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Home My WebLink About1409 - ORDINANCES - 4/1/1992 9Df9 ORDINANCE NO. 1409 AN ORDINANCE OF' THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE PALM SPRINGS MUNICIPAL CODE PENALTY PROVISIONS WHEREAS, the City Council wishes to add flexibility and efficiency to the City' s code enforcement procedures and thereby chooses to designate as an infraction any first violation of a Code provision unless expressly stated otherwise in the Municipal Code; and WHEREAS, the City Council also desires to remove from the Municipal Code all penalty provisions that are not consistent with Sections 1 . 01 . 140 and 1. 01 .1150 as amended by this ordinance. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIF'ORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1 . The following sections codified in the Palm Springs Municipal Code are hereby amended to read as follows : 1 . 01 . 140 Violation--Infraction. .Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating or wilfully failing to comply with any provision of this code shall be guilty of an infraction for any such violation and shall be subject to penalties as provided in Section 1 . 01 . 155 , unless a different penalty is prescribed or unless the violation is made a misdemeanor by ordinance. 1 01 150 Subsequent or continuing violation-- Misdemeanor . Any person who commits a second or subsequent violation of the same provision of this code within one year of the commission of the first such violation shall be guilty of a misdemeanor for each such violation and shall be subject to penalties as provided in Section 1. 01 . 160 . Each day or portion thereof that a person„ firm or corporation permits a violation of this code to continue shall constitute a separate and subsequent: offense. 3 . 34. 190 Violation by operator . Any operator or other person who fails or refuses to register as herein required, or to furnish any return required to be made, or who fails or refuses to furnish a supplemental return or other data required by the finance director , or who renders a false or fraudulent report. , with intent to defeat or evade the deterininat ions of an amount due required by this chapter to be made is punishable as specified in Sections 1 . 01 . 140 and 1 . 01 . 150 . 3 .76 . 010 Penalties . Any person who violates any of the provisions of Chapters 3 . 40 through 3 . 96 is punishable as specified in Sections 1 . 01 . 140 and 1. 01.150 . 5 . 34. 270 Violation and penalty. Every person, except those persons who are specifically exempted by this chapter , whether acting as an individual owner , employee of the owner, operator or employee of the Ord NO onn�,•y4� Page 2 r'f operator , or whether acting as a mere agent or indepte,,- dent contractor for the owner, employee or operator , or acting as a participant or worker in any way directly or indirectly who gives massages or operates a massage establishment or any of the services defined in this chapter without first obtaining a license or permit from the city or shall violate any provision of this chapter shall be punishable as specified in Sections 1.01 . 140 and 1. 01 . 150 . 5 . 42. 160 Violation and penalty. An person who acts as an escort or operates an escort bureau, as these terms are defined in this chapter , without first having obtained a license or permit therefor and having paid the necessary fee or who shall violate any provision of this chapter shall be punishable as specified in Sections 1.01.140 and 1 . 01.150 . 6. 07 . 110 Violation. Any person violating any of the provisions of this chapter is punishable as specified in Sections 1.01.140 and 1 . 01 . 150 . Each day such violation is committed or permitted to continue shall constitute a separate offense. 8. 04 . 320 Subsequent or continuing violation-- Misdemeanor . Any person or corporation having been cited for violation of any provision of this chapter , or of the uniform codes cited in Section 8 .04 . 020 , who within one year thereafter commits a second or any subsequent violation of the same provision of this chapter or of any of said uniform , codes, including without limitation thereby, suffering or permitting said violation to continue for a second or subsequent day, shall be guilty of a misdemeanor . 9. 67 . 010 Enforcement . (a) Violation--Infraction. Any person, firm or corporation, whether as principal , agent, employee or otherwise, violating any provision of this title, or violating or failing to comply with any order or regulation made hereunder, shall be guilty of an infraction for the first instance of any such violation, and shall be guilty of a misdemeanor for a second or any subsequent violation committed within one year of the first violation of the same provision of this title. (b) Continuing violation--Misdemeanor . Each person, firm or corporation is guilty of a separate misdemeanor offense for each day or portion thereof during which any violation of the provisions of this title is continued or permitted to continue within one year following the issuance of a citation for such violation. 11. 33 . 130 Violation. Any person, firm or corpo- ration who violates or wilfully fails to comply with any provision of this chapter is punishable as specified in Sections 1 . 01. 140 and 1.01.150 . 11. 34.130 Violation. Any person, firm or corpo- ration who violates or wilfully fails to comply with any provision of this chapter is punishable as specified in Sections 1 .01 . 140 and 1 . 01 . 150 . -2- UV I b7U Page 3 11. 60 . 050 Penalties . Violation of any portion of this chapter is punishable as specified in Sections 1 .01 . 140 and 1 . 01. 150 . 11.68. 150 Violation. Any person who violates any provision of this chapter is punishable as specified in Sections 1 . 01 . 140 and 1. 01 . 150 . 11.72 . 302 Subsequent or continuing violation-- Misdemeanor . Any owner , occupant, or agent of any lot or premises within the city having been cited for violation of any provision of this chapter , who within one year thereafter commits a second or any subsequent violation of the same provision of this chapter , including, without limitation thereby, suffering or permitting said violation to continue, for a second or subsequent day, shall be guilty of a misdemeanor . 11 .74 . 052 Violation--Infraction. Any person violating any provision of this chapter shall be guilty of an infraction for the first instance of any such violation. 11.74 . 053 Continuing or subsequent violations-- Misdemeanor . Any person having been cited for violation of any provision of this chapter who within one year thereafter commits a second or any subsequent violation of the same provision of this chapter , including, without limitation thereby, suffering or permitting said violation to continue for a second or subsequent day, shall be guilty of a misdemeanor .. 11. 88. 010 Unauthorized reception. Any person who by means of any unauthorized connection in physical contact therewith, takes or receives television signals, programs, pictures or sound from any cables , wires or equipment used for distribution of such signals, programs, pictures or sound for pay or hire, is punishable as specified in Sections 1. 01. 140 and 1 . 01 . 150 . 11.88. 020 Unauthorized connection. Any person who makes or causes to be made any unauthorized physical connection with any cables , wires or equipment used for distribution of such television signals, programs, pictures or sound for pay or hire, for the purpose of enabling himself or others to receive such television signals , programs , pictures or sound without payment, is punishable as specified in Sections 1 .01 . 140 and 1 . 01 „ 150 . 11 88 030 Tampering with equipment . Any person who without consent of the owner willfully tampers with, removes or .injures any cables, wires or equipment used for distribution of television signals, programs, pictures or sound for pay or hire, is punishable as specified in Sections 1 . 01 . 140 and 1 . 01 . 150 . 11.92 . 080 Violations--Penalty. 'Violation of any provision of this chapter is punishable as specified in Sections 1. 01. 140 and 1 .01.150 . 11 .92 . 090 Nuisance--Civil abatement. The distri- bution or possession for the purpose of sale, the exhibition, or the display of any drug paraphernalia as defined in Section 11 . 92 . 050 in any place of business L� -3- / / ura 14Uy Page 4 from which minors are not excluded as set forth in this chapter is a public nuisance, and may be abated pursuant to the provisions of Section 731 of the Code of Civil Procedure of the State of California. This remedy is in addition to any other remedy provided by law, including but not limited to the penalty provi- sions applicable for violation of the terms and provi- sions of this chapter . 15.12 . 030 Violations. Any person, whether as principal, agent , employee or otherwise, who violates any provision of this title, or who fails to comply therewith, or who violates or fails to comply with any order or regulation made hereunder , is punishable as specified in Sections 1 . 01.140 and 1 .01. 150 . Any such person further is guilty of a separate offense for each and every day during which any such violation or fail- ure to comply is committed, continued or maintained. SECTION 2 . Sections 8. 04 . 330, 11 . 96 . 070 and 12 .80 . 050 are hereby deleted from the Palm Springs Municipal Code. SECTION 3. The following section is hereby added to Chapter 4 . 08 of the Palm Springs Municipal Code to read as follows : 4. 08. 125 Violation--Penalty. Any person who violates any provision of this chapter is guilty of a misdemeanor . SECTION 4 . EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty ( 30) days after passage. SECTION 5 . PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance, and to cause the same or a summary thereof or a display advertisement , duly prepared according to law, to be pub- lished in accordance with law. ADOPTED this 1st day of April 1992 . AYES: Councilmembers Broich, Hodges and Mayor Bono NOES: None ABSENT: Councilmember Neel ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By C�_... -� �>�{� fi(i a,�c'e_"l �dr�f=-�J f l�✓� �� City%Clerk Mayor REVIEWED & APPROVED: 1i I HEREBY CERTIFY that the foregoing Ordinance 1409 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting held on the 1st day of April , 1992, and that same was duly published in the DESERT SUN, a newspaper of general circulation on March 25 and April 8, 1992. 9/425/014084-0008/014a JUDITH SUMICH City Clerk —4