HomeMy WebLinkAbout4.8 Bail Schedule Infraction Ordinance AGENDA STATEMENT
CITY COUNCIL MEETING DATE : May 11 , 1987
SUBJECT : Bail Schedule for Infraction Ordinance
EXHIBITS ATTACHED : 1 ) Draft Resolution Establishing Bail
Schedule
RECOMMENDATION : �64KAdopt Draft Resolution
FINANCIAL STATEMENT: The City of Dublin receives 79% of the
Bail Forfeitures
DESCRIPTION : On January 26 , 1987 , the City Council
adopted Ordinance No. 7-87 which made violations of the Building
Regulations and the Zoning Ordinance infractions .
An infraction is similar to a traffic ticket . The offense is not
punishable by a jail sentence and the defendant is not entitled
to a jury trial . The State Law provides the maximum fine is $100
for the first offense, $200 for the second offense and $500 for
the third offense in a 12 month period . On the fourth offense
all violations become a misdemeanor which is punishable by a fine
not to exceed $500 , up to six months in jail , or both .
In addition to the fine listed above , there is an additional fee
of $7 . 00 for each $10 . 00 which goes to the State of California .
Thus , the maximum penalty for an infraction would be $ 170 for the
first offense , $340 for the second offense, and $850 for the
third offense .
It is now necessary for the City Council to adopt a bail schedule
which must be approved by the court . There are provisions in the
law for reduced bail in the event the violation is corrected in
the time specified on the citation . This operates similar to
"fix- it-tickets" that are issued for defects on a motor vehicle .
The policy previously adopted by the City Council requires that a
Warning Notice be issued for all violations except transient
violations and actual construction work proceeding without a
permit . Therefore , the Building Official recommends that there
be no reduction in the bail because ample notice has been given
prior to issuing a citation .
The attached Resolution lists the bail requirements for various
code sections and imposes the maximum penalty for each offense .
Ordinance 02-84 , indicated in Item I establishes the City
Building Regulations and adopts the various codes . Ordinance
12-85 , 13-85 , 32-85 and 7-87 amend Ordinance 02-84 .
Sections 11 . 2 & 72 . 9 , as indicated in Item I-B are retained as
misdemeanors . These sections pertain to Stop Work Orders and
interfering with abatement .
Item II is the Alameda County Zoning Ordinance as adopted by the
City of Dublin .
Item II -B is the recently adopted Ordinance No. 28-87 , relating
to sleeping in vehicles and this was specifically made a
misdemeanor .
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ITEM NO . COPIES TO :
S '
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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ADOPTION OF A BAIL SCHEDULE FOR INFRACTIONS
WHEREAS, the City Council of the City of Dublin has
adopted Ordinance 7-87 which makes violation of the Building
Regulations and the Zoning Ordinance infractions ;
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City
Council does hereby adopt a Bail Schedule for violation of said
infraction which is labeled Exhibit "A" and attached hereto.
BE IT FURTHER RESOLVED that a copy of this Resolution be
forwarded to the Municipal Court for Livermore-Pleasanton .
PASSED, APPROVED AND ADOPTED this 11th day of May, 1987 .
AYES:
NOES :
ABSENT :
Mayor
ATTEST :
City Clerk
EXHIBIT "A"
CITY OF DUBLIN
BAIL SCHEDULE FOR INFRACTIONS
I . Ordinance 02-84 as amended by Ordinance numbers 12-85 , 13-85 ,
32-85 and 7-87 .
A. All violations except Section 11 .2 and 72 . 9 .
First Offense Second Offense Third Offense
Appearance Mandatory Mandatory
Not Required Appearance Appearance
$100 $200 $500
B . Violation of Section 11 . 2 and 72 .9 are misdemeanors .
First Offense Second Offense Third Offense
Mandatory Mandatory Mandatory
Appearance Appearance Appearance
$100 $200 $500
C . All violations of the 1982 Uniform Building Code , 1982
Uniform Plumbing Code, 1982 Uniform Mechanical Code and
1984 National Electrical Code as adopted and amended by
Ordinances 02-84, 12-85 , 13-85 , 32-85 and 7-87 .
First Offense Second Offense Third Offense
Appearance Mandatory Mandatory
Not Required Appearance Appearance
$100 $200 $500
II . Title 8 , Chapter 2 , Part 1 , Alameda County Ordinance Code as
adopted and amended by the City of Dublin .
A. All violations except Section 8-60 . 33 . 1 .
First Offense Second Offense Third Offense
Appearance Mandatory Mandatory
Not Required Appearance Appearance
$100 $200 $500
B . Violation of Section 8-60 . 33 . 1 is a misdemeanor .
First Offense Second Offense Third Offense
Mandatory Mandatory Mandatory
Appearance Appearance Appearance
$100 $200 $500