Ordinance Number 1025 ORDINANCE NO. 1025
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING SECTIONS 1-2.03(b), 1-5.01(a)AND 1-7.07 OF
THE SAN JUAN CAPISTRANO MUNICIPAL CODE AND ADDING A NEW
SECTION 1-2.11 TO THE SAN JUAN CAPISTRANO MUNICIPAL CODE
REGARDING CODE ENFORCEMENT REMEDIES
WHEREAS, Title 1 of the San Juan Capistrano Municipal Code ("Municipal Code")
contains various provisions regarding the enforcement of City's ordinance; and
WHEREAS, the City Council wishes to clarify and strengthen certain provisions regarding
the enforcement of the City's ordinances, as set forth below; and
WHEREAS, the City Council wishes to authorize the imposition of misdemeanor fines up to
the maximum amount permitted by state law; and
WHEREAS, the City Council wishes to clarify the Municipal Code to expressly authorize
the City Attorney to institute various remedies for violations of the City's laws, conditions of
approval, permits, licenses or orders; and
WHEREAS, the City Council wishes to authorize the imposition of administrative/civil fines
in the maximum amount authorized by state law for those violations that could otherwise be
chargeable as misdemeanors; and
WHEREAS, the City Council wishes to expressly authorize the City to consider the mental
state of a person (including any corporate entity) in imposing penalties and fines.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 1-2.03, subdivision (b)of Chapter of Title 1 of the San Juan
Capistrano Municipal Code is hereby amended to read as follows:
"Sec. 1-2.03 Imposition of penalties: Alternate remedy.
(b) Notwithstanding the provisions of Section 1-2.01 of this
chapter,the City Attorney, at his sole discretion, may prosecute any violation
of this Code as a misdemeanor. In such event, any person convicted of a
misdemeanor shall be punishable by a fine of not more than €4ve-fired
and-neA00t s One Thousand and no/100ths Dollars($1.000500:90), or by
imprisonment in the County Jail for a period not exceeding six(6)months, or
by both such fine and imprisonment."
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SECTION 2. Section 1-5.01 of Chapter 5 of Title 1 of the San Juan Capistrano
Municipal Code is hereby amended to add a new subdivision (c) as follows:
"Sec. 1-5.01 Officers authorized.
(a) It shall be the duty of the City Attorney, the City Manager and
those peace officers, officers or employees of the City who are appointed by
the City Manager and designated as Code Enforcement Officials to enforce
all of the laws of the City. Without limiting the nature of the preceding.
the City Attorney is hereby authorized to institute any civil action in
order to prevent, abate or otherwise remedy any violation of any City
ordinance, any condition of approval, or any permit, license or order
issued by the City. Such relief may include, but shall not be limited to
injunctive relief, mandatory jniunctive relief, declaratory relief,
monetary relief, or any combination thereof."
SECTION 3. Section 1-7.07, subdivision (b)of the San Juan Capistrano Municipal
Code is hereby amended to read as follows:
"Sec. 1-7.07 Civil fines, late charges—Collection of fees and costs
(b) If a violation is classified as an infraction under the Code, the
civil fine shall not exceed one hundred dollars ($100.00) for a first (1st)
offense,two hundred dollars($200.00)for a second (2nd)offense within one
year, and five hundred dollars ($500.00) for a third (3rd), and subsequent
offense within one year as set forth in subdivision (b)of Section 36900 of the
California Government Code. The amounts of such fines may be modified
from time to time by a resolution of the City Council provided they do not
exceed the limits allowed by State law. if a violation is classified as a
misdemeanor under the Code, or if such violation may be vrosecuted
as either a misdemeanor or an infraction, it shall be within the
discretion of the City to impose a civil frne under this Chapter in an
amount not to exceed one thousand dollars ($1,000) per violation."
SECTION 4. A new Section 1-2.11 is hereby added to the San Juan Capistrano
Municipal Code to read as follows:
"Sec. 1-2.11 Mens Rea; Increased Culpability.
(a) Unless another mens rea is specifically set forth in this Code,
there shall be no mens rea required in order to establish a violation of this
Code or any ordinance of this City, it being declared by this Section that
violations of City ordinances are strict liability offenses, unless specifically
provided for otherwise.
(b) Notwithstanding subdivision (a), in exercising his or her
discretion as to the level of an offense to charge(misdemeanor/infraction)or I
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the amount of fine to impose, or both, the City Attorney or citing officer may
consider the mens rea of the person accused, with increasing penalty
depending on the following mens rea, in order of increasing severity,that can
be established: negligently, knowingly, willfully, maliciously."
SECTION 5. Declaratory of Existing Law.
The City Council finds that the amendments added by Sections 2 and 4 of this
Ordinance are declaratory of existing law.
SECTION 6. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after its passage.
SECTION 7. City Clerk's Certification.
The City Clerk shall certify to the adoption of this Ordinance and cause the
same to be posted at the duly designated posting places within the City and published
once within fifteen (15) days after passage and adoption as required by law; or, in the
alternative, the City Clerk may cause to be published a summary of this Ordinance and a
certified copy of the text of this Ordinance shall be posted in the Office of the City Clerkfive
(5) days prior to the date of adoption of this Ordinance; and, within fifteen (15) days after
adoption,the City Clerk shall cause to be published the aforementioned summary and shall
post a certified copy of this Ordinance, together with the vote for and against the same, in
the Office of the City Clerk.
ASSED, APPROVED AND AD ED this 2�day of October 2015.
DER REEVE, MAYOR
A SI :
MARI R I 8.1CITY LER
U
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STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby
certify that the foregoing is a true and correct copy of Ordinance No. 1025 which was
regularly introduced and Placed upon its first reading atthe Adjourned Regular Meeting of
the City Council on the 6" day of October 2015, and that thereafter, said Ordinance was
duly adopted and passed at the Regular Meeting of the City Council on the 201h day of
October 201 , by the following vote, to wit:
AYE C UNCIL MEMBERS: Allevato, Ferguson, Perry, Patterson and Mayor Reeve
NO UNCIL MEMERS: None
AB E OUNCIL ME BERS: None
i
MA M I , CI C K
STATE OF CALIFOR )
COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, declare as follows:
That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano;
That in compliance with State laws, Government Code section 36933(1) of the State of
California, on the 81h day of October 2015, at least 5 days prior to the adoption of the
ordinance, I caused to be posted a certified copy of the proposed ordinance entitled:
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING SECTIONS 1- . 3(b), 1- .01(a)AND 1-7.07 OF
THE SAN JUAN CAPISTRANO MUNICI A C D AND ADDING A NEW
SECTION 1-2.11 TO THE SAN JUAN CA 1 0 MUNICIPAL CODE
REGARDING CODE ENFORCEMENT E
This document was posted in the Office of the Cit CI
MARIA I CI Y Cl- RK
San Juan Capist no, Cali rnia
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) as AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, declare as follows:
That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano;
that in compliance with State laws, Government Code section 36933(1) of the State of
California.
On the 27th day of October 2015, 1 caused to be posted a certified copy of Ordinance No.
1025, adopted by the City Council on October 20, 2015, entitled:
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA,AMENDING SECTIONS 1-2.03(b), 1- .01(a)AND 1-7.07 OF
A
THE SAN JUAN CAPISTRANO MUNICI CODE AND ADDING A NEW
SECTION 1-2.11 TO THE SAN JUAN AP 0 MUNICIPAL CODE
REGARDING CODE ENFORCEMEN RE I S
This document was posted in the Office of th City I
MARIA S, ITY CLE
San Juan api trano, Califor 'a
L
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