and ordered posted at a regular meeting of
the City Council of the City of Beaumont, California, held on the l5th day of February 2022, by
the following roll call vote:
AYES: Lara, Santos, Fenn, Martinez, White
NOES:
ABSENT:
ABSTAIN:
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of
Beaumont, California, held on the 1st day of March, 2022.
AYES: Lara, Santos, Fenn, Martinez, White
NOES:
AB SENT:
ABSTAI
Lloyd Wkte, Mayor
Attest:
Nicdle Wheelwright, D pi ty City Clerk
Approved as to
Om
inkney, City Atto
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EXHIBIT "A"
1.16.010 Violation —Misdemeanor —When.
Any person violating any of the provisions or failing to comply with any of the mandatory
requirements of the ordinances of the City, shall be guilty of a misdemeanor, unless the violation
is made an infraction by ordinance.
1.16.020 Violation— Misdemeanor —Penalty.
Except in cases where a different punishment is prescribed by any ordinance of the City any
person convicted of a misdemeanor for violation of an ordinance of the City is punishable by a
fine of not more than $1,000.00, or by imprisonment not to exceed six months or by both such
fine and imprisonment.
1.16.030 Violation —Infraction —Administrative fine —Penalty.
A. Except as provided in subsection B below and in cases where a different punishment is
prescribed by any ordinance of the City, any person subject to code enforcement by
administrative citation or convicted of an infraction for violating an ordinance of the City, is
punishable by.
A fine not exceeding $100.00 for a first violation;
ii. A fine not exceeding $200.00 for a second violation of the same ordinance
within one year;
iii. A fine not exceeding $500.00 for each additional violation of the same ordinance
within one year of the first violation.
The fourth violation and every violation of the same ordinance within one year may thereafter be
charged as a misdemeanor.
B. Notwithstanding any other provision of law, a violation of a City building and safety
code provision is punishable by:
A fine not exceeding $100.00 for a first violation;
ii. A fine not exceeding $500.00 for a second violation of the same provision within
one year;
iii. A fine not exceeding $1,000.00 for each additional violation of the same
provision within one year of the first violation.
The fourth violation and every violation of the same ordinance within one year may thereafter be
charged as a misdemeanor.
C. Notwithstanding any other provision of law, a violation involving the possession or use
of fireworks as defined in California Health & Safety Code §12676 and §12677 is punishable
by:
A fine not exceeding $1000.00 for a first violation;
ii. A fine not exceeding $2500.00 for a second violation of the same provision
within one year;
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A fine not exceeding $5,000.00 for each additional violation of the same
provision within one year of the first violation.
The fourth violation and every violation of the same ordinance within one year may thereafter be
charged as a misdemeanor.
1.16.040 Separate offense.
Each such person shall be guilty of a separate offense for each and every day during any portion
of which any violation of any provision of the ordinances of the City is committed, continued or
permitted by any such person, and he shall be punishable accordingly.
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