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HomeMy WebLinkAbout14-071 CC Resolution' RESOLUTION NO. 14-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A MUNICIPAL BAIL SCHEDULE FOR CERTAIN OFFENSES THE COUNCIL OF THE CITY OF TEMECULA HEREBY FINDS AND RESOLVES: Section 1. The City Council approves the Temecula General Municipal Bail Schedule attached hereto as Attachment "A". This Bail Schedule sets forth the dollar amount of the fine to be paid by a person issued an infraction for violating Chapter 12.08 (Taxicabs) of the Temecula Municipal Code. Section 2. The General Bail Schedule includes separate columns which indicate the bail amount for: a) a first offense; b) a second offense within 12 months of the first offense; and c) a third offense and each additional offense of the Temecula Municipal Code within 12 months of the first offense. Section 3. The City Council hereby requests that the Judges of the Superior Court of the County of Riverside, Southwest Justice Center, approve the General Municipal Bail ' Schedule attached hereto and incorporated herein by this reference. Section 4. The City Clerk shall certify to the adoption of this resolution and shall cause this resolution and her certification to be entered in the Book of Resolutions of the Council of this City. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 18`h day of November, 2014. U L Maryann Edwards, Mayor ATTEST: Ran Jo Ison, JD, MMC City Clerk I [SEAL] Resos 14-71 STATE OF CALIFORNIA ) ' COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl-Olson, JD, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 14-71 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 18th day of November, 2014, by the following vote: AYES: 4 COUNCIL MEMBERS: Naggar, Roberts, Washington, Edwards NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Comerchero ABSTAIN: 0 COUNCIL MEMBERS: None '�;7� Randi' ohl-Olson, JD, MMC ' City Clerk Resos 14-71 2 EXHIBIT A TO RESOLUTION NO. 14-71 Temecula Municipal Code Section 1.20.010 provides that any person violating any provision or failing to comply with any of the mandatory requirements of the Temecula Municipal Code shall be guilty of a misdemeanor, unless such violation is specifically designated as constituting an infraction. Pursuant to California Government Code Section 36900(b), every violation of the Temecula Municipal Code determined to be a misdemeanor is punishable by a fine of not more than One Thousand Dollars ($1,000.00), or by imprisonment for a period of not more than six (6) months, or by both such fine and imprisonment. Further, every violation of the Temecula Municipal Code determined to be an infraction is punishable by: (1) a fine not exceeding One Hundred Dollars ($100) for a first violation; (2) a fine not exceeding Two Hundred Dollars ($200) for a second violation of the same Code provision within 12 months; (3) a fine not exceeding Five Hundred Dollars ($500) for a third violation and each subsequent violation of the same Code provision within 12 months except as otherwise provided by the City Council or as otherwise specified in the City of Temecula General Bail Schedule. The police officer who issues the infraction shall indicate the Code section or provision that was violated. Code Description of Code Section Bail- Bail- Bail - Section Violation First Second Third and Offense Offense Subsequent Offense CHAPTER 12.08: TAXICABS 12.08.020.A Operating a taxicab or causing a $100 $200 $500 taxicab to be operated without first obtaining an operator permit 12.08.020.B Failure of operator to maintain with $100 $200 $500 City a current list of all drivers authorized to operate any vehicle listed in its operator permit; or failure of operator to notify City of any revisions to current list of its drivers 12.08.020.1) Failure of operator to comply with $100 $200 $500 zoning and other City ordinances regulating conduct of business or garaging of taxicabs within City 12.08.020.E Failure of operator to maintain $100 $200 $500 maintenance log on every taxicab listed onoperator permit 12.08.030 Failure to procure or maintain $100 $200 $500 insurance consistent with City regulations 12.08.040 Failure of operator to have all of its $100 $200 $500 taxicabs maintain a distinctive appearance or clearly indicate that the vehicle is offered for the use of transportation of passengers for hire r—^ 12.08.060 Operator using a vehicle as a taxicab $100 $200 $500 without first obtaining a taxi permit for that specific vehicle 12.08.070 Driving a taxicab for hire without first $100 $200 $500 obtaining a driver permit 12.08.120.A On duty to drive a taxicab for hire for $100 $200 $500 more than 12 consecutive hours in any 24-hour period 12.08.120.6 Failure to post a sign stating that all $100 $200 $500 taxicab occupants must wear a seatbelt at all times while taxicab is in motion 12.08.120.0 Driver smoking while taxicab is $100 $200 $500 occupied without consent of all passengers 12.08.120.D Failure or refusal to transport person to $100 $200 $500 an announced destination within service area of business which operates the taxicab 12.08.120.E Refusal of passenger to pay legal fare $100 $200 $500 for hire of any taxicab 12.08.130 Failure to affix an operable top light to $100 $200 $500 taxicab in a way that clearly indicates when taximeter is in operation 12.08.140.A Failure to affix to exterior of taxicab $100 $200 $500 name of taxicab company and company vehicle number in full view 12.08.140.6 Failure to display information card $100 $200 $500 bearing driver's name, driver's employer, operator's name, business address, telephone number of operator, a picture of driver, and rates and surcharges to be charged 12.08.140.0 Failure to display a rate card stating $100 $200 $500 maximum hourly, base, per mile or other rate; and the hourly rate, the rate per mile and the base or other rate charged by operator 12.08.150.A Failure of driver to take most direct $100 $200 $500 route possible for passengers 12.08.150.6 Driver soliciting additional passengers $100 $200 $500 without express permission of first passenger in taxicab 12.08.150.1) Failure to limit number of passengers $100 $200 $500 in taxicab to the adult seating capacity of vehicle asspecified by manufacturer 12.08.160 1 Failure to keep taximeter accurate $100 $200 $500 12.08.170 Failure to base charges on taximeters; $100 $200 $500 or failure to place taximeter so that reading dial showing amount to be charged is well lighted and readily discernible by passengers 12.08.180 Misuse of Taximeter: Failure to $100 $200 $500 activate taximeter as if taxicab is not employed; or activating taximeter when taxicab is not carrying passengers; or failure to deactivate taximeter at termination of each service; failure to activate taximeter's trip counter at initial engagement of taxi 12.08.190 Refusing to give receipt upon request $100 $200 $500 of passenger making payment 12.08.210 Operating a taxicab by someone other $100 $200 $500 than operator, or employee, independent contractor, franchisee, or a ent of operator ��j Failure of owner to file with City a $100 $200 $500 schedule of current rates