Ordinance 854 ~ ~
ORDI*1?.NCE ;IO. A54
AN ORDINANCE OF THE CITY OF CUPERTZ.10 REPEAL-
ING ORDINANCE NO'S. 811 ~ND 829 AND AME.~IDING
' SECTIONS 1.12.010 AND 1.12.020 OF CHAPTER 1.12
OF THE CUPERTZNO MUNICIPAI, CODE RELATING TO
INFRACTIONS TO ZNCLUDE VIOLATION OF CONDITION
ZMPOSED UPOAI ANY PERMIT AS AN INFRACTION, AND
DECLARING THE URGENCY THEREOF
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAZN AS
FOLLaWS:
Ordinance No's. 811 and 829 of the City of Cupertino are
hereby repealed.
Sections 1.12.010 and 1.12.020 of Chapter 1.12 of the
Cupertino Municipal Code are hezeby amended to read in full as
follows:
1.12.010 Infraction. A. Whenever in any ordinance of the
City, nc u inq o or nances codified in this code, and
ordinances not codified in this code, or in any rule, regulation,
order, or condition imposed upon any permit issued or promulqated
pursuant thereto, any act is prohibited, or is made oz declared
to be unlawful, or an offense or a misdemeanor, or the doing of
any act is required, or the failuze to do any act is declared to
be unlawful or a misdemeanor, the violation of any such proviaion
of any ordinance of the City, or of any such rule, regulation,
order, or condition imposed upon any permit by any person, firm or
corporation, whether as principal, agent, employee or otherwise, is
hereby made an infraction, rather than a misdemeanoz, and may either
be prosecuted by city authorities in the name of the people of the
state of California, or redressed by civil action.
B. Every violation determined to be an infraction is punish-
able by the following fines:
1. A fine not exceeding fifty dollars for a first
violation;
2. A fine not exceedinq one hundred dollars for a
second violation of the same ordinance within one year; and,
3. A fine not exceeding two hnndred fifty dollars for
each additional violation of the same ordinance within one yeaz.
1.12.020 Each da a se arate offense. A person, firm or
corporat on comm tt nq an act des qnated in Section 1.12.010 is
guilty of a separate offense for each and every day during any
portion of which any violation of any ordinance of the City, or
any such rule, regulation, order, or condition imposed upon any
per•nit is committed, continued or persnitted by such person, firm
or corporation, and is punishable as provided in Section 1.12.010.
This Ordinance is hereby declared an urgency measure, and
shall be in full force and effect immediately upon its adoption.
The facts constituting such urqency are as follows:
, ~ ~ I.
In adopting Ordinance No. 811, subparagraph B, of Section
1.12.010, was inadvertently omitted. It is necessary to the
public health, safety, peace, comfort and general welfare of
the City of Cupertino and the residents therein, that the punish-
ment for violations of infractions be immediately promulqated.
INTRODUCED at n regular meetinq of the City Council of the
City of Cupertino on the ZOth day of Dacambar , 1977j and
ENACTED at a regular meets.nq
of the Ci y~-ounc'~'I of the City of
Cupertino on the 20th day of necember , 1977, by the following
vote :
Vote Members of the CftY Council
AYES: Jackson, Meyers. Nellis~ 0'Keefe. Frolich
NOES : None _ . ~ ~
ABSENT: None
. . _ . .
ABSTAIN: None
. APPROVEDr
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