HomeMy WebLinkAboutNS-1245ORDINANCE NO. NS-1245
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA AMENDING SECTION 36-27
OF THE SANTA ANA MUNICIPAL CODE RELATING
TO THE PENALTY FOR PARKING VIOLATIONS.
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN
AS FOLLOWS:
Section 1: That Section 36-27 of the Santa Aha Municipal
Code is amended to read. as follows:
Sec. 36-27. violations; penalty; appearance; bail.
(a) It shall be the duty of each police officer to take
the number of any vehicle or thing parked, placed, ranked, stored,
or left in violation of any of the provisions of this article;
the state vehicle license of such vehicle; the time and date of
such overparking; and the make of such vehicle; and to issue, in
writing, a citation for said violation in the same form and sub-
ject to the same procedure provided f~r by the ordinances of the
city and the laws of the state applicable to the traffic violation
within the city.
(b) Any operator or owner of a vehicle to whom a citation
has been issued for any violation of any of the provisions of
this chapter, except as otherwise provided in this chapter, may,
on or before the appearance date set out on such citation pay to
the court as bail, as a penalty for, and in full satisfaction of
such violation, the sum of bail indicated on the citation. Said
payment may be made in person or by mailing the same to the Clerk
of the Municipal Court, Orange County, within said period. Other-
wise, the person may appear for arraignment on the date set forth
in the citation. Any owner or operator violating any of the pro-
visions of this chapter shall be deemed guilty of an infraction
and upon conviction thereof shall be punished by a fine of not
exceeding fifty dollars ($50.00) and for a second conviction with-
in a per~od of one year, by a fine of not exceeding one hundred
dollars ($100.00), and for a third or any subsequent conviction
within a period of one year, by a fine of not exceeding two hun-
dred fifty dollars ($250.00).
(c) Any operator or owner of a vehicle to whom a citation
has been issued for any violation of any of the provisions of
this chapter for which no provision for the posting of bail in
full satisfaction of which violation has been made in subsection
(b) of this section, may, prior to the appearance date set out on
such citation, deposit with the magistrate of said municipal court,
such bail as the magistrate shall fix as reasonably sufficient.
Thereafter, at the time when the case is called for arraignment
before the magistrate, if the defendant shall not appear, either
in person or by counsel, the magistrate may declare the bail for-
feited and in his discretion, order that no further proceedings
shall be had in such case. Ail proceedings and things not express-
ly provided for in this subsection (3) shall be done in accordance
with the provisions of sections 40500, 40501 and 40502 of the
state vehicle code as the same now exists or may hereafter be
amended
ORDINANCE NO. NS-1245
PAGE TWO
SECTION 2: If any section, subsection, sentence, clause
phrase or portion of this ordinance is for any reason held to be
invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the valid-
ity of the remaining portions of this ordinance. The City Council
of the City of Santa Ana hereby declares that it would have adopted
this ordinance and each section, subsection, sentence, clause,
phraee or portion thereof irrespective of the fact that any one or
more sections, subsections, clauses, phrases or portions be declared
invalid or unconstitutional.
SECTION 3: Neither the adoption of this ordinance nor
the repeal hereby of any ordinance shall in any manner affect
the prosecution for violation of ordinances, which violations
were committed prior to the effective date hereof, nor be
construed as affecting any of the provisions of such ordi-
nances relating to the collection of any such license or
penalty or the penal provisions applicable to any violation
thereof, nor to affect the validity of any bond or case de-
posit in lieu thereof, required to be posted, filed or depo-
sited pursuant to any ordinance, and all rights and obliga-
tions thereunder appertaining shall continue in full force
and effect.
SECTION 4: The Clerk of the Council shall certify to the
passage of this ordinance and cause the same to be published
in some daily newspaper printed and published in the City of
Santa Ana.
SECTION 5: This Ordinance shall take effect thirty (30)
days from and after the date of its adoption.
PASSED AND ADOPTED by the City Council of the City of
Santa Ana at its regular meeting held on the
6th day of January , rgT~..
ATTEST: ~~
MAYOR
CLERK OF THE COUNCIL
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SANTA ANA )
I, FLORENCE I. MALONE, do hereby certify that I am the
Clerk of the Council of the City of Santa Aha; that the fore-
going Ordinance was introduced to said Council at its
regular meeting held on the 16th day of December
1974, and was again considered by said Council at its
regular meeting held on the 6th day of January ,
1975, and was at said meeting passed and adopted by the following
vote, to wit:
AYES, COUNCILMEN:
NOES, COUNCILMEN:
Griset, Ward, Markel, Bricken,
Yamamoto, Garthe
Evans
ABSENT, COUNCILMEN: None
ORDINANCE NO. NS-1245
PAGE THREE
CLERK OF THE COUNCIL
APPROVED AS TO FORM: