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Home My WebLink AboutCC Resolution 13628 (Bail Schedule)RESOLUTION NO. 13628 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL REGARDING PROPOSED 2014 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 ("SRMC") for inclusion in the 2014 countywide bail schedule; and WHEREAS, the text of the bail schedule for the City of San Rafael was last amended in 2013 based upon a recommendation by the City Council in 2012 by Resolution No. 13423; and WHEREAS, the bail schedule now needs to be amended to reflect the changes made in the last year to delete a section of the City's Municipal Code, to change the descriptive language for some SRMC Sections listed in the schedule, 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 2014 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, 1, 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 21s` day of October, 2013 by the following vote, to wit: AYES: COUNCILMEMBERS: Connolly, Heller, McCullough & Mayor Phillips NOBS: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Colin 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 $162/777 4.08.100 4.12.030 I/M Vegetation Management Standards $35/185 $162/777 5.12.050 I Unauthorized Person Directing Traffic $35 $162 5.32.030 1 Vehicle Driven on Sidewalk $35 $162 5.34.010 UM Skateboards, Roller Skates, Bicycles and Electric Personal Assistive Mobility $35/185 $162/777 Devices in prohibited areas 5.34.030 I/M Skateboards, Roller Skates, Bicycles and Electric Personal Assistive Mobility $35/185 $162/777 Devices Violating Right -of -Way of Vehicles or Pedestrians 5.36.020 UM Pedestrian Failing to Use Crosswalk $35/185 $162/777 5.36.030 I/M Crossing Roadway at other than Right Angles $35/185 $162/777 5.36.040 I/M Standing in Roadway $35/185 $162/777 5.40.040(1) I/M Repairing/Washing Vehicle on City Street Prohibited $35/185 $162/777 5.40.220 1 Removal of Parking Regulations Marks $35 $162 5.64.020 M Vehicle on Fire Road, Open Space or parklands Without Permit $185 $777 6.10.010 Marin County Animal Code §§ 8.04.179 I First Offense $35 $162 M Second & Subsequent Offenses within one year period $185 $777 M Marin County Animal Code § § 8.04.180, 8.04.181, 8.04.182, 8.04.185, $185 $777 8.04.200, 8.04.225, 8.04226, 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 $162 6.10.040 I Dogs Prohibited at Downtown Farmer's Market & other Special Events $35 $162 8.10.020 IiM Use of City Parks/Buildings without Permit $35/185 $162!777 8.10.080A UM Use of City Parks/Buildings After Hours $35/185 $162;'777 8.10.090A FM Use of Amplified Sound in City Parks/'Buildings without Permit $162/777 'Does not includes $40 Court Securitv Fee; $35 Conviction Assessment (Infraction). $30 Conviction Assessment (Misdemeanor) Note: Bold and underlined items indicate additions or corrections. EXHIBIT "A" SAN RAFAEL CITY ORDINANCES BAIL SCHEDULE Section Offense Base Bail Total Bail* 8.10.090C(l) I/M Maintenance of Fire Outside Fire Pit of Park Barbecue $35/185 $162/777 8.10.090C(2) I/M Leaving a Fire on City Property without being Extinguished $35/185 $162/777 8.10.090C(3) I/M Possessing or Igniting Fireworks on City Property $35/185 $162/777 8.10.0901)(1) I/M Camping in City Parks/Buildings $35/185 $162/777 8.10.0901)(2) I/M Storing Camp Facilities or Paraphernalia in City Parks/Buildings $35/185 $162/777 8.10.090E I/M Possession of Dangerous Weapon in City Parks/Buildings $35/185 $162/777 8.10.090F I/M Operation of Motorized Boats or Planes in City Parks/Buildings $351185 $162/777 8.10.090G I/M Swimming/Wading Outside Designated Areas in City Parks $35/185 $162/777 8.10.090H FM Golfing in City Parks/Buildings $35/185 $162/777 8.10.0901 I/M Commercial Activities in City Park or Building without Permit $35/185 $162/777 8.10.0901 FM Smoking in City Building or within 100 Feet of Playground $35/185 $162/777 8.10.090K I/M Posting of Advertisements in City Parks/Buildings $35/185 $162/777 8.10.0901- I/M Gambling in City Parks/Buildings $35/185 $162/777 8.10.090M I/M Disorderly Conduct in City Parks/Buildings $35/185 $162/777 8.10.090N I/M Lawn Darts/Horseshoes Outside Designated Areas in City Parks $35/185 $162/777 8.10.100A-1 I/M Regulations Involving Injury or Misuse of City Parks/Buildings $35/185 $162/777 8.10.90A -E FM Regulations Involving Dogs and Pets in City Parks/Buildings $35/185 $162/777 8.10.120A -F FM Regulations Involving Animals in City Parks/Buildings $35/185 $162/777 8.10.130A -D FM Regulations Involving Alcohol in City Parks/Buildings $35/185 $162/777 8.10.140A -J I/M Regulations Involving Vehicles in City Parks $35/185 $162/777 8.10.150A -D I'M Regulations Involving Refuse/Pollution in City Parks/Buildings $35/185 $162/777 8.10.160 I/M Entering or Remaining in City Parks/Buildings Noticed as Closed $35/185 $162/777 8.10.170 IiM Violation of City Parks/Building Regulations $35/185 $162/777 8.12.080 I/M Bill - Posting and Political Signs on Public Property Prohibited $35/185 $162/777 8.12.110 1/M Unlawful to Place Obstructions on Sidewalks $35;185 $162/777 8.12.120 FM Duty to Trim Sidewalk Trees and Hedges $351/185 $162,1777 8.12.170 I/NI Discharge of Guns, Pistols & Other Weapons Prohibited $351'185 $162/777 8.12.210 L M Trespassing Upon Private Property Prohibited $35/185 $162x`777 8.13.030 1r1\4 Loud or Unusual Noises Prohibited $35'185 5162/777 8.13.040 I/M Violation of General Noise limits 535/185 $162/777 g. ' basl�el3� �U l atilt s.tit? at.lc� *Does not includes $40 Court Security Fee. $33 Conviction Assessment (Infraction). X30 Conviction Assessment ('vtisderneanor) "vote- Bold and underlined items indicate additions or corrections. EXHIBIT "A" SAN RAFAEL CITY ORDINANCES BAIL SCHEDULE Section Offense Base Bail Total Bail* 8.13.050 I/M Construction -Prohibited Hours/Days $35/185 $162/777 8.18.020 I/M Possession of Open Container of Alcoholic Beverage Near Liquor Stores $35/185 $162/777 8.18.030 I/M Consumption of an Alcoholic Beverage or Possession of an Open Container of $35/185 $162/777 an Alcoholic Beverage on City Public Property 8.18.050 I/M Consumption of an Alcoholic Beverage or Possession of an Open Container of $35/185 $162/777 an Alcoholic Beverage on Parking Lots or Landscaped Areas on Private Property 8.19.050 I/M Unruly Gatherings $35/185 $162/777 8.30.020 I Human Habitation of a Vehicle First Offense $35 $162 Second & Subsequent Offenses within one year period $75 $326 8.35.030 I/M Graffiti Prohibited $35/185 $162/777 8.35.040 I/M Sale & Possession of Graffiti Implements Prohibited $35/185 $162/777 8.35.050 I/M Retail Seller Signs for Aerosol Containers/Graffiti Implements $35/185 $162/777 9.04.050 I/M Prohibition of Smoking in Public Places, Places of Employment, and Certain $35/185 $162/777 Other Areas 9.04.060 I/M Nonsmoking Buffer Zones $35/185 $162/777 9.04.070 L'M Smoking Restrictions in New and Existing Units in Duplexes and Multi- $35/185 $162/777 Family Residences 9.04.100 FM Smoking Prohibited by Law in Units and Common Areas $35/185 $162/777 9.04.110 UM Other Requirements and Prohibitions $35/185 $162/777 9.12.020 M Discharge into San Rafael Canal & Tributaries $185 $777 9.12.030 1/lN1 Deposit/Maintenance of Offensive Substances $35!185 $162,1777 9.12.034 I/M Littering in Public Places $35/185 $162/777 9.12.036 FM Merchant's Duty to Keep Sidewalks Free of hitter $35'185 $162'777 isil,ct�.2ii-}cacsaiafaei *Does not includes $40 Court Security Fee, S3 Conviction Assessment (Infraction). S30 Conviction Assessment (Misdenneanor) Note: Bold and underlined items indicate additions or corrections. EXHIBIT "A" SAN RAFAEL CITY ORDINANCES BAIL SCHEDULE Section Offense Base Bail Total Bail* 9.12040 I/M Maintenance of Weeds/Deleterious Growth Prohibited $35/185 $162/777 9.19.050 I/M Dumping/Burying of Solid Waste Prohibited $35/185 $162/777 9.19.060 I/M, Accumulation of Solid Waste Prohibited $35/185 $162/777 9.19.070 I/M Burning of Solid Waste Prohibited $35/185 $162/777 9.19.090 I/M Obligation of Disposal with Authorized Refuse Agent $35/185 $162/777 9.19.100 I/M Unauthorized Removal of Recyclables $35/185 $162/777 9.19.180 UM Tampering with Sidewalk Containers/Recyclables $35/185 $162/777 9.19.190 I/M Weekly Garbage Service Required $35/185 $162/777 9.20.020 M Dumping of Pollutants into Water Pollution Control System Prohibited $185 $777 9.22.050 I/M Refusal to Pay Household Hazardous Waste Fee, or Falsification of Household $35/185 $162/777 Hazardous Waste 9.23.050 I/M Falsification of Conditionally Exempt Small Quantity Generator Waste $35/185 $162/777 9.30.060 I/M Discharge of Pollutants Prohibited $35/185 $162/777 9.30.110 I/M Littering $35/185 $162/777 9.30.120 I/M Maintenance of Sidewalks $35/185 $162/777 9.30.190 I/M Watercourses — Prohibited Actions $35/185 $162/777 10.04.210 I/M Business License Required $35/185 $162/777 10.48.030 I/M Peddling in Building Where No Peddling Sign is Posted $35/185 $162/777 10.48.040 I/M Peddling without Permit $35/185 $162/777 10.48.120 UM Peddling from Fixed Location on Public Property Prohibited $35/185 $162/777 10.48.130C I/M Peddling in Manner which Interferes with Pedestrians or Vehicles $35/185 $162/777 10.48.140 I/M Peddling after 7:00 p.m. or',% hr. after Sunset, and before 8:00 a.m. $35/185 $162/777 10.48.150A FM Peddling with Required Identification Card in Plain Sight $35/185 $162/777 10.48.150B 1/M Peddling from Motor Vehicle/Mobile Unit without Required Identification $35/185 $162'777 Emblem 10.48.160 I/M Garbage Disposal by Peddlers on Public or Private Property $35/185 $162/777 10.48.180 I/M Parking and Stopping Restrictions for Peddling fi-om Motor Vehicle/1%lobile $35/185 $1621/777 A I _A2. A3, Units B, C �haictae'(illc;ts>anra+ari *Does not includes $40 Court Security Fee. S35 Lomictlon Assessment (Infraction)_ $30 Conviction ,AssessIlient (Misclemeanor) Vote: Bold and underlined (terns (Medicate additions or corrections. EXHIBIT ecA" SAN RAFAEL CITY ORDINANCES BAIL SCHEDULE Section Offense Base Bail Total Bail* 10.60.020- UM Taxicab Regulations $35/185 $162/777 10.60.110 10.90.020- FM Massage Therapy Regulations $35/185 $162/777 10.90.110 10.92.020 FM Prohibition on Polystyrene Foam Disposable Food Packaging by Retail Food $35/185 $162/777 Vendors 11.04.030 FM Encroachment Permit Required $35/185 $162/777 11.12.050 I/M Injury to/Removal of Street Tree $35/185 $162/777 12.12.010 UM California Building Code Violations $35/185 $162/777 12.14.010 I/M California Mechanical Code Violations $35/185 $162/777 12.16.010 I/M California Plumbing Code Violations $35/185 $162/777 12.20.010 I/M California Electric Code Violations $35/185 $162/777 12.21.010 I/M Property Maintenance Code Violations $35/185 $162/777 12.23.010 I/M California Green Building Standards $35/185 $162/777 12.46.030 I/M Diversion of Construction and Demolition Debris from Landfill $35/185 $162/777 14.04.020 I/M Second Dwelling Unit Built Without Use Permit and Exceeding 800 Square $35/185 $162/777 Feet or in Separate Building Not Meeting Setback or Height Requirements 14.16.020 UM Accessory Structures $35/185 $162/777 14.16.140 UM Fences -Heights / Locations / Materials $35/185 $162/777 14.16.220 UM Home Occupation Ordinance $35/185 $162/777 14.16.250 UM Motor Vehicle Maintenance & Storage in Residential Districts $35/185 $162/777 14.17.020 I/M Animal Keeping $35/185 $162/777 14.18.190 FM RV Parking in Residential Districts $35/185 $162/777 14.19.041 UM Sign Permit Requirement $35/185 $162/777 14.19.053 FM Location, Placement and Design of Signs $35/185 $162/777 14.19.070 UM Temporary Signs $35/185 $162/777 14.19.080 I/M Prohibited Signs $35;185 $162/777 17.10.030 V.1\4 Prohibitions on Dumping. Excavating, Construction. in Designated Tidelands $351185 $162/777 (a) -(c) 17.20.050 N1 Anchoring & Mooring Prohibited $185 $777 ba;ischc'.�.rJ 3 4c;t� •:uiiaiac 'Does not includes S40 Court SecurityFee, S35 Conviction Asse,sment (Infraction), S30 Conviction Assessment (Misdemeanor) 'rote: Bold and underlined items indicate additions or corrections. EXHIBIT "A" SAN RAFAEL CITY ORDINANCES BAIL SCHEDULE Section Offense Base Bail Total Bail* 17.20.060 M Obstructions in Waters & Sunken Vessels $185 $777 17.20.070 M Dangerous & Disabled Vessels $185 $777 17.30.010 I/M Vessel Speed Restrictions $35/185 $162/777 17.40.030 UM Dock Safety and Maintenance Standards for Vessels in Marinas and Private $35/185 $162/777 (a) -(h) Docks 17.40.040 I/M Sanitation Equipment and Standards for Vessels, Marinas and Private Docks $35/185 $162/777 19.10.060 I/M Open Space Regulations $35/185 $162/777 1riik Ete\2s,t4citG,,anrafad *Does not includes S40 Court Security Fee. S35 Conviction Assessment (infraction). S30 Conviction Assessment (Misdemeanor) 'Note: Bold and underlined items indicate additions or corrections. EXHIBIT "A"