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HomeMy Public PortalAboutOrd. 1438~. 1} CITY.OF LYNWOOD LOS ANGELES COUNTY, CALIFORNIA ORDINANCE NO. 1438 AN ORDINANCE OF THE CITY OF LYNWOOD AMENDING CHAPTER 1 OF THE LYNWOOD MUNICIPAL CODE BY AMENDING, IN THEIR ENTIRETY SECTIONS 1-5 AND 1-6 .THEREOF RELATING TO PENALTY PROVISIONS AND TO ENFORCEMENT OF THE CODE BY CITY OFFICERS AND EMPLOYEES THE CITY COUNCIL OF .THE CITY OF LYNWOOD DOES ORDAIN AS FOLLOWS: ,~.-_. ,Soct,i.on .1-. (`h~ntcr ef_ the. Lyr_wood M~.~nicipal. Code_ is. ~.:. . amended by amending in its entirety Section 1-5 thereof to read as follows: "Section 1-5 PENALTY PROVISIONS a. Misdemeanors; Infractions. It is unlawful for any person t~ to comply with any of the. provisions. this Code. Any person violating. any or failing to comply with any of the this Code is guilty of a misdemeanor ~ violate or fail or requirements of of the provisions requirements of unless: 1. .The violation-is classified as an infraction by the State Vehicle Code or this Code in which case the person is. guilty of an infraction; or T 2. The public prosecutor files a complaint ~° charging the offense as an infraction; or -~ _ ~ ,. 3. ~~ public officer or employee designateu'n or "-~' pursuant to Section 1-6 below issues a citation charging the offense as an infraction. b. Responsibility. The occupant of any premises upon which a viola- tion of .any provision of this Code is apparent, or the owner of those premises, or.the owner of any object or -- material placed or remaining anywhere in violation of any provision of this Code, is prima facie responsible for the violation and is subject to the penalties provided for that violation. - c. Prohibited Acts. ,~ Whenever this Code makes any act or omission unlawful., . that unlawful act or omission includes causing, permitting, aiding, abetting, suffering or concealing that act or omission. W.~.~~__ ,~_~ _.~__..:,.._d..~.._:Punishment. 1. Any person convicted of a misdemeanor under ,, the provisions of.this Code, unless provision is otherwise made in this Code, is punishable. by a fine of not more than One Thousand Dollars {$1,000.00) or by imprisonment in the Los Angeles County jail for a period of not more than six (6) months, or by both such fine and imprisonment. 2. Any person convicted of an infiract,ior. under the provisions of this Code, unless provision is other- . wise made in this Code, is punishable by a fine of .not. 960619 10512-00001 syc 0592609 0 ~.,. ~, more than One Hundred Dollars. ($100.00) for a first violation, and by a fine of not more than Two Hundred Dollars ($200.00) for. a second violation of the same ordinance within one .year, and by a fine of not more than Five Hundred Dollars ($500..00) for each additional violation of the same ordinance within one year. e. Continuing Violations. It will constitute a new and .separate offense for each and every day during any portion of which a viola- tion of, or failure to comply with, any provision or requirement of this Code is committed, continued, or permitted by any person, and that person will be punished accordingly.- f. Public Nuisances. In addition to other penalties provided bylaw, any condition caused'or permitted to exist in violation of any provision of this Code is deemed to be a public nuisance and may be summarily abated as such by the -city, and each day that condition continues will constitute a new and separate offense." Section 2. Chapter 1 of the Lynwood Municipal Code is amended by ,amending in .its entirety Section 1-6 thereof to-read as follows: "Section 1-6 ENFORCEMENT a. Issuance of Citations by Designated Employees. 1. Pursuant to Section 836.5 of the California. Qo - Penal Code, the duly designated Code Enforcement ~~` ~ ~ "", `~" Officers and Parking. Control Officers of the City, and such other officers. and employees of the city as may hereafter be specifically designated by ordinance or resolution of the City Council, have the power, authority and immunity, as provided for in that Section 836.5, to make arrests without a warrant whenever those , officers or employees have reasonable cause to believe that the person to be arrested has committed a violation in their presence of an ordinance or statute which those officers or employees have the duty to enforce. 2. In. any case in which a person is arrested pursuant to this authority and the person arrested does not demand to be taken before a magistrate, the officer or employee making the arrest must prepare a written notice to appear and release the person on his promise to appear, as prescribed by Chapter 5C (commencing with Section 853.5) of the California Penal Code. ----.w- ----~--._-- ~-. - b..-. _~Pro.cedures. and. Rules ...Concerning Issuance of Citations. The City Manager may, by Administrative Regulation, establish procedures and rules governing the conduct of officers and employees designated in or ' pursuant to paragraph a. above,. and may specify what ordinances those officers and employees will-have the duty to enforce if other than .all ordinances of the city." J 960619 10512-00001 syc 0592609 0 - 2 - .. ~. Section 3. The City Clerk is directed to certify to the passage and adoption of this ordinance and to cause the same to be published or posted as required .by law. .PASSED, APPROVED AND ADOPTED this 16th day of JUIY ,:1996. - ` _~~` . -~'~~~ _,~,~~- PAUL H. RICHARDS, II, MAYOR ATTEST: - ~.~..-Gt__. ~r .: ~ ANDREA L. HOOPER, CITY CLERK APPROVED AS TO FORM: - CITY ATTORNEY 960619 10512-00001 syc 05926090 - 3 ~; - ;. , STATE OF CALIFORNIA ) .COUNTY OF LOS ANGELES ) I,' the undersigned, City Clerk of the Lynwood City Council do hereby certify that the above and .foregoing is a full, true and correct copy of. Ordinance No. 1.438. on file _in my -'""'~ ~~` '` LL~offce °"a`na`"zhaLsaid orainance-~was adopted on the day of - July 199:6.x, and passed by the following vote: AYES: Councilmembers Hiene, Byrd, Henning, Rea and Richards NOES: None - ABSENT: None - - ~~ ~ ~~ Q~, City Clerk, City of Ly ood --