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Home My WebLink About2013/03/19 Item 06oRDINANCENO. ^^~~~~PING ANp ApOPT10N ORDINANCE OF THE CITY OF CHULA V~IL2~TllING MUNICIPAL CODE CHAPTER 1.20 TO CLARIFY CITY ATTORNEY AUTHORITY AS PRIMARY CRIMINAL PROSECUTOR OF THE MUNICIPAL CODE AS STATED IN THE CITY CHARTER WHEREAS, the Chula Vista City Charter states that the City Attorney shall "[p]rosecute, if so directed by ordinance of the City Council, all offenses against the ordinances of the City. . ." [Section 503(b)(6)]; and WHEREAS, the current Chapter 1.20 is unclear because it does not explicitly state that the City Attorney is the official responsible for prosecuting Municipal Cpde violations nor is the Chapter consistent with the City Charter; and WHEREAS, the City Council so directs and authorizes the City Attorney to act as a prosecutor with regazd to Municipal Code misdemeanor violations as stated in the City Charter subject to his or her prosecutorial discretion and as office resources and staffing permit; and WHEREAS, this action is necessazy to preserve the public peace, health, safety and general welfaze in that this action wi13 promote the public's compliance with mu~ucipal law, it will solidify the authority to prosecute code violations as misdemeanors and it will support the Police Department's efforts in the field. NOW, THEREFORE, with the above recitations incorporated herein, the City Council of the City Of Chula Vista does, hereby, ordain as follows: SECTION I. That Chula Vista Municipal Code Chapter 1.20 be atnended to read as follows Chapter 1.20 GENERAL PENALTY' Sections: 1.20.005 City Attorney authority to prosecute violations of the Chula Vista Municipal Code. 1.20.010 Designated -Applicability. 1.20.020 Infractions -Prosecutor's discretion/defendant's election [o have infraction treated as misdemeanor. 1.20.030 Applicability of misdemeanor provisions 1.20.040 Precedence over other sections. 6-1 Ordinance No. Page 2 • For statutory provisions authorizing cities to impose penalties for violations of ordinances, not exceeding $500.00 in fines and/or six months imprisonment, see Gov. Code § 36901; for provisions of the city Charter regarding penalties for violation of ordinances, see Charter §§ 316 and 1501; for statutory authority for cities to compel prisoners to labor, see Gov. Code § 30904. 1.20.005 City Attorney authority to prosecute violations of the Chula Vista Municipal Code. A. Pursuant to Section 503(b)(6) of the City Charter, the City Council hereby authorizes and directs the city attomey to prosecute all offenses against the ordinances of the City. The city attomey will prosecute all offenses against the ordinance of the City subject to his or her prosecutorial discretion and as office resources and staffing permit. The city attomey is hereafter referred to as the "city prosecutor" in this Chapter and the city attomey can also authorize deputy city attomeys to act as city prosecutors as he or she deems appropriate based on the professional qualifications of the deputy city attomey. B. This ordinance establishes afull-time city prosecutor subject to the resources and staffing of the city attorney's office. C. A city prosecutor may exercise the following powers: 1. The city prosecutor may prosecute all such misdemeanors committed within the city, and handle all appeals arising from it. The city prosecutor may draw complaints for such misdemeanors, and may prosecute all recognizances or bail bond forfeitures arising from or resulting from the commission of such offenses. 2. Whenever any person applying for a writ of habeas corpus is held in custody by any peace officer of such city, charged with having committed within the city any misdemeanor, a copy of the application for such writ shall be served.upon such city prosecutor at the time and in the manner provided by law for the service of writs of habeas corpus upon disrtict attomeys. On behalf of the people, the prosecutor shall conduct all proceedings relating to such application. If the constitutionality of any law is questioned in any such habeas corpus proceeding, the city prosecutor shall immediately notify the city attomey who may take chazge of the proceedings on behalf of the people, or become associated with the city prosecutor in the proceedings. 1.20.010 Designated -Applicability. A. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of the ordinances of the city shall be guilty of a misdemeanor, unless, at the sole option of the city prosecutor, the violation is cited and prosecuted as an infraction. 6-2 Ordinance No. Page 3 B. An infraction is punishable by: 1. A fine not exceeding $100.00 for a first violation. C. An infraction is not punishable by imprisonment. A person charged with an infraction shall not be entitled to a trial by jury. A person chazged with an infraction shall not be entitled to have the public defender or other counsel appointed at public expense to represent him unless he is arrested and not released on his written promise to appeaz, on his own recognizance, or upon a deposit of bail. D. A misdemeanor is punishable by: 1. hnprisonment in the county jail not exceeding six months, or by fine not exceeding $1,000, or by both. E. Each such person described in subsection (A) of this section shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of the city is committed, continued or permitted by any such person, and he shall be punished accordingly. F. Payment of a fine shall not excuse payment of any fee required by the municipal code. G. In addition to the foregoing, any violation of the provisions of the ordinances of the city is deemed to be a public nuisance. Such violations may be abated by civil action or pursuant to applicable administrative abatement procedures. 1.20.020Infractions -Prosecutor's discretion/defendant's election to have infraction treated as misdemeanor. A. A violation of any Chula Vista Municipal Code section may, at the discretion of the city prosecutor if the violation is initially chazged as a misdemeanor rather than an infraction, be prosecuted as an infraction, subject to the procedures described in CVMC 1.20.010(C) and 1.20.030 when: The city prosecutor files a complaint charging the offense as an infraction, unless the defendant, at the time he is arraigned, after being informed of his rights, elects to have the case proceed as a misdemeanor; or 2. The court, with the consent of the defendant, detern~ines that the offense is an infraction, in which event the case shall proceed as if the defendant had been arraigned on an infraction complaint 1.20.030 Applicability of misdemeanor provisions. Except as otherwise provided bylaw, all provisions of law related to misdemeanors shall apply to infractions, including but not limited to powers of peace officers, 6-3 Ordinance No. Page 4 jurisdiction of courts, period for commencing action and for bringing a case to trial, and burden of proof. ].20.040 Precedence over other sections. CVMC 120.005, 1.20.010, ].20.020 and 1.20.030 supersede all other criminal penalty provisions of the Chula Vista Municipal Code and any other city ordinances. Section II. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to'any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section V. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by Glen R. Googins City Attorney / =~... Glen R. Googins D si'-K----~ City Attorney 6-4