HomeMy WebLinkAboutAgenda Statement 1987/06/16 Item 23 COUNCIL AGENDA STATEMENT
Item 23
Meeting Date 6/16/87
ITEM TITLE: Ordinance 2213 - Amending Sections 1.20.010, 9.15.010 and
Adding Section 1.20.020 to the Chula Vista Municipal Code
relating to Infractions
SUBMITTED BY: Assistant City Attorney SECOND READING AND ADOPTION
(4/5ths Vote: Yes No X )
Following adoption of new ordinances relating to loitering and open
containers, the Council requested that these ordinances be amended to make
them "wobblers", misdemeanors or infractions in the discretion of the
prosecuting attorney. The attached proposed ordinance will make loitering, in
violation of Section 9.09.010, possession of open containers on or immediately
adjacent to an off-sale retail package store, or on any public street,
sidewalk, parkway, public parking lot, or semi-public parking lot, a
misdemeanor offense capable of being charged as an infraction, at
prosecutorial discretion.
1 ARDS/COMMISSIONS RECOMMENDATION: N/A
RECOMMENDATION: That Council place ordnance on first reading if it meets
with Council's approval.
DISCUSSION:
When the Council approved the addition of infraction offenses for loitering
and open containers on public streets and sidewalks, it requested a follow-up
amendment to make the new offenses "wobblers" . That is, the Council wanted
the City Attorney's office to have the ability, in the event that factual
circumstances were sufficiently aggravated, to charge the offense as a
misdemeanor rather than an infraction. This ordinance gives the City
Attorney's office that discretionary power.
FISCAL IMPACT: N/A
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by the City Council of by the City Council of
Chula Vista, California Chula Vista, California
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