1992 ORD O-08-92 - Laserfiche WebLink

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ORDINANCE NO -0-08 92 AN ORDINANCE AMENDING CHAPTER 1.12 OF THE COLTON MUMCIPAL CODE TO PROVIDE THE CITY ATTORNEY WITH THE DISCRETION TO PROSECUTE MISDEMEANOR OFFENSES AS INFRAC77ONS WHEREAS, the Colton Municipal Code currently designates all violations of the Municipal Code as misdemeanors unless specific provisions provide otherwise; and WHEREAS, Section 36900 of the California Government Code permits the City to designate specific offenses as infractions rather than as misdemeanors; and WHEREAS, it is in the interest of the City to expedite prosecution of minor Municipal Code violations that do not warrant full prosecution as infractions rather than as misdemeanors, in order to reduce costs to the City in legal fees which may, exceed fines recoverable from the defendant and in the interest of justice; and WHEREAS, the City Council finds and determines that it is in the best interests of the City that the City grant the City Attorney discretion to prosecute any violation of the Municipal Code now designated as a misdemeanor as an infraction in order to serve the interests of justice and of the City. NOW, THEREFORE, 77IE CITY COUNCIL OF THE CITY OF COLTONDOES HEREBY ORDAINAS FOLLOWS: Section 1. Chapter 1.12 of the Colton Municipal Code shall be amended to read as follows: "1.12.020 Violations. Every person who causes, aids, abets or conceals a violation of this Code is guilty of violating this Code. 1. 12.020 Penalty for Violations - M ' demeano and Infractions. Unless a specific penalty is prescribed for violation of a specific provision of this Code, every act prohibited or declared unlawful and every failure to perform an act made mandatory by this Code is punishable as a misdemeanor or an infraction. 1.12.030 Prosecution as Misdemeanor or Irraction The City Attorney shall have the authority prosecute any violation of the Municipal Code designated as a misdemeanor as an infraction in the interests of justice, unless the defendant, at the time he is arraigned, after being informed of his right. elects to have the case proceed as a misdemeanor. Additionally, the Court may, with the consent of the defendant, determine that the offense is an infraction in which event the case shall proceed as if the defendant e_aLEI� NO . ........... ........... ., --- � 3