HomeMy WebLinkAbout497ORDINANCE NO. 497
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF IRWINDALE REPEALING CHAPTER 1.12 AND
ADDING A NEW CHAPTER 1.12 TO THE IRWINDALE
MUNICIPAL CODE PERTAINING TO PENALTIES FOR
VIOLATIONS, SEVERABILITY AND CIVIL REMEDIES.
The City Council of the City of Irwindale does ordain
as follows:
Section 1. Chapter 1.12 of Title 1 of the Irwindale
Municipal Code hereby is repealed; provided, however, that said
repeal shall not apply to or otherwise affect the prosecution of
any alleged violation of the Irwindale Municipal Code where such
alleged violation occurred prior to the effective date of this
Ordinance.
Section 2. A new Chapter 1.12 hereby is added to Title
1 of the Irwindale Municipal Code to read, in words and figures,
as follows:
',Chapter 1.12
',PENALTIES, CIVIL REMEDIES AND SEVERABILITY
',Sections:
"1.12.010 Unlawful activities designated as
misdemeanor - Penalty
"1.12.020 Unlawful activities designated as
infractions - Penalty
"1.12.030 Separate offense
"1.12.040 Violation - Nuisance - Civil remedies
"1.12.050 severability__ _ _
',Section 1.12.010 Unlawful activities designated
as misdemeanor - Penalty.
"It is unlawful for any person, firm,
partnership or corporation to violate any provision or
fail to comply with any of the requirements of this
1
Code. Except as otherwise provided herein, any person,
firm, partnership or corporation violating any provision
of this Code, or failing to comply with any of its
requirements, shall be deemed guilty of a misdemeanor
and, upon conviction thereof, shall be punished by a
fine not exceeding Five Hundred Dollars ($500.00) or by
imprisonment not exceeding six (6) months, or by both
such fine and imprisonment.
',Section 1.12.020 Unlawful activities designated
as infraction - Penalty.
"Notwithstanding the provisions of Section
1.12.010, any person, firm, partnership or corporation
violating any provision of this Code or failing to
comply with any of the requirements thereof, where such
violation or failure is denominated an infraction, shall
be deemed guilty of an infraction, and unless otherwise
provided by law, upon conviction thereof, shall be
punished by a fine not exceeding One Hundred Dollars
($100.00) for a first violation; by a fine not exceeding
Two Hundred Dollars ($200.00) for a second violation of
the same provision within one (1) year; and by a fine
not exceeding Five Hundred Dollars ($500.00) for each
additional violation of the same provision within one
(1) year.
-"Section 1.12.030 Separate offense.
"Each person, firm, partnership or corporation
violating any provision of this Code or failing to
comply with any of the requirements thereof, shall be
deemed guilty of a separate offense for each and every
day, or portion thereof, during which any violation of
any of the provisions of this Code is committed,
continue or permitted by such person, firm, partnership
or corporation and shall be deemed punishable therefor
as provided in this Chapter.
',Section 1.12.040 Violation - Nuisance - Civil
remedies.
"The violation of any of the provisions of
this Code constitutes a nuisance, and may be abated by
_ the_City_throligh_civil-precess -by -means-of-restraining
order, preliminary or permanent injunction, or in any
other manner provided by law for the abatement of such
nuisances.
"Section 1.12.050 Severability.
"The City Council declares that, should any
title, chapter, provision, section, paragraph, sentence
or word of this Code be rendered or declared invalid by
any final court action by a court of competent
jurisdiction, or by reason of any preemptive
legislation, the remaining titles, chapters, provisions,
sections, paragraphs, sentences and words of this Code
shall remain in full force and effect."
Section 3. The City Clerk shall certify to the passage
of this Ordinance and shall cause the same to be published in the
manner prescribed by law.
PASSED this 24th day of July , 1995.
Raymond Chavez, Mayor Pro Lem
Camille Diaz, Deputy City Clerk
I, -DAVID QbaETT-0-,--eit-y--e±erk- of the City of Irwindale,
California, do hereby certify that the foregoing ordinance was
introduced at a regular meeting of the City council of the City
of Irwindale held on the 13th day of July , 1995, and
was finally passed at a regular meeting of the City Council of
the City of Irwindale held on the 24th day of July
1995, by the following vote.
AYES: COUNCIL MEMBERS: Tapia, P. Miranda, Breceda, Mayor Pro Tern Chavez
NOES: COUNCIL NEmBERs . None
ABSENT: COUNCIL MEMBERS: Mayor J. Miranda
ABSTAINED: COUNCIL MEMBERS: None
ATTEST:
Deputy City Clerk of the City of Irwindale
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