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HomeMy WebLinkAbout71.141 ORDINANCE NO. 71-141 AN ORDiNANCE OF THE CITY OF SARATOGA AMENDING SECTION 3-05.010 OF THE SARATOGA CITY CODE, RELATING TO MISDEMEANOR AND INFRACTION VIOLATIONS OF THE CODE The City Council of the City of Saratoga hereby ordains as follows: Section 1. Section 3-05.010 of the Code of the City of Saratoga is hereby amended to read as follows: "Section 3-05.010. ~olations as misdemeanors or infractions; public nuisances. (a.) It shall be unlawful for any person to " violate any provision or to fail to comply with any of the requirements of this Code, or any other ordinance of the City, or any rule, regulation or order promulgated or issued pursuant to this Code, or the provisions of any code adopted by reference by this Code, or any condition of an approval, permit or license granted pursuant to this Code. Any person violating any of such provisions or failing to comply with any of such requirements shall be guilty of a misdemeanor or an infraction if so specified. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation is committed, continued, or permitted by such person, and shall be punishable accordingly. (b.) Notwithstanding subsection (a) heroin or any other provision_of ~his Code, any violation constituting a misdemeanor may, in the discretion of the enforcing authority be charged and prosecuted as an infraction. (c.) Where no specific penalty is provided therefor, any person convicted of a misdemeanor under the provisions of this Code shall be punishable by a fine of not more than $1,000.00, or by imprisonment in the County Jail for a period not exceeding six months, or by both such fine and imprisonment. (d.) Any person convicted of an infraction under the provisions of this Code shall be punishable for a first conviction by a fine of not more than $100.00, for a second conviction within a period of one year by a fine of not more than $200.00, and for a third of any subsequent conviction within a period of one year by a fine of not more than $500.00. (e,) In addition to the penalties provided by this Section, any condition caused or permitted to exist in violation of any of the provisions of this Code, or any other ordinance of the City, or any rule, regulation or order promulgated or issued pursuant to this Code, or the provisions of any code adopted by reference by this Code, or in violation of any condition of an approval, permit or license granted pursuant to this Code, shall be deemed a public nuisance and may be abated by the City in a summary action pursuant to Article 3-10~ e~ civil action, and each day such condition continues shall be a new an separate offense." Section 2. This Ordinance shall be in full force and effect thirty (30) days after its passage and adoption. The above and foregoing Ordinance was regularly introduced and after the waiting time required by law, was thereafter passed and adopted at a regular ~;eti~u~ of the City Council of Saratoga held on the 20th day Y , 1994, by the following vote. AYES: Councilmembers Jacobs, Moran, Tucker, Wolfe and Mayor Burger NOES: None ABSENT: None yORU ATTES~ ~, ~ _ ._ Cit~ Cle7 August 3, 1994 273\ord\violatns. 2 The above and foregoing is a true and correct copy of Ordinance "71-1'-I'1 which has been published according to law. Deputy Citv Clerk