HomeMy WebLinkAboutAgenda Report - January 21, 1987 (109)C'UNCIL CoAMUNIC TIC
TO- THE CITY COUNCIL DATE,� NO.
FROM: THE CITY MANAGER'S OFFICE .;ANTIARY 8, 1987
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SUBJECT: AMEND LODI MUNICIPAL CODE BUSINESS LICENSE ORDINANCE TO REQUIRE MAT THE
PENAJ TY FOR VIOLATIONS THEREOF IS AN I9FRACTION.
PREPARED BY: City Attorney
RECOWENDED ACTION: That the City Council introduce an ordinance adding to
Chapter 5.04 a new section as follows:
"Section . Violation -Infraction.
"Any violation of this Chapter is an infraction unless the
defendant has been convicted of three or more violations
of a particular section within the twelve-month period
immediately preceding the ccatmission of the offense, and
then the violation of this Chapter constitutes a
misdemeamr. . "
BACKGROUND LNMRMATION: Under Lodi Municipal Code Section 1.08 010 and pursuant
to Government Code Section 36900, any violation of a city
ordinance is a misdemeanor, unless by ordinance it is made
an infraction. Under our business license ordinance as
written, violations are a misdemeanor. It is difficult to
enforce the provisions of the business licenses because of
increased activity in that area of business, and the
process that must be gone through to obtain a misdemeanor
conviction. It would seem logical to adopt an ord.:Lnance
under which violations would be an infraction with
stipulations, rather than a misdemeanor. The misdemeanor
violation requires fines and car carry a prison sentence.
The infraction would be a civil offense and this would
seen to be the way to go in order to cite offenders
without having to go to the lengths that a misdemeanor
conviction would require. It would be my, intention to ask
the Judge to set fines in an amount sufficient to cover
all of our costs.
Respectfully submitted,
Wald M. Stein
City Attorney
RMS:vc
cccbusli/txta.Oly
ORDINANCE NO. 1397
AN ORDINANCE OF THE LODI CITY CO(0CIL
AMENDING THE LODI MUNICIPAL CODE BY ADDING A
NEW SBMON UNDER CHAPTER 5.04 - BUSINESS LIQ GENERALLY
BE IT ORDAINED BY THE LODI CITY COUNCIL
SECTION 1. Lodi Municipal Code Chapter 5.04 - Business Licenses
Generally is hexeby amended to add a new section as follows.
"Section Violation -Infraction.
"Any violation of this Chapter is an infraction unless the
defendant has been convicted of three or more violations of a
particular section within the twelve-imonth period imrediately
preceding the candssion of the offense, and then the violation
of this Chapter constitutes a misdemeanor."
SECTION 2> All ordinances and parts of ordinances in conflict
herewith are reyeaied insofar as such conflict may exist.
SECTION 3. This ordinance shall be published one time in the "Lodi
News Sentinel", a daily newspaper of general circulation printed and
published in the City of Lodi, and shall be in force and take effect
thirty days from and after its passage and approval.
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Approved this 4th day of February, 1987
i
Y
FRED M. REID
Mayor
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Attest:
ALICE M. REIMCHE
City Clerk
State of California
County of San Joaquin, ss.
City Clerk of the City of Lodi, do here -
I, Alice M. Reims -he,
by certify that ordinance No. 1397 way introduced at a regular
meeting of the City Council of the City of Lodi held January
21, 1987 and was thereafter passed, adopted and ordered to
print at a regular �etilg of said Council held February 4,
1987 by the following vote:
Ayes: Co3ncilMaT'bers -
Noes: Council Mangers -
Absent: Council Manbers -
Abstain: Council N,aTrs -
I further certify that ordinance No. 1397 was approved and
sigby the ?jayor on the date of its passage and the same
has been dished pursuk-Int to law.
Approved as to Form
RCNALD M. STEIN
City Attorney
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ALICE M. RED"
City Clerk