1992 AGN FEB 18 I18 - Laserfiche WebLink

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• CITY OF COLTON AGENDA REPORT For Council Meeting of February 18, 1992 TO: MAYOR, CITY COUNCIL AND CITY MANAGER FROM: CITY ATTORNEY RE: ORDINANCE AMENDING CHAPTER 1.12 OF THE COLTON MUNICIPAL CODE Attached is a proposed ordinance amending the Colton Municipal Code to allow the City Attorney, with the consent of the defendant, to prosecute violations of the Municipal Code now designated as misdemeanor violations as infractions. The proposed ordinance tracts similar authorization under the California Penal Code for violations of state law, and permits the defendant to insist upon misdemeanor prosecution, with its related protections for the accused including the right to a public defender and the right to a jury trial. Under the current Colton Municipal Code very few violations are identified as infractions rather than as misdemeanor violations. The City is authorized under Government Code Section 36900 to designate any Municipal Code violations as infractions by ordinance. Because infraction violations cannot result in imprisonment, the rights of the accused are permitted to be limited, so that the right to a public defender or a jury trial may be denied. This can result in simplified and expedited proceedings to recover fines for minor violations of the Municipal Code. We would encourage the City to review its current Municipal Code to determine areas where designation of infraction status might be more appropriate than the current C.1 NTRAL RECORDS J Hs946n q�� �iZo • /