Ordinance 13-01[
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ORDINANCE NO. 2013-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTV ALE, CALIFORNIA,
ADOPTING AND ENACTING A NEW CODE FOR THE CODE OF THE CITY OF EASTV ALE,
CALIFORNIA; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT
INCLUDED THEREIN; PROVIDING A PENALTY FOR THE VIOLATION THEREOF;
PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN
SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EASTV ALE, CALIFORNIA:
Section I. The Code published by Municipal Code Corporation entitled the "Code of the City
ofEastvale, California," consisting of Part A entitled "General Ordinances" containing titles
1 through 23 and Part B entitled "Land Development Code" containing titles 101 through
130, each inclusive, is hereby adopted.
Section 2. All ordinances of a general and pennanent nature enacted on or before February 8,
2012, and not included in the Code or recognized and continued in force by reference therein,
are repealed.
Section 3. The repeal provided for in section 2 hereof shall not be construed to revive any
ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by
this ordinance.
Section 4. Penalties.
(a) Unless another penalty is expressly provided, every person convicted of a violation of
any provision of the Code or any ordinance, rule or regulation adopted or issued in
pursuance thereof shall be punished 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.
(b) Any conviction 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 or any
subsequent conviction within a period of one year by a fine of not more than $500.00.
(c) Any violation expressly declared to be punishable, in the discretion of the court by
either a fine, or by a fine or imprisonment, or both, shall become an infraction for all
purposes under any of the following circumstances:
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(1) Where a judgment imposes a punishment of a fine not exceeding $100.00 in
the case of a first offense;
(2) When the court grants probation to a defendant without the imposition of a
sentence and, at the time of granting probation, or on application of the
defendant or probation officer thereafter, the court declares the offense to be
an infraction; or
(3) When the city attorney or the district attorney files in a court having
jurisdiction over misdemeanor offenses a complaint specifying that the
offense is an infraction.
(d) Notwithstanding any other provision oflaw, a violation oflocal building and safety
codes detennined to be an infraction is punishable by a fine not exceeding:
(e)
(1) $100.00 for a first violation;
(2) $500.00 for a second violation of the same ordinance within one year;
(3) $1,000.00 for each additional violation of the same ordinance within one
year of the first violation.
Each act of violation and each day upon which any such violation shall continue or
occur shall constitute a separate offense. The penalty provided by this section, unless
another penalty is expressly provided, shall apply to the amendment of any Code
section, whether or not such penalty is reenacted in the amendatory ordinance. In
addition to the penalty prescribed above, the City Council may pursue other remedies
such as abatement of nuisances, injunctive relief and revocation of licenses or
permits.
Section 5. Additions or amendments to the Code when passed in such form as to indicate the
intention of the City to make the same a part of the Code shall be deemed to be incorporated
in the Code, so that reference to the Code includes the additions and amendments.
Section 6. Ordinances adopted after February 8, 2012, that amend or refer to ordinances that
have been codified in the Code shall be construed as if they amend or refer to like provisions
ofthe Code.
Section 7. This ordinance shall become effective February 22, 2013.
Passed and adopted by the City Council this 23rd day of January, 2013.
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Ike Bootsma, Mayor
AIT.EST:
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) §
CITY OF EASTV A LE )
I, Ariel Berry ASSISTANT CITY CLERK OF THE CITY OF EASTVALE, DO HEREBY
CERTIFY that th e foregoing Ordinance Number 2013-01 was duly and regularly adopted by the City
Council of the City ofEastvale at a REGULAR meeting held the 23rd day of January, 2013, by the
following called vote:
AYES: Council Members Welch, Howell, DeGrandpre, Mayor ProTem Rush and Mayor
Bootsma.
NOES : None
ABSENT: None
ABSTAIN: None
Ariel