HomeMy WebLinkAboutOrd 1987-2213ORDINANCE NO. 2213
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
SECTIONS 1.20.010, 9.15.010 AND ADDING SECTION
1.20.020 TO THE CHULA VISTA MUNICIPAL CODE RELATING
TO INFRACTIONS
The City Council of the City of Chula Vista does ordain
as follows:
SECTION I: Section 1.20.010 of the Chula Vista
Municipal Code is amended to read as follows:
Sec. 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 an
infraction. An infraction is punishable by:
1. A fine not exceeding one hundred dollars for a
first violation;
2. A fine not exceeding two hundred dollars for a
second violation of the same ordinance within one
year;
3. A fine not exceeding five hundred dollars for each
additional violation of the same ordinance within
one year.
B. Each such person 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.
C. Except as provided in Section 1.20.020, this section
shall supersede all other penalty sections in the
Chula Vista Municipal Code and any other city
ordinances.
D. Payment of a fine shall not excuse payment of any fee
required by the Municipal Code.
SECTION II: Section 1.20.020 is added to the Chula Vista
Municipal Code to read as follows:
Sec. 1.20.020 Specified Misdemeanors.
Notwithstanding Section 1.20.010, the following
offenses are misdemeanors and punishable as such:
Sections 9.09.010 and 9.15.010. However, violation of
said sections shall be infraction when:
-1-
~ The 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,
determines that the offense is an infraction in
which event the case shall proceed as if the
defendant had been arraigned on a infraction
complaint.
SECTION III: Section 9.15.010 of
Municipal Code is amended to read as follows:
the Chula Vista
Sec. 9.15.010
Open alcoholic beverage containers
prohibited on posted premises.
A. Any person who has in his or her possession any
bottle, can or other receptacle containing any
alcoholic beverage which has been opened, or a seal
broken, or the contents of which have been partially
removed, and who enters, in on, or remains on the
posted premises of, any retail package off-sale
alcoholic beverage licensee licensed pursuant to
Division 9 of the Business and Professions Code, or on
any public sidewalk immediately adjacent to the
licensed premises is guilty of aN ~f~M
misdemeanor.
B. All retail package off-sale alcoholic beverage
licensee licensed pursuant to Division 9 of the
Business and Professions Code to operate in the City
of Chula Vista shall post such licensed premises with
notices clearly visible to patrons of the licensee and
parking lot and to person on the public sidewalk that
the provisions of Subsection A of this section are
applicable. Such notices shall include language that
states that possession of any opened alcoholic
beverage container is prohibited by law. Any licensee
who does not so post the licensed premises is guilty
of an infraction.
C. As used in this section "posted premises" means those
premises which are subject to licensure under any
retail off-sale alcoholic beverage license, the
parking lot immediately adjacent to the licensed
premises and any public sidewalk immediately adjacent
to the licensed premises which are posted with notices
pursuant to subsection B.
D. AS used in this section, "parking lot immediately
adjacent to the licensed premises" means any parking
lot under the control of or operated in conjunction
with the licensed premises, except a private
residential parking lot immediately adjacent to the
-2-
posted premises, unless such private residential
parking lot also constitutes a "semi-public parking
lot" as defined in Subsection E.
Any person who consumes alcoholic beverages, or has in
his or her possession any bottle, can or other
receptacle containing any alcoholic beverage which has
been opened, or a seal broken, or the contents of
which have been partially removed, and enters upon any
public street, sidewalk, parkway, public parking lot,
or semi-public parking lot, is guilty of aM
~f~X~ misdemeanor. The term "semi-public
parking lot" means any area wherein motor vehicles are
parked by the public in conjunction with any business,
enterprise, commercial establishment, office building,
or apartment building.
The subsections of this section are severable. The
invalidity of a subsection shall not affect the
validity of the remaining subsections.
SECTION IV: This ordinance shall take effect and be in
full force on the thirty-first day from and after its adoption.
Presented and Approved as to form by
Richard'Rudolf, ant City
~ttorney
2932a
-3-
CI 3F
F I NALLY
19 S7
AYES:
NAYES:
ABSTAIN:
ABSENT:
FIRST READ AT A REGULAR MEETING OF THE CITY COUNCIL OF THE
CHULA VISTA· CALIFORNIA· HELD June 9 19 87 AND
. ·
PASSED AND ADOPTED AT A REGULAR MEETING THEREOF HELD June 16 ·
· BY THE FOLLOWING VOTEj TO-WIT:
Courlcjlrtterl: Cox,
Councihllen: None
Comcjlmen: N o n e
Councilmelt: None
Moore, Nader, Malcolm, McCandliss
ATTEST
Chula Vista
STA1 E OF CALIFORNIA )
COUNTY OF SAN DIEGO ) s s.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California,
DO HEREBY CERTIFY that fie above and foregoing is o full, true and correct copy of
2213
ORDINANCE NO, ,and that the same has not been amended or repealed.
DATED
cew OF
CHULA VISTA
City Clerk
CC-660