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