RPVCCA_SR_2010_03_30_1B_Bail_ScheduleCITY OF
MEMORANDUM
RANCHO PALOS VERDES
TO:
FROM:
DATE:
HONORABLE MAYOR AND CITY COUNCIL MEMBERS
TOM ODOM,INTERIM DIRECTOR OF RECREATION AND
PARKS DEPARTMENT,AND CAROL W.LYNCH,CITY
ATTORNEY
MARCH 30,2010
SUBJECT:BAIL SCHEDULE FOR VIOLATIONS OFCHAPTER 12.16
OF THE MUNICIPAL CODE
REVIEWED:CAROLYN LEHR,CITY MANAGER
RECOMMENDATION
ADOPT RESOLUTION NO.2010-_,A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES ESTABLISHING A BAIL SCHEDULE FOR
CERTAIN OFFENSES.
BACKGROUND
Now that the initial public education period has passed,and the public is aware of the
Park Rangers and the operating requirements of the Nature Preserve,the Park Rangers
have been issuing citations to offenders.The provisions of the Municipal Code
pursuant to which the citations have been issued are set forth in Chapter 12.16 of the
Municipal Code,entitled Streets,Parks and Recreational Facilities.The Superior Court
has requested that the City provide a bail schedule to the Court so that the judges will
know what bail amounts have been established by the City for these violations of the
Municipal Code.
DISCUSSION
Two of the violations of the Municipal Code relating to Aircraft,including paragliders,
and Fires in unpermitted locations,are serious violations and,in Staff's view,should be
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cited as misdemeanors.Under the Municipal Code,the maximum fine for a
misdemeanor is $1000 or imprisonment in County Jail for up to six months,or both.
The remaining violations are being cited as infractions.Attached to this report is a bail
schedule for each infraction.The suggested bail amounts for each of these offenses is
$50.00 for a first offense,$100 for the second offense within one year,and $200.00 for
the third offense within one year,except for a violation of Section 12.16 ..130,regarding
reckless use of trails within the Preserve,which the City Council previously established
at the statutory maximum limits of $100.00 for the first offense;$200 for the second
offense within one year,and $500 for the third offense within a year.The City Council
can adjust these bail amounts to any amount that is less than the statutory limits.
RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution,which will
implement that bail schedule that is attached thereto.
Attachments:
1213664-2
Resolution
Proposed Bail Schedule
1B-2
RESOLUTION NO.2010-_
RESOLUTION OF THE COUNCIL OF THE CITY OF RANCHO
PALOS VERDES APPROVING A MUNICIPAL BAIL
SCHEDULE.
THE COUNCIL OF THE CITY OF RANCHO PALOS VERDES
HEREBY FINDS AND RESOLVES:
Section 1.The City Council approves the Rancho Palos Verdes General
Municipal Bail Schedule attached hereto as Attachment "A".This Bail Schedule sets
forth the dollar amount of the fine to be paid by a person issued a citation or a notice
to appear for violating Chapter 12.16 of the Rancho Palos Verdes Municipal Code.
Section 2.The General Bail Schedule includes separate columns which
indicate the bail amount for a first,a second and a third offense of the Rancho Palos
Verdes Municipal Code.
Section 3.The City Council hereby requests that the Judges of the Superior
Court for the Southwest Judicial District of the County of Los Angeles approve the
attached General Municipal Bail Schedule attached hereto and incorporated herein
by this reference.
Section 4.The City Clerk shall certify to the adoption of this resolution and
shall cause this resolution and her certification to be entered in the Book of
Resolutions of the Council of this City.
PASSED,APPROVED and ADOPTED this 30th day of March,2010.
Mayor
Attest:
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )SS
CITY OF RANCHO PALOS VERDES )
I,Carla Morreale,City Clerk of the City of Rancho Palos Verdes,do hereby
certify that the foregoing Resolution was duly adopted at a regIJlar meeting of the City
Council held on the March 20,2010.
City Clerk
R6876-0001\1217854vl.doc 1B-3
CITY OF RANCHO PALOS VERDES GENERAL BAIL SCHEDULE
REGARDING VIOLATIONS OF CHAPTER 12.16 OF THE RANCHO PALOS
VERDES MUNICIPAL CODE
The Rancho Palos Verdes Municipal Code Section 1.08 provides that any
violation of the Rancho Palos Verdes Municipal Code ("Code")may be prosecuted as a
misdemeanor,as an infraction or as a civil administrative action.Pursuant to California
Government Code Section 36900(b),every violation ofthe Code determined to be a
misdemeanor is punishable by a fine of not more than One Thousand ($1,000.00)Dollars,
or by imprisonment for a period of not more than six (6)months,or by both such fine and
imprisonment.Further,every violation of the Code determined to be an infraction is
punishable by:(1)a fine not exceeding One Hundred dollars ($100)for a first violation;
(2)a fine not exceeding Two Hundred dollars ($200)for a second violation of the same
Code provision within one year;(3)a fine not exceeding Five Hundred dollars ($500)for
each additional violation of the same Code provision within one year.The City officer
who issues the citation shall indicate the Code section or provision that was violated.For
repeated offenses of the same Code section or provision within one calendar year,the
officer will indicate the repeated offense by adding the number of repeated offenses in
parentheses after the Code Section number.
Note:Unless otherwise provided by City Council,bail for any violation of the Code
for which no provision is made in this schedule shall be in the amount of One
Hundred ($100.00)Dollars for a first violation;Two Hundred ($200.00)for a second
violation of the same code provision within a twelve month period;and Five
Hundred ($500.00)Dollars for each additional violation of the same code provision
within a twelve month period.
MISDEMEANORS
12.16.045
12.16.070
Aircraft
Fires
INFRACTIONS
Protection of flora,fauna and
ublic buildin s and structures
12.16.020 Motorized vehicles
1217849.2
$50.00 $100.00 $200.00
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12.16.030 Hours of operation $50.00 $100.00 $200.00
12.16.040 Motorized or radio-controlled $50.00 $100.00 $200.00
models
12.16.050 Do sand ets $50.00 $100.00 $200.00
12.16.060 Litterin $50.00 $100.00 $200.00
12.16.080 Use of city parks,nature $50.00 $100.00 $200.00
preserves and recreational
facilities
12.16.090 Closed areas $50.00 $100.00 $200.00
12.16.100 Nudit $50.00 $100.00 $200.00
12.16.110 Huntin rohibited $50.00 $100.00 $200.00
12.16.120 Skateboards,roller skates,inline $50.00 $100.00 $200.00
skates,scooters and similar
wheeled devices prohibited on
ublic ro ert
12.16.130 Reckless use of trails within the $100.00 $200.00 $500.00
Palos Verdes nature preserve
prohibited
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