Chapter 1.16
GENERAL PENALTY
Sections:
1.16.030 Recovery of criminal justice administration fees.
1.16.010 Violation – Penalty.
A. It is unlawful for any person to violate any provision of this code, to advertise an activity that violates a provision of this code, or to fail to comply with any of the requirements of this code or any ordinance adopted by the city. Unless specifically stated to the contrary in this code or in an ordinance adopted by the city, advertising an activity that violates a provision of this code, or a violation of any of the provisions or requirements of this code or of any ordinance adopted by the city shall constitute an infraction; provided, however, any such violation constituting an infraction may, in the discretion of the attorney having prosecutorial functions, be charged and prosecuted as a misdemeanor.
B. Any person convicted of a misdemeanor under the provisions of this code or of any ordinance adopted by the city, unless provision is otherwise made, shall be punishable by a fine of not more than $1,000, by imprisonment in the county jail for a period of not more than six months or by both fine and imprisonment. Any person convicted of an infraction under the provisions of this code or any ordinance adopted by the city, unless provision is otherwise made, shall be punishable by fine only as follows:
1. A fine not exceeding $100.00 for a first violation;
2. A fine not exceeding $200.00 for a second violation of the same ordinance within one year;
3. A fine not exceeding $500.00 for the third or any additional violation of the same ordinance within one year.
C. Each person who violates any provision or fails to comply with any of the requirements of this code or any ordinance adopted by the city shall be charged by a separate offense for each and every day during any portion of which any violation is committed, continued or permitted by any such person and shall, upon conviction, be punished accordingly.
D. In addition to the penalties provided in this section, any condition caused or permitted to exist in violation of any of the provisions of this code or any ordinance adopted by the city shall be deemed a public nuisance and may be, by the city, summarily abated as such, and each day that such condition continues shall be regarded as a new and separate offense.
E. Pursuant to Government Code Sections 36900 and 36901, the city council, in the alternative to subsections A, B, C and D of this section, may redress a violation of any state or local ordinance by civil action. Civil action by the city council may include the following, in addition to any other civil remedy allowed under the laws of the state of California and the United States: forfeiture of any or all permits, licenses, approvals and privileges or benefits of any nature granted by the city.
F. “Person,” as referred to in this section, includes individuals, corporations, partnerships and organizations of any kind.
G. Administrative Citation. Upon a finding by the city official vested with the authority to enforce the various provisions of this code that a violation exists, he or she may issue an administrative citation under the provisions of Chapter 1.18 SBMC. (Ord. 321 § 1, 2003; Ord. 283 § 1, 2002; Ord. 84 § 1, 1989; Ord. 31 § 1, 1987; 1987 Code § 1.08.010)
1.16.020 Enforcement.
For the purpose of enforcing the provisions of this code or any ordinance adopted by the city, the following public officials are designated as and given the powers of arresting officers pursuant to the provisions of Penal Code Section 836.5, including the power to issue citations:
A. The fire chief, deputy fire chief, division chief and fire marshal with respect to any and all provisions of this code and city ordinances relating to fire suppression, fire prevention, hazardous materials, or emergencies;
B. City code enforcement officers;
C. The director of marine safety and city lifeguards with regard to the enforcement of the provisions of this code and ordinances applicable to city parks and beaches. (Ord. 84 § 2, 1989; 1987 Code § 1.08.020)
1.16.030 Recovery of criminal justice administration fees.
A. Declaration of Purpose. Pursuant to Government Code Section 29550, the county of San Diego has enacted an ordinance imposing criminal justice fees on the city of Solana Beach and other cities within the county. Government Code Section 29550.1 authorizes a city to recover any criminal justice administration fees imposed by a county on a city. The city of Solana Beach, along with other cities in the county of San Diego, dispute the amount of the criminal justice administration fee imposed by the county of San Diego and have protested and refused to pay the fee pursuant to Government Code Section 907. The city council desires to recover the cost of complying with the county ordinance from criminal violators whose arrests result in the requirement for payment by the city of the criminal justice administration fee. The city council also desires to establish a method for collecting charges from criminal violators during the pendency of the dispute between the city and the county. The amount of the criminal justice administration charge imposed by county ordinance as of the date of the ordinance adopting this section is $154.00.
B. Recovery of Criminal Justice Administration Fee.
1. Pursuant to Government Code Section 29550.1 the city manager or the manager’s designated representative shall seek recovery of all criminal justice administration fees imposed by the county of San Diego under the authority of Government Code Section 29550 from any person arrested by officers of the city of Solana Beach, or by San Diego County sheriff deputies pursuant to contract with the city of Solana Beach, and convicted of any criminal offense related to the arrest.
2. Every person convicted of a criminal offense related to an arrest by an officer of the city of Solana Beach, or by San Diego County sheriff deputies pursuant to contract with the city of Solana Beach, for which a criminal justice administration fee was imposed by the county of San Diego shall reimburse the city of Solana Beach for the fee.
3. The courts of San Diego County are hereby requested, at the time of entering a judgment of conviction, to order the convicted person to reimburse the city of Solana Beach for the criminal justice administration fee. Execution may be issued on the order in the same manner as judgment in a civil action.
4. The courts of San Diego County are hereby requested, as a condition of probation, to order the convicted person to reimburse the city of Solana Beach for the criminal justice administration fee.
5. Until such time as the current dispute between the city of Solana Beach and the county of San Diego regarding the amount of the criminal justice administration fee is resolved, the courts of San Diego County are requested to order that all criminal justice administration fees ordered for reimbursement to the city be paid into a trust account administered by the county, the court administrator, or the county auditor, to be held for the benefit of the city. At such time as the current dispute is resolved, the city may recover reimbursements from the trust fund together with interest accrued thereon. (Ord. 182 § 1, 1993)