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HomeMy WebLinkAboutOrd 696S ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY AMENDING CATHEDRAL CITY MUNICIPAL CODE CHAPTER 11.56, "JUVENILE CURFEW AND TRUANCY" WHEREAS, Cathedral City Municipal Code ( "CCMC ") Chapter 11.56 imposes criminal liability for curfew and truancy violations committed by minors; and WHEREAS, CCMC Section 11.56.040 provides that any violations of any of the provisions of CCMC Chapter 11.56 shall be deemed criminal misdemeanor violations; and WHEREAS, the City Council wishes to amend CCMC Section 11.56 to provide that violations of CCMC Chapter 11.56 shall instead be deemed criminal infraction violations. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY DOES ORDAIN AS FOLLOWS: Section 1 . Section 11.56.040, "Penalty." Municipal Code Section 11.56.040, "Penalty" is hereby amended as follows: "11.56.040 Penalty. Any person violating the provisions of this chapter shall be guilty of a is€leMeaaa€ an infraction Minors shall be dealt with in accordance with juvenile court law and procedure." Section 2 . SEVERABILITY The City Council declares that, should any provision, section, paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this ordinance as hereby adopted shall remain in full force and effect. Section 3 . REPEAL OF CONFLICTING PROVISIONS All the provisions of the Cathedral City Municipal Code as heretofore adopted by the City of Cathedral City that are in conflict with the provisions of this ordinance are hereby repealed. Section 4 . AMENDING OF BAIL SCHEDULE The City Attorney's Office is hereby directed to determine whether this ordinance necessitates amendment of the City's Bail Schedule and to cause such necessary amendments to be made and filed with the local branches of the Superior Court of the County of Riverside. Section 5 . EFFECTIVE DATE This ordinance shall take effect thirty (30) days after its second reading by the City Council. [THIS PORTION OF THIS PAGE LEFT INTENTIONALLY BLANK] All%%, 2 C . Section 6 . CERTIFICATION The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published according to law. The forego i�ngg Ordinance was approved and adopted at a meeting of the City Council held on Juc y / `� , 2010 by the following vote: Ayes: 5 m4-ec#,4,v� AeAA; c� Noes: Abstain: Absent:,* ATT Pat Hammers, City Clerk APPROVED AS TO FORM: ,14h -k+ m "t " (-;' Chart s R. Green, City Attorney REVIEWED: C�4 - �. (�� Donald E. Bradley, Ci ty Manager P:\APPS\WPDATA \CATH \0004 Police Department \DOC \1030 - Ord. Amending CCMC Ch. 11.56 (Truancy & Curfew).doc 3