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Home My WebLink AboutCC Resolution 13241 (Bail Schedule)RESOLUTION NO. 13241 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL REGARDING PROPOSED 2012 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 Presiding Judge of the Marin County Courts has requested the City of San Rafael to advise the Presiding Judge of any proposed changes to the bail schedule for violations of the San Rafael Municipal Code for inclusion in the 2012 countywide bail schedule; and WHEREAS, the text of the bail schedule for the City of San Rafael was last amended in 2009 based upon a recommendation by the City Council in 2008 by Resolution No. 12606, and has thereafter been amended by the Courts to increase the total bail amounts to reflect changes in statutory surcharges, penalties and assessments; and WHEREAS, the bail schedule now needs to be amended to reflect the changes made in the last two years to add and delete sections of the City's Municipal Code, to change the descriptive language for some SRMC Sections listed in the schedule, to provide uniformity in the base bail amounts set for first offenses, and to be consistent with the default schedule for bail amounts being recommended by the Courts. NOW THEREFORE, be it resolved by the City Council as follows: 1. That the Marin County Superior Court is requested to revise the proposed 2012 Bail Schedule for violations of provisions of the San Rafael Municipal Code to read as provided in Exhibit "A" attached hereto. 2. That the City Clerk is directed to forthwith transmit a copy of this Resolution to the Presiding Judge 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 3rd day of October, 2011 by the following vote, to wit: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS Brockbank, Connolly, Heller, Levine & Mayor Boro None None ESTHER C. BEIRNE, City Clerk SAN RAFAEL CITY ORDINANCES BAIL SCHEDULE Section Offense Base Bail Total Bail* 4.08.020- I/M Fire Code Violations $35/185 $233/828 4.08.100 4.12.030 I/M Vegetation Management Standards $35/185 $233/828 5.12.050 1 Unauthorized Person Directing Traffic $35 $233 5.32.030 1 Vehicle Driven on Sidewalk $35 $233 5.34.010 I/M Skateboards, Roller Skates, Bicycles andElectricPersonal Assistive Mobility $35/185 $233/828 Devices in prohibited areas 5.34.030 I/M Skateboards, Roller Skates, Bicycles and Electric Personal Assistive Mobility $35/185 $233/828 Devices Violating Right -of -Way of Vehicles or Pedestrians 5.36.020 I/M Pedestrian Failing to Use Crosswalk $35/185 $233/828 5.36.030 I/M Crossing Roadway at other than Right Angles $35/185 $233/828 5.36.040 UM Standing in Roadway $35/185 $233/828 5.40.040(1) I/M Repairing/Washing Vehicle on City Street Prohibited $35/185 $233/828 5.40.220 1 Removal of Parking Regulations Marks $35 $233 5.64.020 M Vehicle on Fire Road, Open Space or parklands Without Permit $185 $828 6.10.010 Marin County Animal Code § § 8.04.179 1 First Offense $35 $233 M Second & Subsequent Offenses within one year period $185 $828 M Marin County Animal Code §§ 8.04.180, 8.04.181, 8.04.182, 8.04.185, $185 $828 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. 6.10.030 1 Leash Violation $35 $233 6.10.040 1 Dogs Prohibited at Downtown Farmer's Market & other Special Events $35 $233 8.10.020 I/M Use of City Parks/Buildings without Permit $35/185 $233/828 8.10.080A I/M Use of City Parks/Buildings After Hours $35/185 $233/828 8.10.090A I/M Use of Amplified Sound in City Parks/Buildings without Permit 148 gAbadsche\2012citysanrafael *Includes $40 Court Security Fee Note: Bold and underlined items indicate additions or corrections. EXHIBIT "A" Section SAN RAFAEL CITY ORDINANCES BAIL SCHEDULE Offense Base Bail Total Bail* 8.10.090C(l) I/M Maintenance of Fire Outside Fire Pit of Park Barbecue $35/185 $233/828 8.10.090C(2) I/M Leaving a Fire on City Property without being Extinguished $35/185 $233/828 8.10.090C(3) I/M Possessing or Igniting Fireworks on City Property $35/185 $233/828 8.10.0901)(1) I/M Camping in City Parks/Buildings $35/185 $233/828 8.10.0901)(2) I/M Storing Camp Facilities or Paraphernalia in City Parks/Buildings $35/185 $233/828 8.10.090E FM Possession of Dangerous Weapon in City Parks/Buildings $35/185 $233/828 8.10.090F I/M Operation of Motorized Boats or Planes in City Parks/Buildings $35/185 $233/828 8.10.090G I/M Swimming/Wading Outside Designated Areas in City Parks $35/185 $233/828 8.10.090H I/M Golfing in City Parks/Buildings $35/185 $233/828 8.10.0901 I/M Commercial Activities in City Park or Building without Permit $35/185 $233/828 8.10.090) FM Smoking in City Building or within 100 Feet of Playground $35/185 $233/828 8.10.090K I/M Posting of Advertisements in City Parks/Buildings $35/185 $233/828 8.10.090L I/M Disorderly Conduct in City Parks/Buildings $35/185 $233/828 8.10.090M I/M Lawn Darts/Horseshoes Outside Designated Areas in City Parks $35/185 $233/828 8. 10. 1 00A -I I/M Regulations Involving Injury or Misuse of City Parks/Buildings $35/185 $233/828 8.10.90A -E I/M Regulations Involving Dogs and Pets in City Parks/Buildings $35/185 $233/828 8.10.120A -F I/M Regulations Involving Animals in City Parks/Buildings $35/185 $233/828 8.10.130A -D I/M Regulations Involving Alcohol in City Parks/Buildings $35/185 $233/828 8.10.140A -J I/M Regulations Involving Vehicles in City Parks $35/185 $233/828 8.10.150A -D I/M Regulations Involving Refuse/Pollution in City Parks/Buildings $35/185 $233/828 8.10.160 I/M Entering or Remaining in City Parks/Buildings Noticed as Closed $35/185 $233/828 8.10.170 FM Violation of City Parks/Building Regulations $35/185 $233/828 8.12.080 I/M Bill - Posting and Political Signs on Public Property Prohibited $35/185 $233/828 8.12.110 I/M Unlawful to Place Obstructions on Sidewalks $35/185 $233/828 8.12.120 I/M Duty to Trim Sidewalk Trees and Hedges $35/185 $233/828 8.12.170 I/M Discharge of Guns, Pistols & Other Weapons Prohibited $35/185 $233/828 8.12.210 FM Trespassing Upon Private Property Prohibited $35/185 $233/828 8.13.030 I/M Loud or Unusual Noises Prohibited $35/185 $233/828 8.13.040 FM Violation of General Noise Limits $35/185 $233/828 149 gAbaitsche\2012citysanrafael *Includes $40 Court Security Fee Note: Bold and underlined items indicate additions or corrections. EXHIBIT "A" SAN RAFAEL CITY ORDINANCES BAIL SCHEDULE Section Offense Base Ball Total Ball* 8.13.050 I/M Construction -Prohibited Hours/Dais $35/185 $233/828 8.14.50- 1 Smoking Ordinance Violation 8.14.110 First Offense $35 $233 Second Offense $75 $393 Third & Additional Offense $185 $828 8.18.020 1 Possession of Open Container of Alcohol near Beverage Store $35 $233 8.18.030 1 Possession of Open Container of Alcohol in City Park/Public Place $35 $233 8.18.040 I/M Consumption of Alcohol on Public Property $35/185 $233/828 8.18.050 I/M Consumption of Alcohol on Posted Private Parking Areas $35/185 $233/828 8.19.050 I/M Unruly Gatherings $35/185 $233/828 8.30.020 1 Human Habitation of a Vehicle First Offense $35 $233 Second & Subsequent Offenses within one year period $75 $393 8.35.030 I/M Graffiti Prohibited $35/185 $233/828 8.35.040 I/M Sale & Possession of Graffiti Implements Prohibited $35/185 $233/828 8.35.050 I/M Retail Seller Signs for Aerosol Containers/Graffiti Implements $35/185 $233/828 9.12.020 M Discharge into San Rafael Canal & Tributaries $185 $828 9.12.030 I/M Deposit/Maintenance of Offensive Substances $35/185 $233/828 9.12.034 I/M Littering in Public Places $35/185 $233/828 9.12.036 I/M Merchant's Duty to Keep Sidewalks Free of Litter $35/185 $233/828 9.12.040 I/M Maintenance of Weeds/Deleterious Growth Prohibited $35/185 $233/828 9.19.050 I/M Dumping/Burying of Solid Waste Prohibited $35/185 $233/828 9.19.060 FM Accumulation of Solid Waste Prohibited $35/185 $233/828 9.19.070 I/M Burning of Solid Waste Prohibited $35/185 $233/828 150 g:\bai1sche\2012citysanrafae1 *Includes $40 Court Security Fee Note: Bold and underlined items indicate additions or corrections. EXHIBIT "A" SAN RAFAEL CITY ORDINANCES BAIL SCHEDULE Section Offense Base Ball Total Ball* 9.19.090 I/M Obligation of Disposal with Authorized Refuse Agent $35/185 $233/828 9.19.100 I/M Unauthorized Removal of Recyclables $35/185 $233/828 9.19.180 FM Tampering with Sidewalk Containers/Recyclables $35/185 $233/828 9.19.190 FM Weekly Garbage Service Required $35/185 $233/828 9.20.020 M Dumping of Pollutants into Water Pollution Control System Prohibited $185 $828 9.22.050 I/M Refusal to Pay Household Hazardous Waste Fee, or Falsification of Household $35/185 $233/828 Hazardous Waste 9.23.050 I/M Falsification of Conditionally Exempt Small Quantity Generator Waste $35/185 $233/828 9.30.060 I/M Discharge of Pollutants Prohibited $35/185 $233/828 9.30.090 FM Illicit Connection & Discharge to Storm drains Prohibited $35/185 $233/828 9.30.110 FM Littering $35/185 $233/828 9.30.120 FM Maintenance of Sidewalks $35/185 $233/828 9.30.190 FM Watercourses — Prohibited Actions $35/185 $233/828 10.04.210 FM Business License Required $35/185 $233/828 10.48.030 I/M Peddling in Building Where No Peddling Sign is Posted $35/185 $233/828 10.48.040 FM Peddling without Pen -nit $35/185 $233/828 10.48.120 I/M Peddling from Fixed Location on Public Property Prohibited $35/185 $233/828 10.48.130C I/M Peddling in Manner which Interferes with Pedestrians or Vehicles $35/185 $233/828 10.48.140 I/M Peddling after 7:00 p.m. or %2 hr. after Sunset, and before 8:00 a.m. $35/185 $233/828 10.48.150A I/M Peddling with Required Identification Card in Plain Sight $35/185 $233/828 10.48.150B FM Peddling from Motor Vehicle/Mobile Unit without Required Identification $35/185 $233/828 Emblem 10.48.160 I/M Garbage Disposal by Peddlers on Public or Private Property $35/185 $233/828 10.48.180 I/M Parking and Stopping Restrictions for Peddling from Motor Vehicle/Mobile $35/185 $233/828 A I,A2, A3, Units B, C 10.60.020- I/M Taxicab Regulations $35/185 $233/828 10.60.110 151 g:\bai1sche\2012eitysanrafae1 *Includes $40 Court Security Fee Note: Bold and underlined items indicate additions or corrections. EXHIBIT "A" SAN RAFAEL CITY ORDINANCES BAIL SCHEDULE Section Offense Base Ball Total Bail* 10.90.020- I/M Massage Therat)v Regulations $35/185 $233/828 10.90.110 11.04.030 FM Encroachment Permit Required $35/185 $233/828 11.12.050 I/M Injury to/Removal of Street Tree $35/185 $233/828 12.12.010 FM California Building Code Violations $35/185 $233/828 12.14.010 I/M California Mechanical Code Violations $35/185 $233/828 12.16.010 I/M California Plumbing Code Violations $35/185 $233/828 12.20.010 I/M California Electric Code Violations $35/185 $233/828 12.21.010 I/M Property Maintenance Code Violations $35/185 $233/828 12.23.010 I/M California Green Building Standards $35/185 $233/828 12.46.030 I/M Diversion of Construction and Demolition Debris from Landfill $35/185 $233/828 14.04.020 I/M Second Dwelling Unit Built Without Use Permit and Exceeding 800 Square $35/185 $233/828 Feet or in Separate Building Not Meeting Setback or Height Requirements 14.16.020 I/M Accessory Structures $35/185 $233/828 14.16.140 I/M Fences -Heights / Locations / Materials $35/185 $233/828 14.16.220 I/M Home Occupation Ordinance . $35/185 $233/828 14.16.250 I/M Motor Vehicle Maintenance & Storage in Residential Districts $35/185 $233/828 14.17.020 I/M Animal Keeping $35/185 $233/828 14.18.190 FM RV Parking in Residential Districts $35/185 $233/828 14.19.020 I/M Sign Permit Requirement $35/185 $233/828 14.19.030 I/M Prohibited Signs $35/185 $233/828 17.10.030 I/M Prohibitions on Dumping, Excavating, Construction, in Designated Tidelands $35/185 $233/828 (a) -(c) 17.20.050 M Anchoring & Mooring Prohibited $185 $828 17.20.060 M Obstructions in Waters & Sunken Vessels $185 $828 17.20.070 M Dangerous & Disabled Vessels $185 $828 17.30.010 I/M Vessel Speed Restrictions $35/185 $233/828 17.40.030 I/M Dock Safety and Maintenance Standards for Vessels in Marinas and Private $35/185 $233/828 (a) -(h) Docks 152 gAbadsche\2012citysanrafael *Includes $40 Court Security Fee Note: Bold and underlined items indicate additions or corrections. EXHIBIT "A" SAN RAFAEL CITY ORDINANCES BAIL SCHEDULE Section Offense 17.40.040 t/M Sanitation Equipment and Standards for Vessels, Marinas and Private Docks 19.10.060 I/M Open Space Regulations 153 g:\bai1sche\2012citysanrafae1 *Includes $40 Court Security Fee Note: Bold and underlined items indicate additions or corrections. Base Bail Total Bail* $35/185 $233/828 $35/185 $233/828 EXHIBIT "A" ROUTING SLIP FOR APPROVAL OF CONTRACTS / AGREEMENTS / ORDINANCES / RESOLUTIONS INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF ORIGINAL CONTRACT / AGREEMENT / ORDINANCE / RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. SRRA / SRCC AGENDA ITEM NO: DATE OF MEETING: October 3, 2012 FROM: Eric T. Davis, Deputy City Attorney DATE: September 28, 2011 ORIGINATING DEPARTMENT: City Attorney TITLE OF DOCUMENT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL REGARDING PROPOSED 2012 BAIL SCHEDULE FOR VIOLATIONS OF THE SAN RAFAEL MUNICIPAL CODE. Eric T. Davis Deputy City Attorney 11 (LOWER HALF OF FORM FOR APPROVALS ONLY) Reviewed by City Manager Executive Director APPROVED AS TO FORM: Approved as Council Agency Agenda Item City Attorney (Signature) ❑ NOT APPROVED REMARKS: