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.
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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."
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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. - `
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_,~,~~-
PAUL H. RICHARDS, II, MAYOR
ATTEST: -
~.~..-Gt__. ~r
.: ~ ANDREA L. HOOPER, CITY CLERK
APPROVED AS TO FORM: -
CITY ATTORNEY
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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 - -
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City Clerk, City of Ly ood --