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HomeMy WebLinkAboutCC Resolution 14419 (2018 Bail Schedule)RESOLUTION NO. 14419 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING A PROPOSED 2018 BAIL SCHEDULE FOR VIOLATIONS OF THE SAN RAFAEL MUNICIPAL CODE WHEREAS, Penal Code Section 1269(b) requires the Marin County Superior Court to adopt an annual countywide bail schedule which includes bail amounts for Municipal Code violations; and WHEREAS, the Marin County Superior Court has requested the City of San Rafael to advise the Court of any proposed changes to the bail schedule for violations of the San Rafael Municipal Code for inclusion in the 2018 countywide bail schedule; and WHEREAS, the text of the bail schedule for the City of San Rafael was last amended in 2014 based upon a recommendation by the City Council in 2013 by Resolution No. 13628; and WHEREAS, the City’s bail schedule now needs to be amended to reflect the changes made in the last year to add sections to the City’s Municipal Code; NOW THEREFORE, be it resolved by the City Council as follows: 1. That the Marin County Superior Court is requested to accept the proposed 2018 Bail Schedule attached hereto as Exhibit “A” and incorporated herein by reference, for violations of provisions of the San Rafael Municipal Code. 2. That the City Clerk is directed to forthwith transmit a copy of this Resolution to the Administrator of the Marin County Superior Court. I, ESTHER C. BEIRNE, City Clerk of the City of San Rafael, hereby certify that this Resolution was duly and regularly introduced and adopted at a regular meeting of said City Council held on the 20th day of November, 2017 by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ESTHER C. BEIRNE, City Clerk SAN RAFAEL CITY ORDINANCES BAIL SCHEDULE – JANUARY 2018 Section Offense Base Bail Total Bail* g:\bailsche\2018citysanrafael *Does not includes $40 Court Security Fee, $35 Conviction Assessment (Infraction), $30 Conviction Assessment (Misdemeanor) EXHIBIT “A” 4.08.020- 4.08.100 I/M Fire Code Violations $35/185 $158/773 4.12.030 I/M Vegetation Management Standards $35/185 $158/773 5.12.050 I Unauthorized Person Directing Traffic $35 $158 5.32.030 I Vehicle Driven on Sidewalk $35 $158 5.34.010 I/M Skateboards, Roller Skates, Bicycles and Electric Personal Assistive Mobility Devices in prohibited areas $35/185 $158/773 5.34.030 I/M Skateboards, Roller Skates, Bicycles and Electric Personal Assistive Mobility Devices Violating Right-of-Way of Vehicles or Pedestrians $35/185 $158/773 5.36.020 I/M Pedestrian Failing to Use Crosswalk $35/185 $158/773 5.36.030 I/M Crossing Roadway at other than Right Angles $35/185 $158/773 5.36.040 I/M Standing in Roadway Obstructing Traffic $35/185 $158/773 5.40.040(1) I/M Repairing/Washing Vehicle on City Street Prohibited $35/185 $158/773 5.40.220 I Removal of Parking Regulations Marks $35 $158 5.64.020 M Vehicle on Fire Road, Open Space or parklands Without Permit $185 $773 6.10.010 Marin County Animal Code §§ 8.04.179 I First Offense $35 $158 M Second & Subsequent Offenses within one year period $185 $773 M Marin County Animal Code §§ 8.04.180, 8.04.181, 8.04.182, 8.04.185, 8.04.200, 8.04.225, 8.04.226, 8.04.230, 8.04.240, 8.04.245, 8.04.250, 8.04.252, 8.08.010, 8.08.020, 8.12.010, and 8.12.020. $185 $773 6.10.030 I Leash Violation $35 $158 6.10.040 I Dogs Prohibited at Downtown Farmer’s Market & other Special Events $35 $158 8.10.020 I/M Use of City Parks/Buildings without Permit $35/185 $158/773 8.10.080A I/M Use of City Parks/Buildings After Hours $35/185 $158/773 8.10.090A I/M Use of Amplified Sound in City Parks/Buildings without Permit $158/773 SAN RAFAEL CITY ORDINANCES BAIL SCHEDULE – JANUARY 2018 Section Offense Base Bail Total Bail* g:\bailsche\2018citysanrafael *Does not includes $40 Court Security Fee, $35 Conviction Assessment (Infraction), $30 Conviction Assessment (Misdemeanor) EXHIBIT “A” 8.10.090C(1) I/M Maintenance of Fire Outside Fire Pit of Park Barbecue $35/185 $158/773 8.10.090C(2) I/M Leaving a Fire on City Property without being Extinguished $35/185 $158/773 8.10.090C(3) I/M Possessing or Igniting Fireworks on City Property $35/185 $158/773 8.10.090D(1) I/M Camping in City Parks/Buildings $35/185 $158/773 8.10.090D(2) I/M Storing Camp Facilities or Paraphernalia in City Parks/Buildings $35/185 $158/773 8.10.090E I/M Possession of Dangerous Weapon in City Parks/Buildings $35/185 $158/773 8.10.090F I/M Operation of Motorized Boats or Planes in City Parks/Buildings $35/185 $158/773 8.10.090G I/M Swimming/Wading Outside Designated Areas in City Parks $35/185 $158/773 8.10.090H I/M Golfing in City Parks/Buildings $35/185 $158/773 8.10.090I I/M Commercial Activities in City Park or Building without Permit $35/185 $158/773 8.10.090J I/M Smoking in City Building or within 100 Feet of Playground $35/185 $158/773 8.10.090K I/M Posting of Advertisements in City Parks/Buildings $35/185 $158/773 8.10.090L I/M Gambling in City Parks/Buildings $35/185 $158/773 8.10.090M I/M Disorderly Conduct in City Parks/Buildings $35/185 $158/773 8.10.090N I/M Lawn Darts/Horseshoes Outside Designated Areas in City Parks $35/185 $158/773 8.10.100A-I I/M Regulations Involving Injury or Misuse of City Parks/Buildings $35/185 $158/773 8.10.90A-E I/M Regulations Involving Dogs and Pets in City Parks/Buildings $35/185 $158/773 8.10.120A-F I/M Regulations Involving Animals in City Parks/Buildings $35/185 $158/773 8.10.130A-D I/M Regulations Involving Alcohol in City Parks/Buildings $35/185 $158/773 8.10.140A-J I/M Regulations Involving Vehicles in City Parks $35/185 $158/773 8.10.150A-D I/M Regulations Involving Refuse/Pollution in City Parks/Buildings $35/185 $158/773 8.10.160 I/M Entering or Remaining in City Parks/Buildings Noticed as Closed $35/185 $158/773 8.10.170 I/M Violation of City Parks/Building Regulations $35/185 $158/773 8.12.080 I/M Bill - Posting and Political Signs on Public Property Prohibited $35/185 $158/773 8.12.110 I/M Unlawful to Place Obstructions on Sidewalks $35/185 $158/773 8.12.120 I/M Duty to Trim Sidewalk Trees and Hedges $35/185 $158/773 8.12.170 I/M Discharge of Guns, Pistols & Other Weapons Prohibited $35/185 $158/773 8.12.210 I/M Trespassing Upon Private Property Prohibited $35/185 $158/773 8.13.030 I/M Loud or Unusual Noises Prohibited $35/185 $158/773 8.13.040 I/M Violation of General Noise Limits $35/185 $158/773 SAN RAFAEL CITY ORDINANCES BAIL SCHEDULE – JANUARY 2018 Section Offense Base Bail Total Bail* g:\bailsche\2018citysanrafael *Does not includes $40 Court Security Fee, $35 Conviction Assessment (Infraction), $30 Conviction Assessment (Misdemeanor) EXHIBIT “A” 8.13.050 I/M Construction-Prohibited Hours/Days $35/185 $158/773 8.14.50-110 I Smoking Ordinance Violation First Offense $35 $158 Second Offense $75 $322 Third and Additional Offense $185 $773 8.18.020 I/M Possession of Open Container of Alcoholic Beverage Near Liquor Stores $35/185 $158/773 8.18.030 I/M Consumption of an Alcoholic Beverage or Possession of an Open Container of an Alcoholic Beverage on City Public Property $35/185 $158/773 8.18.050 I/M Consumption of an Alcoholic Beverage or Possession of an Open Container of an Alcoholic Beverage on Parking Lots or Landscaped Areas on Private Property $35/185 $158/773 8.19.050 I/M Unruly Gatherings $35/185 $158/773 8.30.020 I Human Habitation of a Vehicle First Offense $35 $158 Second & Subsequent Offenses within one year period $75 $322 8.35.030 I/M Graffiti Prohibited $35/185 $158/773 8.35.040 I/M Sale & Possession of Graffiti Implements Prohibited $35/185 $158/773 8.35.050 I/M Retail Seller Signs for Aerosol Containers/Graffiti Implements $35/185 $158/773 9.04.050 I/M Prohibition of Smoking in Public Places, Places of Employment, and Certain Other Areas $35/185 $158/773 9.04.060 I/M Nonsmoking Buffer Zones $35/185 $158/773 9.04.070 I/M Smoking Restrictions in New and Existing Units in Duplexes and Multi- Family Residences $35/185 $158/773 9.04.100 I/M Smoking Prohibited by Law in Units and Common Areas $35/185 $158/773 9.04.110 I/M Other Requirements and Prohibitions $35/185 $158/773 9.12.020 M Discharge into San Rafael Canal & Tributaries $185 $773 9.12.030 I/M Deposit/Maintenance of Offensive Substances $35/185 $158/773 9.12.034 I/M Littering in Public Places $35/185 $158/773 9.12.036 I/M Merchant's Duty to Keep Sidewalks Free of Litter $35/185 $158/773 9.12.040 I/M Maintenance of Weeds/Deleterious Growth Prohibited $35/185 $158/773 SAN RAFAEL CITY ORDINANCES BAIL SCHEDULE – JANUARY 2018 Section Offense Base Bail Total Bail* g:\bailsche\2018citysanrafael *Does not includes $40 Court Security Fee, $35 Conviction Assessment (Infraction), $30 Conviction Assessment (Misdemeanor) EXHIBIT “A” 9.19.050 I/M Dumping/Burying of Solid Waste Prohibited $35/185 $158/773 9.19.060 I/M Accumulation of Solid Waste Prohibited $35/185 $158/773 9.19.070 I/M Burning of Solid Waste Prohibited $35/185 $158/773 9.19.090 I/M Obligation of Disposal with Authorized Refuse Agent $35/185 $158/773 9.19.100 I/M Unauthorized Removal of Recyclables $35/185 $158/773 9.19.180 I/M Tampering with Sidewalk Containers/Recyclables $35/185 $158/773 9.19.190 I/M Weekly Garbage Service Required $35/185 $158/773 9.20.020 M Dumping of Pollutants into Water Pollution Control System Prohibited $185 $773 9.22.050 I/M Refusal to Pay Household Hazardous Waste Fee, or Falsification of Household Hazardous Waste $35/185 $158/773 9.23.050 I/M Falsification of Conditionally Exempt Small Quantity Generator Waste $35/185 $158/773 9.30.060 I/M Discharge of Pollutants Prohibited $35/185 $158/773 9.30.090 I/M Illicit Connection and Discharge to Storm Drains Prohibited $35/185 $158/773 9.30.110 I/M Littering $35/185 $158/773 9.30.120 I/M Maintenance of Sidewalks $35/185 $158/773 9.30.190 I/M Watercourses – Prohibited Actions $35/185 $158/773 10.04.210 I/M Business License Required $35/185 $158/773 10.48.030 I/M Peddling in Building Where No Peddling Sign is Posted $35/185 $158/773 10.48.040 I/M Peddling without Permit $35/185 $158/773 10.48.120 I/M Peddling from Fixed Location on Public Property Prohibited $35/185 $158/773 10.48.130C I/M Peddling in Manner which Interferes with Pedestrians or Vehicles $35/185 $158/773 10.48.140 I/M Peddling after 7:00 p.m. or ½ hr. after Sunset, and before 8:00 a.m. $35/185 $158/773 10.48.150A I/M Peddling with Required Identification Card in Plain Sight $35/185 $158/773 10.48.150B I/M Peddling from Motor Vehicle/Mobile Unit without Required Identification Emblem $35/185 $158/773 10.48.160 I/M Garbage Disposal by Peddlers on Public or Private Property $35/185 $158/773 10.48.180 A1,A2, A3, B, C I/M Parking and Stopping Restrictions for Peddling from Motor Vehicle/Mobile Units $35/185 $158/773 10.60.020- 10.60.110 I/M Taxicab Regulations $35/185 $158/773 SAN RAFAEL CITY ORDINANCES BAIL SCHEDULE – JANUARY 2018 Section Offense Base Bail Total Bail* g:\bailsche\2018citysanrafael *Does not includes $40 Court Security Fee, $35 Conviction Assessment (Infraction), $30 Conviction Assessment (Misdemeanor) EXHIBIT “A” 10.90.020- 10.90.110 I/M Massage Therapy Regulations $35/185 $158/773 10.92.020 I/M Prohibition on Polystyrene Foam Disposable Food Packaging by Retail Food Vendors $35/185 $158/773 11.04.030 I/M Encroachment Permit Required $35/185 $158/773 11.12.050 I/M Injury to/Removal of Street Tree $35/185 $158/773 12.12.010 I/M California Building Code Violations $35/185 $158/773 12.13.010 I/M California Residential Code Violations $35/185 $158/773 12.14.010 I/M California Mechanical Code Violations $35/185 $158/773 12.16.010 I/M California Plumbing Code Violations $35/185 $158/773 12.20.010 I/M California Electric Code Violations $35/185 $158/773 12.21.010 I/M Property Maintenance Code Violations $35/185 $158/773 12.22.010 I/M California Existing Building Code Violations $35/185 $158/773 12.23.010 I/M California Green Building Standards $35/185 $158/773 12.46.030 I/M Diversion of Construction and Demolition Debris from Landfill $35/185 $158/773 14.04.020 I/M Second Dwelling Unit Built Without Use Permit and Exceeding 800 Square Feet or in Separate Building Not Meeting Setback or Height Requirements $35/185 $158/773 14.16.020 I/M Accessory Structures $35/185 $158/773 14.16.140 I/M Fences-Heights / Locations / Materials $35/185 $158/773 14.16.220 I/M Home Occupation Ordinance $35/185 $158/773 14.16.250 I/M Motor Vehicle Maintenance & Storage in Residential Districts $35/185 $158/773 14.17.020 I/M Animal Keeping $35/185 $158/773 14.18.190 I/M RV Parking in Residential Districts $35/185 $158/773 14.19.041 I/M Sign Permit Requirement $35/185 $158/773 14.19.053 I/M Location, Placement and Design of Signs $35/185 $158/773 14.19.070 I/M Temporary Signs $35/185 $158/773 14.19.080 I/M Prohibited Signs $35/185 $158/773 17.10.030 (a)-(c) I/M Prohibitions on Dumping, Excavating, Construction, in Designated Tidelands $35/185 $158/773 17.20.050 M Anchoring & Mooring Prohibited $185 $773 17.20.060 M Obstructions in Waters & Sunken Vessels $185 $773 SAN RAFAEL CITY ORDINANCES BAIL SCHEDULE – JANUARY 2018 Section Offense Base Bail Total Bail* g:\bailsche\2018citysanrafael *Does not includes $40 Court Security Fee, $35 Conviction Assessment (Infraction), $30 Conviction Assessment (Misdemeanor) EXHIBIT “A” 17.20.070 M Dangerous & Disabled Vessels $185 $773 17.30.010 I/M Vessel Speed Restrictions $35/185 $158/773 17.40.030 (a)-(h) I/M Dock Safety and Maintenance Standards for Vessels in Marinas and Private Docks $35/185 $158/773 17.40.040 I/M Sanitation Equipment and Standards for Vessels, Marinas and Private Docks $35/185 $158/773 19.10.060 I/M Open Space Regulations $35/185 $158/773 MARIN COUNTY SUPERIOR COURT MEMORANDUM TO: Marin County Chiefs of Police and Affected Agencies FROM: James M. Kim Court Executive Officer DATE: October 16, 2017 SUBJECT: ANNUAL BAIL SCHEDULE REVIEW In preparation for the annual bail schedule review conducted by the Judges of the Marin County Superior Court (in accordance with the provisions of Penal Code § 1269b(c) and California Rule of Court 4.102), I am writing to invite your agency to provide written recommendations for changes to your juridiction’s offenses. Please see the January 2017 bail schedule available online at: http://www.marincourt.org/uniform_bail_sched.htm The bail schedule reflects your agency’s current list of offenses. As part of your review, please see the questions below and discuss them with your city attorney and/or governing body.  Are there any errors in the section, type of violation, and/or description of the offense?  Have you re-numbered or re-lettered your violations?  Do you have new offenses to add? If so, please list them in the same format as your existing schedule and provide a brief explanation to help the Court in establishing an appropriate bail amount.  If you would like to change the "Total Bail" for any of your existing offenses, please provide a brief justification to the Court.  Would you like to change the severity of an offense (e.g., provide an infraction level for a violation presently listed as a misdemeanor only?) page 1 of 2 Unless there is a change in the Judicial Council authorized default bail amounts for 2018, the Court has established the following default bail amounts for any offense not specifically listed in the local ordinance schedule: Base + Additional = Total Bail/Penalty Penalties Surcharges Misdemeanor $185 + $588 = $773 + $40 (A) + $30 (B) = $843 Infraction $ 35 + $123 = $158 + $40 (A) + $35 (B) = $233 (A) The $40 fee for Court Security specified by Penal Code § 1465.8(a) is also collected on each convicted charge in addition to the stated total bail. Any bail amount you propose will include the additional $30 fee per conviction upon collection. Accordingly, if there is more than one charge listed on a complaint or citation, there may be multiple assessments of the $30 fee if the defendant is convicted on more than one charge. These collections will be remitted to the State. (B) Pursuant to California law, the Court will also add a conviction assessment of $35 for each infraction and $30 for each misdemeanor to the total bail. Felony Bail Schedule: The presumptive bail for any felony charge not listed in the Felony Bail Schedule is $10,000; however, the bail may be enhanced in the same manner as if the felony charge were listed in the Felony Bail Schedule. In order for the Court to consider your input, please respond with any proposed changes or corrections by November 15, 2017 to administration@marincourt.org or by mail to: MARIN COUNTY SUPERIOR COURT ATTN: COURT ADMINISTRATION P.O. BOX 4988 SAN RAFAEL, CA 94913-4988 Your response will be reviewed by the Judges, enabling the Court to provide your agency with a reply regarding your proposed amendments before the end of the year, subject to receipt of state-authorized bail schedule from the Judicial Council. Please be advised that the Court will no longer send out the Bail Approval Notice. It will be posted on the homepage of the Court’s website under News From the Court no later than January 1st of each year. Should you have any questions, or if you would like to request a Word version of your agency’s 2017 schedule in order to make revisions, please do not hesitate to contact me at administration@marincourt.org. Thank you for taking the time, once again, to assist the Court with this annual bail review. page 2 of 2