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ADOPT AN ORDINANCE AMENDING STOCKTON MUNICIPAL CODE (SMC), TITLE 1, CHAPTER 1.08, SECTION 1.08.010; AMENDING TITLE 1, CHAPTER 1.32, SECTION 1.32.050; AND AMENDING TITLE 9, CHAPTER 9.64, SECTION 9.64.090 TO CLARIFY FINE STRUCTURES, ESTABLISH A “HARDSHIP WAIVER” PROCESS, AND RESOLVE INCONSISTENCIES IN THE CODE RELATED TO OFFENSES DEEMED AS INFRACTIONS; AND A PUBLIC HEARING TO ADOPT A RESOLUTION APPROVING THE AMENDMENT TO THE FISCAL YEAR 2024-25 FEE SCHEDULE
recommended action
RECOMMENDATION
It is recommended that the City Council:
1. Adopt an Ordinance amending Title 1, Chapter 1.08, Section 1.08.010, to update the Municipal Code to reflect the current limits of allowable fines for certain violations of the Code considered to be infractions, and ensure compliance with State Law by requiring the City to establish a program for qualifying persons the ability to request a reduction of fines resulting from violations of infractions through a ‘Hardship Waiver Request’ process; and,
2. Amend Title 1, Chapter 1.32, Section 1.32.050 to clarify that fines for violations considered to be infractions shall be levied in accordance with Title 1, Chapter 1.08; and,
3. Amend Title 9, Chapter 9.64, Section 9.64.090 to correct an inconsistency for the allowed height of barbed wire (a violation codified as an infraction) within separate Chapters/Sections of the Municipal Code; and,
4. Adopt a Resolution approving an amendment to Fiscal Year 2024-25 Fee Schedule relating to Infraction Violations; and,
5. Authorize the City Manager, or designee, to take all appropriate and necessary actions to carry out the purpose and intent of the ordinance and resolution.
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Summary
The proposed amendments to the Stockton Municipal Code (SMC) will address outdated provisions and ensure alignment with current State Law. The proposed changes aim to clarify fine structures for infractions, establish a "Hardship Waiver" process for individuals facing financial difficulties, and resolve inconsistencies in regulations concerning barbed wire fencing. These updates will modernize the code, improve clarity for both residents and enforcement officers, and enhance public safety within the City of Stockton. By adopting these amendments, the City will demonstrate its continued commitment to fair and equitable enforcement of municipal codes, while also ensuring the safety and well-being of its residents.
DISCUSSION
Background
The Stockton Municipal Code, specifically Title 1, Chapter 1.08, Section 1.08.010A, currently defines violations as misdemeanors unless explicitly stated as infractions in the code or by State Law. This has led to discrepancies between the SMC and the California Government Code (GOV 36900) regarding the allowable fines for infractions. For example, the state code allows for differentiated fine structures for infractions related to building and safety codes, short-term rental ordinances, and repeat violations on commercial properties, while the SMC currently maintains a uniform fine structure for all infractions. This lack of differentiation can result in inequitable treatment of violators, particularly for minor infractions that may not warrant the same level of penalty as more serious offenses.
Furthermore, GOV 36900 mandates a "Hardship Waiver" process, enabling individuals to request a reduction in fines if they can demonstrate that full payment would impose an undue financial burden. This provision is crucial for ensuring that fines do not disproportionately impact low-income individuals and families. The absence of a "Hardship Waiver" process in the SMC poses a potential barrier to compliance and can exacerbate economic hardship for vulnerable residents.
Similarly, SMC 1.32.050, which addresses fines for administrative citations, does not differentiate between infractions and misdemeanors, potentially leading to confusion and inconsistent application of fines. The lack of clarity in the current code can create challenges for both enforcement officers and residents in understanding the appropriate penalties for different types of violations. Additionally, the discrepancy between SMC 9.64.090 and the Development Code regarding the minimum height for barbed wire fencing highlights the need for consistent regulations to ensure public safety and avoid ambiguity in code enforcement.
Present Situation
To address these issues, the proposed amendments will significantly modernize the SMC and bring it into alignment with current State law. The Ordinance amending Title 1, Chapter 1.08, Section 1.08.010 will comprehensively update the SMC to reflect the various fine categories outlined in GOV 36900 and establish the required "Hardship Waiver" process. By incorporating these provisions, the City of Stockton will ensure that its municipal code is not only consistent with State law but also promotes fairness and equity in the application of fines.
The amendment to Title 1, Chapter 1.32, Section 1.32.050 will explicitly clarify that fines for infractions issued through administrative citations must adhere to the provisions in Title 1, Chapter 1.08. This will eliminate any ambiguity and ensure consistent application of fines for infractions, regardless of the enforcement mechanism. By streamlining the enforcement process and ensuring clarity in the code, the City will improve compliance and reduce the potential for disputes.
Finally, the amendment to Title 9, Chapter 9.64, Section 9.64.090 will rectify the discrepancy in the allowable height of barbed wire fencing, aligning it with the Development Code and promoting public safety. This change will remove confusion and ensure that all barbed wire fences within the city meet the required safety standards. By addressing this inconsistency, the City will enhance public safety and protect residents from potential hazards associated with improperly installed or maintained barbed wire fences.
Publication
The Notice for this public hearing will be published in The Record on February 19, 2025.
FINANCIAL SUMMARY
The proposed ordinance amendments may have the potential to impact city revenue. While updating fine structures could lead to increased revenue, the implementation of a hardship waiver program could conversely decrease revenue. The ultimate financial impact will depend on the balance between these two factors, specifically the number of waivers granted and the changes in fine amounts. The proposed fees include:
Violations of a codified State or Municipal Non-Building or Non-Safety Code Infraction (§ 1.08.010(B))
First Offense $100
Second Offense $200
Third/Subsequent Offense $500
Violations of a codified State or Municipal Building or Safety Code Infraction
(§ 1.08.010(C))
First Offense $ 130
Second Offense $ 700
Third/Subsequent Offense $1,300
Commercial property owners who fail to remove visible refuse or prohibit unauthorized use of the property within two years of a prior violation of the same offence.
(§ 1.08.010(C)4)
$2,500
Attachment A - Proposed Infractions Ordinance Amendments redlined version