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Resolution 2018-10RESOLUTION NO. 2018-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING AND SETTING FORTH THE ADMINISTRATIVE PENALTY SCHEDULE AND LATE PAYMENT CHARGES FOR CERTAIN VIOLATIONS OF THE GILROY CITY CODE WHEREAS, the City of Gilroy City Council Adopted Ordinance 2004 -09, now set forth in Chapter 6A of the Gilroy City Code ( "City Code "), which established the administrative citation and administrative remedies processes for enforcing provisions of the City Code; and WHEREAS, the City of Gilroy City Council Adopted Ordinance 2006 -14, now set forth as Gilroy City Code Chapter 10A entitled "Fireworks" and amending Section 10A.11 entitled "Prohibitions on discharge" by adding a new section 1 OA. 11, subsection " (f) It shall be unlawful for any person to possess or to ignite, explode, project, or otherwise fire or use, or permit the ignition, explosion or ignition of "dangerous fireworks," as defined in California Health and Safety Code section 12505, on or at their premises at any time in the City of Gilroy. "; and WHEREAS, the California Government Code Section 36901 states that a city legislative body may impose fines, penalties, and forfeitures for violations of ordinances. It may fix the penalty by fine or imprisonment, or both. A fine shall not exceed one thousand dollars ($1,000). Imprisonment shall not exceed six months; and WHEREAS, the City of Gilroy City Council believes that penalties for the use of dangerous fireworks should be set at a level higher fine amount than other types of administrative penalties due to the distinct threat to the public health, safety and welfare by those persons found using fireworks illegally in the City of Gilroy. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GILROY AS FOLLOWS: Section 1. This Resolution hereby repeals and replaces Resolution 2006 -48 in its entirety. Section 2. The administrative penalties for violations of City Code Section 10A.11 shall be (1) five hundred dollars ($500.00) for the first violation; seven hundred fifty dollars RESOLUTION NO. 2018 -10 ($750.00) for the second violation; and a maximum of one thousand dollars ($1000.00) for each additional violation. Section 3. The administrative penalties for all violations of the City Code that do not involve violations of local building and safety codes shall be (1) one hundred dollars ($100) for a first violation; (2) two hundred dollars ($200) for a second violation within one year; and (3) five hundred dollars ($500) for each additional violation within one year. Section 4. The administrative penalties for all violations of the City Code that involve violations of local building and safety codes shall be (1) one hundred dollars ($100) for a first violation; (2) two hundred dollars ($200) for a second violation within one year; and (3) one thousand dollars ($1000) for each additional violation within one year. Section 5. Any penalty amount imposed pursuant to Chapter 6A will be deemed delinquent if it is not paid in accordance with Section 6A.15 (Payment of Penalty) and/or Section 6A.32 (Administrative Penalties). Any person who fails to pay to the City all or part of the amount of any penalty imposed on or before the date that the penalty amount is due will become liable for the payment of an additional delinquency payment. The delinquency penalty will be equal to ten percent (10 %) of the amount of the amount of the penalty remaining unpaid to the City per month. Section 6. If any section, subsection, subdivision, sentence, clause or phrase of this Resolution is for any reason held to be unconstitutional or otherwise void or invalid by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have passed this Resolution and each section, subsection, subdivision, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional. Section 7. Effective Date. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 7h day of May, 2018, by the following roll call vote: RESOLUTION NO. 2018 -10 AYES: COUNCIL MEMEBERS: BLANKLEY, BRACCO, HARNEY, LEROE- MUNOZ, TOVAR, TUCKER and VELASCO NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE ATTEST: Shawna Freels, City Clerk RESOLUTION NO. 2018 -10 I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2018 -10 is an original resolution, or true and correct copy of a city Resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 7t' day of May, 2018, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 8t' day of May, 2018. d' �c Shawna Freels, MMC City Clerk of the City of Gilroy (Seal)