Ordinance 2782CITY OF ALAMEDA ORDINANCE NO. 2782
New Series
AMENDING THE ALAMEDA MUNICIPAL CODE BY REPEALING
SECTION 1-5 (PENALTY PROVISIONS) OF CHAR I (GENERAL) IN ITSENTTY AND ADDING A NEW SECTION 1-5 (PENALTY PROVISIONS;
ENFORCEMENT) TO CHAPTER I
BE IT ORDAINED by the Council of the City of Alameda that:
Section 1 The Alameda Municipal Code is hereby amended by repealing
section 1-5 (Penalties Provisions) of Chapter I (General) in its entirety.
PENALTY PROVISIONS; ENFORCEMENT
Section 2 The Alameda Municipal Code is hereby amended by adding a new
section (penalty Provisions; Enforcement) to Chapter I (General) to read:
Misdemeanors; Infractions; General Penalty; Continuing Violations.
a. Whenever in this Code or in any other ordinance of the City or in any
order , rule or regulation issued or promulgated by any duly authorized offcer or agent of the
City, any act is prohibited or is made or declared to be unlawful or an offense , or the failure to
do any act is declared to be unlawfl or an offense , the violation of any such provision of the
Code or any other ordinance of the City or any such order , rule or regulation sh2.ll be a
misdemeanor or infraction.
b. Whenever in this Code or in any other ordinance of the City or in any
order , rule or regulation issued or promulgated by any duly authorized offcer or agent of the
City, any act is prohibited or is made or declared to be a misdemeanor , where no specific penalty
is provided therefor , the violation of any such provision shall be punishable by a fine not to
exceed one thousand dollars ($1 00.00) or imprisonment for a term not exceeding six months
or by both such fine and imprisonment.
c. Whenever in this Code or in any other ordinance of the City or in any
order , rule or regulation issued or promulgated by any duly authorized offcer or agent of the
City, any act is prohibited or is made or declared to be an infraction , where no specific penalty is
provided therefor , the violation thereof shall be punished by a fine not exceeding five hundred
dollars ($5,00.00).
d. Any offense which would otherwise be an infraction is a misdemeanor if a
defendant has previously been convicted thereof thee times or more , and such prior convictions
are admitted by the defendant or alleged in the accusatory pleading. For this purpose , a bail
forfeiture shall be deemed to be a conviction of the offense charged.
e. Every day any violation of this Code or any other ordinance of the City or
any such order , rule or regulation continues to occur shall constitute a separate offense , except as
otherwise provided.
5.2 Arests for Code or Ordinance Violations; Written Promise to Appear.
a. If any person is arested for a violation of any provision of this Code or
any other ordinance , and such person is not immediately taen before a magistrate , as prescribed
in the Penal Code of the State , the aresting officer shall prepare in duplicate a written notice to
appear in court, containing the name and address of such person , the offense charged , and the
time and place when and where such person shall appear in court.
b. Any person wilfully violating his written promise to appear in court is
guilty of a misdemeanor , regardless of the disposition of the charge upon which he or she was
originally arested.
5.3 Civil Action Enforcement
a. In addition to the penalties provided for in this chapter, any violation of
this code or City ordinance may be redressed by civil action. Any condition existing in violation
of this code or a City ordinance or any order, rule or regulation issued or promulgated by any
duly authorized offcer or agent of the City, is deemed to be a public nuisance.
b. The City attorney may bring civil suit or other action to enforce any
ordinance or section of this Code, to enjoin or prevent any violation of any ordinance, or to abate
any public nuisance as defined or declared by this Code.
c. The remedy by civil action to enforce any ordinance or section of this
Code is in addition to any other remedies available under ordinance , City code or statute and
does not replace or support any other remedy but is cumulative thereto.
5.4 Liabilty for Costs.
Any person against whom such civil action is fied shall be liable for the costs
thereof, which shall include but not be limited to the costs of investigation, court costs
reasonable attorney fees and costs of monitoring compliance.
Additional Liabilty for Costs of City.
If any person causes , suffers or permits a public nuisance to continue after written
notice is given to such person by the City, directing such person to cease the nuisance , and such
continuation goes beyond the time set for abatement in the notice , then such person shall be
liable to the City for the expenses incurred in detecting, investigating and abating the violations
including attorney fees and the costs of monitoring compliance. The City may recover such costs
by civil action or by billng said person.
Authorization of Code Enforcement Officers; Limitations.
a. The following classification of City employees and agents shall have the
authority under Penal Code Section 836.5 to issue citations for violations of the Alameda
Municipal Code:
Code Compliance Officer
Planner I , II and III
Associate Planner
Planning Manager
Planning Director
Public Works Director
Maintenance Superintendent
Deputy Public Works Director
City Engineer
Building Official
Building Services Manager
Combination Building Inspector
Housing Inspector
Building Inspector
Community Service Offcer (CSO)
b. The authorization herein does not include the use of any weapon or
physical force or restraint in the issuance of a citation.
Training Standards.
Notwithstanding the statutory authorization to issue citations for violations of
Alameda Municipal Code violations , prior to issuing citations each authorized City employee is
required to successfully complete a standard 40 hour training course in arest , search and seizure
procedures pursuant to Section 832 of the Penal Code.
Judicial Review; Administrative Decisions.
The provisions of Section 1094.6 of the California Code of Civil Procedure are
applicable to the City.
Section 3 If any section , subsection , sentence, clause , or phrase of this
ordinance is , for any reason , held to be invalid or unconstitutional , such decision shall not affect
the validity or constitutionality of the remaining portions of this ordinance. The City Council of
the City of Alameda hereby declares that it would have passed this ordinance , and each section
subsection , clause or phrase hereof, irrespective of the fact that anyone or more sections
subsections , sentences , clauses and phrases are declared to be invalid or unconstitutional.
Section 4 . This ordinance shall be in full force and effect from and after the
expiration of thirt (30) days from the date of
j.!
final passage.
Attest:
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, the undersigned , hereby certifY that the foregoing Ordinance was duly and regularly adopted
and passed by the Council ofthe City of Alameda in regular meeting assembled on the day of
December , 1998 , by the following vote to wit:
AYES:Councilmembers Daysog, DeWitt , Kerr , Lucas and
President Appezzato - 5.
NOES:None.
ABSENT:None.
ABSTENTIONS:None.
IN WITNSS , WHEREOF , I have hereunto set my hand and affixed the offcial seal of said City
this 2nd day of December 1998.
Diane Felsch , City Clerk
City of Alameda