LWV League of Women Voters of California
Smart Voter
Orange County, CA November 5, 2002 Election
Measure V
Punishment for Violation
City of Placentia

Charter Amendment - Majority Approval Required

6,128 / 67.2% Yes votes ...... 2,991 / 32.8% No votes

See Also: Index of all Measures

Results as of Nov 12 4:00pm, 100.0% of Precincts Reporting (36/36)
Information shown below: Impartial Analysis | Arguments |

Shall Section 6020 and 1401 of the Charter of the City of Placentia be amended to provide (1)that punishment for violating the provisions of the City Municipal Code and the City Charter be increased to the maximum extent provided by state law and (2) for recovery by the City of its investigative and enforcement costs relating to violation of the City Municipal Code and City Charter?

Impartial Analysis from City Attorney
The current provisions of the City Charter provide that any violation of the City Charter or any ordinance of the City is a misdemeanor offense which may be punished by a fine of not more than $500 or by imprisonment for a term not exceeding 6 months, or both. This measure provides that any conviction for a misdemeanor violation of the City Charter or a City ordinance could be punished by a fine of not more than $1,000, or imprisonment for a term not exceeding 1 year, or both. This measure is consistent with state law that provides all cities with the power to make violations of their laws punishable by a $1,000 fine or one year imprisonment, or both.

This measure would also allow the Council to make a violation of City ordinances an offense lesser than a misdemeanor.

The current provisions of the City Charter do not expressly provide the City with the authority to require reimbursement for the City's costs in the investigation and enforcement of the City Charter and City ordinances. This measure expressly provides that any person convicted of a violation of the Charter or a City ordinance, or otherwise determined in a civil action to have committed a violation of the Charter or a City ordinance, shall be liable for reimbursing the City for all costs incurred by the City in the investigation and enforcement of the City Charter or City ordinance violation.

 
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Arguments For Measure V Arguments Against Measure V
The City of Placentia is a beautiful City with attractive and well-kept neighborhoods, parks, and shopping centers. We believe that this is due in no small measure to our comprehensive set of City ordinances and laws that we try to uniformly enforce. If someone violates our laws, we believe we have an obligation to ensure that the violator is appropriately punished and that there is no chance that the violation will occur again. We simply want to make sure there is compliance with our Code.

California law allows us to establish a larger maximum fine or jail term for violation of our laws than our current Charter and Code provide. Please note that this measure only establishes maximum amounts. The City doesn't typically ask for the maximum on a first violation. It is only after a person has repeatedly violated our Code that the City tries to secure the maximum amounts. And the City does this solely for the purpose of securing Code compliance. If the person had complied with our Code after the first violation, there would be no need to ask for a larger amount.

California law allows us to provide for fines up to $1,000 or jail terms up to one year or both for violations of our laws. Only a court can actually assess such fines or jail terms. We believe that our courts should have such discretion as a tool in securing compliance with our Code.

Vote YES on Measure V.

No argument against this measure was submitted


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Created: December 6, 2002 03:14 PST
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