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AB-345 Municipal code violations.(2017-2018)

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Date Published: 03/22/2017 04:00 AM
AB345:v98#DOCUMENT

Amended  IN  Assembly  March 21, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 345


Introduced by Assembly Member Ridley-Thomas

February 08, 2017


An act to amend Sections 25132 and 36900 of the Government Code, relating to local government.


LEGISLATIVE COUNSEL'S DIGEST


AB 345, as amended, Ridley-Thomas. Municipal code violations.
Existing law authorizes the legislative body of a local agency to make, by ordinance, any violation of an ordinance subject to an administrative fine or penalty and limits the maximum fine or penalty amounts for infractions to $100 for the first violation, $200 for a 2nd violation of the same ordinance within one year of the first violation, and $500 for each additional violation of the same ordinance within one year of the first violation. For violations of city or county building and safety codes determined to be an infraction, existing law limits the amount of the fine to $100 for a first violation, $500 for a 2nd violation of the same ordinance within one year, and $1,000 for each additional violation of the same ordinance within one year of the first violation.
This bill would increase those amounts to $300 for the first violation, $500 for a 2nd violation of the same ordinance within one year of the first violation, and $1,000 for each additional violation of the same ordinance within one year of the first violation for any violation of an ordinance determined to be an infraction. The bill would, for violations of city or county building and safety codes determined to be an infraction, additionally increase the amounts of the fines to $500 for a first violation, $750 for a 2nd violation of the same ordinance within one year, and $1,500 for each additional violation of the same ordinance within one year of the first violation.

Existing law makes violation of a city ordinance a misdemeanor unless an ordinance makes it an infraction. Existing law prescribes limits on fines for violations.

This bill would state the intent of the Legislature to subsequently amend this bill to include provisions that would increase the maximum fee local governments may fine for municipal code violations to $500 per violation and to clarify that an initial warning need not be given prior to the imposition of a fine.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 25132 of the Government Code is amended to read:

25132.
 (a) Violation of a county ordinance is a misdemeanor unless by ordinance it is made an infraction. The violation of a county ordinance may be prosecuted by county authorities in the name of the people of the State of California, or redressed by civil action.
(b) Every violation determined to be an infraction is punishable by (1) a the following:
(1) A fine not exceeding one three hundred dollars ($100) ($300) for a first violation; (2) a violation.
(2) A fine not exceeding two five hundred dollars ($200) ($500) for a second violation of the same ordinance within one year; (3) a year.
(3) A fine not exceeding five hundred one thousand dollars ($500) ($1,000) for each additional violation of the same ordinance within one year.
(c) Notwithstanding any other provision of law, a violation of local building and safety codes determined to be an infraction is punishable by (1) a the following:
(1) A fine not exceeding one five hundred dollars ($100) ($500) for a first violation; (2) a violation.
(2) A fine not exceeding five hundred dollars ($500) seven hundred fifty dollars ($750) for a second violation of the same ordinance within one year; (3) a year.
(3) A fine not exceeding one thousand five hundred dollars ($1,000) ($1,500) for each additional violation of the same ordinance within one year of the first violation.

SEC. 2.

 Section 36900 of the Government Code is amended to read:

36900.
 (a) Violation of a city ordinance is a misdemeanor unless by ordinance it is made an infraction. The violation of a city ordinance may be prosecuted by city authorities in the name of the people of the State of California, or redressed by civil action.
(b) Every violation determined to be an infraction is punishable by (1) a the following:
(1) A fine not exceeding one three hundred dollars ($100) ($300) for a first violation; (2) a violation.
(2) A fine not exceeding two five hundred dollars ($200) ($500) for a second violation of the same ordinance within one year; (3) a year.
(3) A fine not exceeding five hundred one thousand dollars ($500) ($1,000) for each additional violation of the same ordinance within one year.
(c) Notwithstanding any other provision of law, a violation of local building and safety codes determined to be an infraction is punishable by (1) a the following:
(1) A fine not exceeding one five hundred dollars ($100) ($500) for a first violation; (2) a violation.
(2) A fine not exceeding five hundred dollars ($500) seven hundred fifty dollars ($750) for a second violation of the same ordinance within one year; (3) a year.
(3) A fine not exceeding one thousand five hundred dollars ($1,000) ($1,500) for each additional violation of the same ordinance within one year of the first violation.

SECTION 1.

It is the intent of the Legislature to subsequently amend this measure to include provisions that would increase the maximum fee local governments may fine for municipal code violations to five hundred dollars ($500) per violation and to clarify that an initial warning need not be given prior to the imposition of a fine.