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HomeMy WebLinkAboutReso 042-03 TrafFineSchoolGrnds RESOLUTION NO. 42 - 03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ADOPTING INCREASED FINES AND PENALTIES FOR TRAFFIC VIOLATIONS COMMITTED IN PROXIMITY TO OCCUPIED SCHOOL GROUNDS WHEREAS, Assembly Bill 1886 was enacted by the California State Legislature and signed by the Governor during the 2001-2002 legislative term; and WHEREAS, Assembly Bill 1886 enacts increased penalties, including but not limited to doubled fine amounts, for specified traffic offenses committed in proximity to school grounds; and WHEREAS, Assembly Bill 1886 adds Section 1463.21 to the Penal Code, to read: 1463.21 (a) Notwithstanding Section 1463.001, out of moneys deposited with the county treasurer pursuant to Section 1463.001, the enhanced portion of the fine imposed pursuant to Section 42011 of the Vehicle Code shall be deposited in a special account in the county treasury which shall be used exclusively to pay for the cost of school pedestrian-bicyclist safety programs administered in accordance with Section 45452 of the Education Code by a city or county that has adopted Section 42011 of the Vehicle Code; and WHEREAS, Assembly Bill 1886 adds Vehicle Code Section 42011 (a)(1) which requires, as a condition of collecting increased penalties for traffic violations committed in proximity to school grounds, the posting of a standard "SCHOOL" warning sign and an accompanying sign notifying motorists that increased penalties apply for traffic violations that are committed within that school zone; and WHEREAS, Assembly Bill 1886 requires that any city or county that adopts its increased penalty section, Vehicle Code Section 42011, shall promptly notify the California Highway Patrol and the law enforcement agency having the primary traffic investigative authority of that fact; and WHEREAS, the public health and safety require that Vehicle Code Section 42011 be adopted in this City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin, California does resolve, declare, determine and order as follows: SECTION 1. Vehicle Code Section 42011 is hereby adopted by the City of Dublin as provided in Vehicle Code Section 4201 l(c) (1); and SECTION 2. The City Clerk shall, by certified copy of the Resolution, notify the Sheriff and the local office of the California Highway Patrol of the adoption of Vehicle Code Section 42011; and SECTION 3. The Public Works Director shall post, or cause to have posted, additional signage in school areas as time and resources permit as specified by Vehicle Code Section 42011 (a)(1); and SECTION 4. The County Auditor-Controller is requested to create a special account in the county treasury, which shall be used exclusively to pay for the cost of school pedestrian-bicyclist safety programs administered in accordance with Section 45452 of the Education Code. PASSED, APPROVED and ADOPTED this 4th day of March, 2003. AYES: Councilmembers McCormick, Oravetz, Sbranti and Zika and Mayor Lockhart NOES: None ABSENT: None  Mayor ATTEST: K2/G/3-4-03/reso-ab1886.doc (Item 8.4)