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TO: Honorable Mayor and Members of the City Council
FROM: Timothy Campen, Assistant City Attorney
SUBJECT: Consideration and possible action to adopt Resolution No. 24-14 – A Resolution adopting the Bellflower Bail Schedule and requesting the presiding judge of the Los Angeles Superior Court approve the Bail Schedule for misdemeanor and infraction violations of the Bellflower Municipal Code.
DATE: March 11, 2024
RECOMMENDATION TO CITY COUNCIL
1) Consider adopting Resolution No. 24-14, a Resolution establishing a revised and updated Bail Schedule for misdemeanor and infraction violations of the Bellflower Municipal Code, and requesting the presiding judge of the Los Angeles County Superior Court approve the Bail Schedule for misdemeanor and infraction violations of the Bellflower Municipal Code (“BMC”); or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
Adopting the Resolution and submitting the Bail Schedule to the Superior Court itself will have a nominal fiscal impact. Costs associated with criminal prosecution of violations by the City Attorney’s Office, which is expected to include filing criminal complaints, staffing calendar court appearances an estimated one full day per month, and occasional criminal trials, will depend on the volume of cases pursued and is difficult to establish at this time.
ENVIRONMENTAL REVIEW
Adoption of this Resolution is exempt from the California Environmental Quality Act (“CEQA”) under CEQA Guidelines § 15601(b)(3) because it can be seen with certainty that there is no possibility that the Resolution may have a significant effect on the environment.
DISCUSSION
A Bail Schedule establishes the amount a person booked into jail must post for release as security to ensure their appearance at a future court date. Additionally, a bail schedule is the mechanism by which the Superior Court enters particular BMC sections into its computer system for processing criminal complaints. Only those sections submitted through the Bail Schedule will be accepted by the Court for criminal prosecution.
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Staff Report – Amending the Bail Schedule
March 11, 2024
DISCUSSION – Continued
Every violation of the BMC listed in the Bail Schedule may be prosecuted as a misdemeanor that is subject to a maximum penalty of $1000 fine, six months in jail, or both (BMC § 1.08.010). This reflects California law (Government Code § 36900 and Penal code § 802).
In December 2020, Los Angeles County District Attorney George Gascon (“DA”) announced he would no longer prosecute a range of “low level” misdemeanor offenses.
This includes quality-of-life crimes, such as trespass, disturbing the peace, criminal threats, resisting arrest, unlawful loitering, unauthorized camping, and public intoxication.
The DA’s non-prosecution directives also apply to any violations “falling within the spirit” of this policy, which necessarily includes violations of the BMC. This has had a demonstrable adverse impact on the ability of the Bellflower Public Safety Department, the City Attorney’s Office, and the Los Angeles County Sheriff’s Department to protect and serve the residents of this City, particularly regarding quality-of-life concerns.
To address the DA’s policy, the Public Safety Department and the City Attorney seek to criminally enforce violations of the Bellflower Municipal Code (“BMC”), when appropriate, to effect compliance with the BMC. Violations will be prosecuted by the City Attorney’s office in coordination with enforcement efforts by the Public Safety Department and the Sheriff’s Department.
The City last repealed and replaced its Bail Schedule in 2005 through Resolution No. 05-15. This revised Bail Schedule incorporates changes to the BMC since 2005 and facilitates misdemeanor prosecution of violations that were not previously available.
The Bail Schedule will also provide the Superior Court with a guide for imposing fine amounts when a violator is found guilty. For infraction violations, the BMC establishes a default fine schedule of $100/$200/$500 for the first and subsequent offenses. $500 is the default bail amount for misdemeanor municipal code violations throughout the County, which is also used in this Bail Schedule. Fine amounts for both infractions and misdemeanors are represented in the Bail Schedule as “$100, $200, $500, $500.” The court can still impose fines up to $1,000 per misdemeanor violation.
ATTACHMENT
Resolution No. 24-14 ....................................................................................................... 3 -2-
CITY OF BELLFLOWER
RESOLUTION NO. 24-14
A RESOLUTION ADOPTING THE BELLFLOWER BAIL
SCHEDULE AND REQUESTING THE PRESIDING JUDGE OF
THE LOS ANGELES SUPERIOR COURT APPROVE THE BAIL
SCHEDULE FOR MISDEMEANOR AND INFRACTION
VIOLATIONS OF THE BELLFLOWER MUNICIPAL CODE
THE CITY COUNCIL RESOLVES AS FOLLOWS:
SECTION 1. Recitals. The City Council finds and declares as follows:
A. The City may establish fines for infraction and misdemeanor violations of the Bellflower Municipal Code (“BMC”). Bail for such violations must be approved by the Superior Court;
B. Adopting this Bail Schedule will facilitate the criminal prosecution of violations of the BMC. Submission of this Bail Schedule to the Los Angeles County Superior Court is required for the Court to accept and process criminal complaints containing violations of the BMC;
C. The City Council desires to adopt this Bail Schedule and thereby enable criminal prosecution of listed offenses in accordance with the BMC.
SECTION 2. The City Council adopts the Bellflower Bail Schedule attached as Exhibit “A,” and incorporated by reference. The City Council requests that the Los Angeles County Superior Court approve the attached Bail Schedule for violations of the Bellflower Municipal Code.
SECTION 3. The City Council authorizes the City Manager to make technical changes or corrections to the Bail Schedule, in a form approved by the City Attorney, when desirable.
SECTION 4. The City Clerk is directed to present a copy of this Resolution to the Presiding Judge of the Los Angeles County Superior Court with a copy to the Chair of the Los Angeles County Court Bail Committee.
SECTION 5. Construction. This Resolution must be broadly construed to achieve the purposes stated in this Resolution. It is the City Council’s intent that the provisions of this Resolution be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Resolution.
SECTION 6. Severability. If any part of this Resolution or its Application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Resolution are severable.
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City of Bellflower
Resolution No. 24-14
SECTION 7. Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
SECTION 8. The City Clerk is directed to certify the adoption of this Resolution.
This Resolution supersedes all previous resolutions regarding the same subject-matter.
SECTION 9. The Mayor, or presiding officer, is authorized to affix its signature to this Resolution signifying its adoption by the City Council of the City of Bellflower, and the City Clerk, or duly appointed deputy, is directed to attest.
SECTION 10. Effective Date. This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded.
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER THIS 11TH DAY OF MARCH 2024.
________________________________
Dan Koops, Mayor
ATTEST:
________________________________
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
KARL H. BERGER, CITY ATTORNEY
By: ______________________________________
Timothy E. Campen, Assistant City Attorney
ATTACHMENT:
Exhibit A – Bellflower Bail Schedule
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RESOLUTION NO. 24-14 – EXHIBIT A
CITY OF BELLFLOWER
BAIL SCHEDULE
UNLESS SPECIFICALLY STATED OTHERWISE WITHIN THE BELLFLOWER MUNICIPAL CODE ("BMC") ALL VIOLATIONS OF THE MUNICIPAL CODE ARE MISDEMEANORS.
BMC 1.08.010. THE CITY ATTORNEY IS THE ONLY OFFICIAL AUTHORIZED TO FILE MISDEMEANOR CHARGES FOR VIOLATIONS OF THE BMC. BMC 1.08.080. THE CITY
ATTORNEY MAY, IN THE INTERESTS OF JUSTICE, REDUCE MISDEMEANOR CHARGES TO INFRACTIONS. BMC 1.08.080.
THE RELEVANT CODE SECTIONS ARE ATTACHED AT THE END OF THIS BAIL SCHEDULE.
SECTION CLASS TITLE BAIL AMOUNT
1.14.040 I/M Unruly gathering $100, $200, $500, $500
5.04.050(A) I/M Business license requirement $100, $200, $500, $500
5.12.030(D) I/M Permit required for sales from motor vehicle $100, $200, $500, $500
5.12.030(E) I/M Health permit required for sales from motor vehicle
$100, $200, $500, $500
5.28.030 I/M Valid permit required $100, $200, $500, $500
5.28.050(B) I/M Clearance less than four feet $100, $200, $500, $500
5.28.050(C) I/M Trash receptable or recycling container required
$100, $200, $500, $500
5.28.050(D) I/M Maintain surrounding area free of trash $100, $200, $500, $500
5.28.050(E) I/M Permits must be displayed $100, $200, $500, $500
5.28.050(F) I/M Unauthorized cart on public right-of-way $100, $200, $500, $500
5.28.050(G) I/M Merchandise in public right-of-way $100, $200, $500, $500
5.28.050(H) I/M Junk food within 500 feet of school $100, $200, $500, $500
5.28.050(I) I/M Operating within 500 feet of specified events $100, $200, $500, $500
5.28.050(J) I/M Vendor offering services or illegal
merchandise
$200, $500, $500
5.28.050(K) I/M Stationary vendor in residential zone $100, $200, $500, $500
5.28.050(L) I/M Unauthorized vending at public park $100, $200, $500, $500
5.28.050(M) I/M Operating more than 200 feet from toilet and handwashing facility
$100, $200, $500, $500
5.28.050(N) I/M Vending tricycles, icicle trikes, bicycle vending carts in public park
$100, $200, $500, $500
5.28.050(O)(1) I/M Vending within 15ft of intersection $100, $200, $500, $500
5.28.050(O)(2) I/M Vending within 20 ft of driveway $100, $200, $500, $500
5.28.050(O)(3) I/M Vending within 5ft of alleyway $100, $200, $500, $500
5.28.050(O)(4) I/M Vending within 5ft of fire hydrant, fire call box or other emergency facility
$100, $200, $500, $500
5.28.050(O)(5) I/M Vending within marked bus zone $100, $200, $500, $500
5.28.050(O)(6) I/M Vending within 18 inches from the edge of the curb
$100, $200, $500, $500
5.28.050(O)(7) I/M Impeding pedestrian flow or access to property
$100, $200, $500, $500
5.28.050(O)(8) I/M Vending within 25 feet of the entrance or exit to any building
$100, $200, $500, $500
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City of Bellflower
Resolution No. 24-14 – Exhibit A
5.36.010(A) I/M Unpermitted entertainment and food or
beverage sales, or entertainment services
$100, $200, $500, $500
5.36.010(B) I/M Unpermitted commercial entertainment $100, $200, $500, $500
5.36.010(C) I/M Entertainment at unpermitted location $100, $200, $500, $500
5.76.020(A) I/M Unpermitted touching by massage
technician
$100, $200, $500, $500
5.76.020(B) I/M Unpermitted clothing of massage technician $100, $200, $500, $500
5.76.030 I/M Permit required for massage establishment $100, $200, $500, $500
6.04.180 I/M Counterfeit tag $100, $200, $500, $500
6.04.250 I/M Dog running at large $100, $200, $500, $500
6.04.270(A) I/M Running at large –other animals $100, $200, $500, $500
6.04.270(C) I/M Unpermitted tying, staking, or pasturing of other animal
$100, $200, $500, $500
6.04.270(D) I/M Unpermitted storage of animal at night $100, $200, $500, $500
6.04.270(E) I/M Animal abuse $100, $200, $500, $500
6.04.290(A) I/M Running at large - prohibited animals $100, $200, $500, $500
6.04.510 I/M Sanitary maintenance of animals $100, $200, $500, $500
6.04.590 I/M Slaughter of animals $100, $200, $500, $500
8.16.010(A) I/M Selling fireworks outside designated times $2,000, $4,000, $4,000
8.16.010(B) I/M Fire, set off, discharge, or use fireworks $2,000, $4,000, $4,000
8.16.010(C) I/M Unpermitted possession and storage of
fireworks
$2,000, $4,000, $4,000
8.16.010(D) I/M Discharge of unpermitted fireworks $2,000, $4,000, $4,000
8.16.010(F) I/M Use of firework in manner likely to cause injury
$2,000, $4,000, $4,000
8.16.010(G) I/M Permitting child under 16 to possess
fireworks
$2,000, $4,000, $4,000
8.16.010(H) I/M Transfer fireworks to child under 16 $2,000, $4,000, $4,000
8.18.070 I/M Prohibition on removing or possessing
shopping carts off premises
$100, $200, $500, $500
8.18.080 I/M Abandonment of shopping cart $100, $200, $500, $500
8.20.010(A) I/M Dumping on public property likely to cause injury
$100, $200, $500, $500
8.20.010(B) I/M Dumping offensive matter on public property $100, $200, $500, $500
8.20.010(C) I/M Dumping dirt or rocks on public property $100, $200, $500, $500
8.20.010(D) I/M Dumping on private property $100, $200, $500, $500
8.32.010(A) I/M Unpermitted noise $100, $200, $500, $500
8.36.030(A)(1) I/M Surface water drainage nuisance $100, $200, $500, $500
8.36.030(A)(2) I/M Partial construction or destruction of structure for unreasonable time
$100, $200, $500, $500
8.36.030(A)(3) I/M Abandoned building or structure $100, $200, $500, $500
8.36.030(A)(4) I/M Abandoned personal property $100, $200, $500, $500
8.36.030(A)(5) I/M Defective or unsightly interior of buildings $100, $200, $500, $500 -6-
City of Bellflower
Resolution No. 24-14 – Exhibit A
8.36.030(A)(6) I/M Defective or unsightly exterior of buildings $100, $200, $500, $500
8.36.030(A)(7) I/M Clothes lines in front yard $100, $200, $500, $500
8.36.030(A)(8) I/M Obstruction of structure $100, $200, $500, $500
8.36.030(A)(9) I/M Damaged, dilapidated, or missing windows, doors, vents, or screens
$100, $200, $500, $500
8.36.030(A)(10) I/M Boarded up windows or doors $100, $200, $500, $500
8.36.030(A)(11) I/M Overgrown vegetation $100, $200, $500, $500
8.36.030(A)(12) I/M Dead, decayed, diseased or hazardous flora $100, $200, $500, $500
8.36.030(A)(13) I/M Attractive nuisance $100, $200, $500, $500
8.36.030(A)(14) I/M Storage of junk $100, $200, $500, $500
8.36.030(A)(15) I/M Unpermitted storage of garbage cans $100, $200, $500, $500
8.36.030(A)(16) I/M Accumulating combustible material $100, $200, $500, $500
8.36.030(A)(17) I/M Vehicle exceeds permissible weight $100, $200, $500, $500
8.36.030(A)(18) I/M Abandoned, dismantled, inoperable boats and motor vehicles
$100, $200, $500, $500
8.36.030(A)(19) I/M Storage of trailers, campers, or boats $100, $200, $500, $500
8.36.030(A)(20) I/M Unpermitted storage of construction machinery, equipment, or vehicle
$100, $200, $500, $500
8.36.030(A)(21) I/M Signs for discontinued business or in disrepair
$100, $200, $500, $500
8.36.030(A)(22) I/M Abandoned structures constructed for specific use
$100, $200, $500, $500
8.36.030(A)(23) I/M Personal property or structure encroaching onto public property
$100, $200, $500, $500
8.36.030(A)(24) I/M Causing, maintaining or permitting graffiti $100, $200, $500, $500
8.36.030(A)(25) I/M Storage of hazardous materials $100, $200, $500, $500
8.36.030(A)(26) I/M Inadequate weather protection on structure $100, $200, $500, $500
8.36.030(A)(27) I/M Unpermitted discharge entering sewer system
$100, $200, $500, $500
8.36.030(A)(28) I/M Unpermitted tarp covering hillside $100, $200, $500, $500
8.36.030(A)(29) I/M Unpermitted tarp covering structure $100, $200, $500, $500
8.36.030(A)(30) I/M Unsanitary, polluted standing water $100, $200, $500, $500
8.36.030(A)(31) I/M Failure to maintain property $100, $200, $500, $500
8.36.030(A)(32) I/M Inadequate landscaping $100, $200, $500, $500
8.36.030(A)(33) I/M Maintaining condition constituting a blight or public nuisance
$100, $200, $500, $500
8.36.030(B) I/M Violation of Uniform Housing Code $100, $200, $500, $500
8.36.030(C) I/M Substandard structure per H&S 17920.3 $100, $200, $500, $500
8.36.030(D)(1) I/M Use of building or structure for possession or use of controlled substances
$100, $200, $500, $500
8.36.030(D)(2) I/M Use of building or structure for prostitution $100, $200, $500, $500
8.36.030(D)(3) I/M Use of building or structure for gambling $100, $200, $500, $500
8.36.030(E) I/M Maintaining general public nuisance per Civil Code section 3479 or 3480
$100, $200, $500, $500
8.36.030(F) I/M Building or use without license or violation of State law
$100, $200, $500, $500
8.48.050 I/M Unlicensed cannabis facility $100, $200, $500, $500
8.48.090 I/M Failure to abate unlicensed cannabis facility $100, $200, $500, $500
8.50.040(A) I/M Unpermitted use of house car $100, $200, $500, $500 -7-
City of Bellflower
Resolution No. 24-14 – Exhibit A
8.50.040(B) I/M Camping on public property $100, $200, $500, $500
8.50.040(C) I/M Interference with pedestrian or vehicle traffic on public property
$100, $200, $500, $500
8.50.040(D) I/M Disrobe or personally grooming in City
restroom
$100, $200, $500, $500
9.04.020(A) I/M Store personal property in park $100, $200, $500, $500
9.04.020(B) I/M Store personal property in street $100, $200, $500, $500
9.04.020(C) I/M Store personal property in public parking lot or public area
$100, $200, $500, $500
9.04.030(A) I/M Urinate or defecate upon public property $100, $200, $500, $500
9.04.030(B) I/M Urinate or defecate on private property $100, $200, $500, $500
9.04.070 I/M Lookout for illegal acts $100, $200, $500, $500
9.04.090 I/M Unlocking of door or gate by unauthorized
person
$100, $200, $500, $500
9.04.110(A) I/M Unauthorized possession of catalytic
converter
$500, $500, $1,000,
$1,500
9.04.110(B) I/M Falsified documents to possess catalytic converter
$500, $500, $1,000,
$1,500
9.08.010(A) M Possession of opened alcohol on public
grounds
$500
9.08.010(B) M Possession of opened alcohol on public path $500
9.16.020(A) I/M Engaging in drug-related activities in public $100, $200, $500, $500
9.16.030 I/M Obstructing entrances to places of public
assembly
$100, $200, $500, $500
9.24.020 I/M Sell, serve, or store controlled substances $100, $200, $500, $500
9.32.020(A) M Discharge, fire, or shoot paintball marker $500
9.32.020(B) M Brandish paintball marker in a menacing
manner
$500
9.32.020(C) M Transport paintball marker in vehicle $500
9.32.020(D) M Carry loaded paintball marker on any public property
$500
9.32.020(E) M Use of unauthorized paintball marker $500
9.32.020(F) M Use of unauthorized paintball ammunition $500
9.44.040(A) I/M Solicit in aggressive manner $100, $200, $500, $500
9.44.040(B) I/M Solicit within 15ft of any public restroom $100, $200, $500, $500
9.44.040(C) I/M Soliciting person operating vehicle $100, $200, $500, $500
9.44.040(D) I/M Soliciting in public transportation vehicle $100, $200, $500, $500
9.44.050(A) I/M Solicit near bank $100, $200, $500, $500
9.44.050(B) I/M Solicit near ATM $100, $200, $500, $500
9.44.060 I/M Soliciting after dark $100, $200, $500, $500
10.12.040 I/M Unpermitted parking in public parking lot $100, $200, $500, $500
10.12.060 I/M Unpermitted parking or stopping in alley $100, $200, $500, $500
10.12.070 I/M Unpermitted parking of recreational vehicle $100, $200, $500, $500 -8-
City of Bellflower
Resolution No. 24-14 – Exhibit A
10.30.030 I/M Spectator of unlawful street race $500, $1,000, $1,500, $1,500
12.28.040 I/M Use of skateboard, roller skates, or bicycle on sidewalk
$100, $200, $500, $500
12.40.010(A) I/M Unlawfully within park $100, $200, $500, $500
12.40.030 I/M Overnight camping in public park $100, $200, $500, $500
12.40.040(B) I/M Human-powered vehicle in public park $100, $200, $500, $500
12.40.040(C) I/M Skateboard, roller skates in public park $100, $200, $500, $500
12.42.040 I/M Unpermitted event in public park $100, $200, $500, $500
12.42.370(A) I/M Physically obstruct, impede, or otherwise interfere with event
$100, $200, $500, $500
12.43.370(B) I/M Unpermitted parking along or within event $100, $200, $500, $500
12.44.020 I/M Equestrian use on trail $100, $200, $500, $500
12.44.030(A) I/M Motorized vehicles on trail $100, $200, $500, $500
12.44.080 I/M Use of fireworks on trail $100, $200, $500, $500
12.44.090 I/M Use of cooking devices or campfire $100, $200, $500, $500
12.44.100 I/M Disturbing peace of others on trail $100, $200, $500, $500
12.44.110 I/M Blocking trail $100, $200, $500, $500
13.20.050(A) I/M Allowing illicit discharge $100, $200, $500, $500
13.20.060 I/M Illegal disposal and dumping $100, $200, $500, $500
13.20.070(A) I/M Maintain or use connection of illicit
discharge
$100, $200, $500, $500
13.20.100(A) I/M Operating without NPDES permit $100, $200, $500, $500
13.24.030 I/M Collect, carry, or transport solid waste and/or recyclable material
$250, $500, $750
14.08.010 M Unpermitted cannabis-related activity $500
14.12.010 M Outdoor cannabis cultivation $500
14.12.030(A) M Cannabis cultivation without permit $500
14.12.030(B) M Cannabis cultivation visible from exterior $500
14.12.030(D) M Drive-thru cannabis facility $500
14.12.030(H) M Audible or olfactory evidence of cannabis cultivation
$500
14.12.030(K) M Person under 21 at cannabis cultivation
facility
$500
14.12.030(N) M Employment of person under 21 at cannabis cultivation facility
$500
14.12.030(U) M Maintaining increased ambient carbon
dioxide
$500
14.12.030(V) M Valid business license required $500
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City of Bellflower
Resolution No. 24-14 – Exhibit A
14.16.020(D) M Alcohol or tobacco sold at cannabis
dispensary
$500
14.16.020(E) M Cannabis products publicly visible from
exterior
$500
14.16.020(H) M Person under 21 within a dispensary $500
14.16.020(I) M Person under 21 employed at a dispensary $500
14.16.020(R) M Valid license required $500
14.16.020(T) M Physician in dispensary to provide
prescription card
$500
14.20.010 M Unpermitted cannabis delivery $500
14.20.020 M Minimum age of delivery drivers $500
14.20.030 M Driver may not carry more than $200.00 $500
14.24.020(A) M Cannabis business permit and state-issued manufacturing license required
$500
14.24.020(D) M Cannabis manufacturing must ensure
health, safety, and welfare of public
$500
14.24.020(E) M Use of flammable or explosive substances $500
14.24.020(M) M Employing person under 21 $500
14.24.020(R) M Cannabis manufacturing facility open to the public
$500
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City of Bellflower
Resolution No. 24-14 – Exhibit A
Selections from the Bellflower Municipal Code
§ 1.08.010. Violations—Penalties.
A. No person, firm, corporation, or other responsible entity shall violate any provision, restriction, or requirement of this Code or any code adopted by reference herein, any ordinance of the City, any rule or regulation promulgated pursuant thereto, or any condition of any permit, license, or other entitlement issued pursuant to this Code. Any person, firm, corporation, or other responsible entity who violates any provision, restriction, or requirement of this Code or any code adopted by reference herein, any ordinance of the City, any rule or regulation promulgated pursuant thereto, or any condition of any permit, license, or other entitlement issued pursuant to this Code shall be guilty of a misdemeanor, unless:
1. Such requirement is classified as an infraction by the California Vehicle Code, this Code, or any ordinance of the City;
2. The prosecuting attorney files a complaint charging the offense as an infraction;
3. A public officer or employee designated in, or pursuant to, Section 1.08.050 of this chapter issues a citation charging the offense as an infraction; or
4. After filing of a misdemeanor complaint, the court, based solely upon motion of the People, reduces the charge to an infraction, and the defendant does not object to having the case proceed as an infraction.
B. Any person convicted of a misdemeanor under the provisions of this Code shall be punishable by a fine not to exceed $1,000.00, or by imprisonment in the City or County Jail for a period not to exceed six months or by both such fine and imprisonment.
C. Any person convicted of an infraction under the provisions of this Code shall be punishable by: (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 any consecutive 12-month period; (3) a fine not exceeding $500.00 for each additional violation of the same ordinance within any consecutive 12-month period. § 1.08.020. Violations, Nuisance.
In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this Code shall be deemed a public nuisance and may be summarily abated by the City. Each day such condition continues shall be regarded as a new and separate offense.
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City of Bellflower
Resolution No. 24-14 – Exhibit A
§ 1.08.050. Authorization to Issue Citations for Misdemeanors and Infractions.
In order to enforce certain provisions of this Code, State statutes, ordinances of the City, rules or regulations promulgated by the City and conditions of permits issued by the City, violations of which are classified as misdemeanors or infractions, the City Manager is hereby authorized to designate certain public officers and employees of the City as "special officers" with citation authority for the purpose of enforcing those particular provisions.
The authority of these special officers may be limited to specific duties and/or be of limited duration.
Those persons herein granted citation authority will be trained and qualified as required by law and be specifically designated to do so by the City Manager.
Those individuals granted citation authority pursuant to this section shall have no authority to use firearms in their activity and shall have citation authority only when on duty, during their regular hours or when on special assignment at the direction of the City Manager or authorized designee.
§ 1.08.070. Bail for Infractions.
Any person charged with or cited for an infraction under the provisions of this Code may admit his or her guilt and forfeit a bail amount in accordance with a schedule to be promulgated by a separate resolution of the City Council. In any case where a bail amount is not established by schedule, the bail amount shall be: (1) $50.00 for the first violation; (2) $100.00 for a second violation of the same Code provision, ordinance, permit condition or rule or regulation within any consecutive 12-month period; (3)
$250.00 for each additional violation of the same Code provision, ordinance, permit condition or rule or regulation within any consecutive 12-month period. A bail schedule promulgated by the City Council shall remain in effect until modified or repealed. The City Council shall regularly review the bail schedule, provided, however, that failure to undertake such review shall not be deemed to affect the validity of such bail schedule.
§ 1.08.080. Prosecutorial Duties of the City Attorney.
A. In addition to any other general functions, powers, and duties given to the City Attorney by this Code or California law, the City Attorney will:
1. Prosecute on behalf of the people all criminal and civil cases for violations of this Code; any franchises or permits issued pursuant to this Code; City ordinances; and any State misdemeanors that the City Council elects to enforce.
2. Draft complaints for such cases and prosecute all recognizances and bail bonds forfeited arising from or resulting from the commission of such offenses.
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City of Bellflower
Resolution No. 24-14 – Exhibit A
3. Prosecute all actions for the recovery of fines, penalties, forfeitures, and other money accruing to the City under this Code or otherwise.
4. Represent the City in all appeals arising as a consequence of the City Attorney's prosecutions.
B. Notwithstanding any other provision of this Code, the City Attorney is the only officer that may file misdemeanor charges in accordance with this Code. The City Attorney may, in his or her discretion, prosecute misdemeanor violations of this Code as infractions.
C. Nothing contained in this section will interfere with the authority of public safety officials to arrest persons pursuant to any applicable provision of this Code and/or the California Penal Code.
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