17-643RESOLUTION NO. 17-643
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE
ADOPTING A SCHEDULE OF ADMINISTRATIVE FINES APPLICABLE TO
VIOLATIONS OF THE MENIFEE MUNICIPAL CODE
WHEREAS, State law authorizes cities to adopt and enforce their own
administrative citations and fines; and
WHEREAS, as also allowed by law, the City Council adopted Chapter
1.03 to the Municipal Code, providing an administrative citation process for
violations of City ordinances; and
WHEREAS, Chapter 1.03 provides that the City Council shall set
administrative fines by resolution; and
WHEREAS, the City Council adopted Chapter 9.86 to the Municipal Code,
providing standards for park design, landscaping, and tree preservation; and
WHEREAS, the City Council adopted Chapter 11.08 to the Municipal
Code, prohibiting certain forms of solicitation; and
WHEREAS, the City Council adopted Chapter 13.01 to the lVlunicipal
Code, establishing regulations for the use of park and recreation areas within the
City; and
WHEREAS, after due consideration, the City Council has determined to
establish a generally applicable fine schedule for City Code violations and a
specific fine schedule for certain City ordinances referenced above; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE
ORDERS AND RESOLVES AS FOLLOWS:
Section 1. Schedule of Fines: Park Use, Solicitation, Landscape Maintenance
and Tree Preservation
The fines for park use, illegal solicitation, and landscape maintenance and
tree preservation violations are set out on Exhibit A, entitled "Park Use Bail
Schedule, Solicitation Bail Schedule, Landscape Maintenance and Tree
Preservation Bail Schedule," attached and incorporated herein by this reference.
Section 2. Schedule of Fines: Administrative Citations
Except as othenryise provided in this Resolution, the administrative fines
for violation of a City ordinance shall be the same as those criminal penalties set
Administrative Fines
September 6,2017
out in California Government Code Section 36900(a) for violations of city
ordinances that constitute infractions, as follows:
. $100 for the first violation;. $200 for the second violation of the same provision when the
second violation occurs within one (1) year of the first violation; and. $250 for the third and every subsequent violation when such
violation occurs within one (1) year of the second violation.
Section 3. Late Payment Charqes: The amount of the late payment charge for a
fine paid after its due date shall be the amount of additional cost to the City to
process the later payment, which amount has been determined to be 25 percent
of the fine amount.
Section 4. Effective Date: This Resolution shall take effect on the date of its
adoption.
PASSED, APPROVED AND ADOPTED this 6th day of September 2017
Nel Winter, Mayor
Attest:Approved as to form
A.M ng,City Clerk Melching, City
2
Exhibit A
City of Menifee
Park Use Bail Schedule
Legal Code Violation Description
Fine per violation (within 12 months)
ft znd 3rd
13.01.0s0(A)Dogs not on leash, or leash greater than 6 feet Sso.oo Sso.oo s70.00
13.01.0s0(c),
13.01.080
Disposal/removal of pet waste, supervision of pet (leashed and
unleased areas)
Sgo.oo Sso.oo Szo.oo
13.01.060 Animals prohibited Sso.oo s7o.oo se0.00
13.01.070 No hunting, disturbing, chase , snare or catch animals S3so.oo
13.01.090 No skateboarding or bicycle riding or use of propelled device in
park
Sao.oo Sso.oo
13.01.100(A) Secl Skate and skateboarding (area) hours of operation s3o.oo Sso.oo Szo.oo
13.01.100(A)Sec2,
13.01.100(A) Sec9
Skating, skateboarding, inline skating, scootering only in
designated areas
Sso.oo Sso.oo
13.01.100(A) Sec3 Helmet, elbow pads, knee pads required in skateboarding areas S:o.oo Sso.oo S7o.oo
13.01.100(A) Sec4 Minors under 14 years of age require adult supervision in
skateboarding areas
Sgo.oo Sso.oo Szo.oo
13.01.100(A) Sec5 Bicycles prohibited on skate surfaces of skateboarding areas Sso.oo s7o.0o Sgo.oo
L3.01.100(A) Sec6 Alcohol and drugs prohibited in skateboarding areas sloo.oo Srzs.oo S2so.oo
13.01.100(A) SecT No littering in skateboarding areas; use trash receptacles Sloo.oo Srzs.oo s2s0.00
13.01. L00(A) SecS Graffiti and/or tagging prohibited in skateboarding areas Sloo.oo Srzs.oo s2s0.00
13.01.100(A) Sec10 Exceeding skateboarding area capacity rules sso.oo s70.00 Sgo.oo
13.01-.L10 Camping and overnight lodging prohibited Sso.oo S7o.oo se0.00
13.01.120 Fires prohibited s100.00 Srzs.oo s2s0.00
13.01.130 Model planes, rockets, golf, archery and related hazardous games
prohibited
Sao.oo Sso.oo S7o.oo
13.01.140(A,B,C)Littering, polluting, dumping and disposal prohibited sloo.oo s17s.00 Szso.oo
L3.01.150 Excessive sound prohibited s3o.oo Sso.oo Szo.oo
13.01.160(A,D)Vandalism of park property prohibited Sr.oo.oo Srzs.oo Szso.oo
13.01.160(B)Set fire to park vegetation prohibited Sloo.oo S17s.oo Szso.oo
Szo.oo
Szo.oo
Exhibit A
13.01.160(C)No trespassing in restricted areas Sso.oo Sso.oo Szo.oo
13.01.160(E),
13.01.310
Motorized vehicles prohibited Sloo.oo s17s.00 s2s0.00
13.01.160(F)No fastening animals to park structures or vegetation Sso.oo s70.00 Sgo.oo
13.01.150(G)No defacement of or damage to park property by animal/pet Sloo.oo S17s.oo Szso.oo
13.01.160(H)No fastening bicycle or motorized vehicle to park property Sso.oo Sso.oo s70.00
13.01.160(r)No defacement of regulatory signage (stickers)sloo.oo S17s.oo s2s0.00
13.01.170 Posting flyers, signs, handbills prohibited Sro.oo ss0.00 s70.00
13.01.180(A,B,C,D)No trespassing undesignated open space (stay on trails)s30.oo Sso.oo S7o.oo
13.01.1s0(A)Disorderly cond uct: offensive language proh i bited Sso.oo Sso.oo Szo.oo
13.01.1s0(B)Disorderly conduct: throwing rocks prohibited s3o.oo sso.00 s70.00
13.01.190(C)Disorderly conduct: use of firearms prohibited Sloo.oo Srzs.oo s2s0.oo
r.3.0r_.1e0(D)Disorderly conduct: use of fireworks prohibited Sroo.oo S17s.oo S2so.oo
13.01.1s0(E)Disorderly conduct: gambling prohibited Sgo.oo Sso.oo s70.00
13.01.1e0(F),
t3.oL.220
Disorderly conduct: soliciting, begging, sales, commercial
operation prohibited
s3o.oo Sso.oo s70.00
13.01.1s0(G)Disorderly conduct: climbing on non-play structure prohibited Sso.oo Sso.oo s70.00
13.01.200 Alcohol prohibited s100.00 s17s.00 s2s0.00
13.01.210 Controlled substances prohibited Sroo.oo S17s.oo Szso.oo
13.01.230 Carry and use of firearms, fireworks, toy weapons prohibited Sloo.oo S17s.oo s2s0.o0
13.O7.240 Dangerous weapons prohibited (blade, knife)Sroo.oo sL7s.oo s2s0.00
13.01.250 Park hours and closure Sso.oo Sso.oo Szo.oo
13.01.260 Facility reservations and permits required Sao.oo Sso.oo Szo.oo
13.01.280 Restroom use SEo.oo ss0.00 s70.00
13.01.290 Smoking prohibited Sso.oo Sso.oo Szo.oo
13.01.300 Vehicle maintenance prohibited Sso.oo sso.0o s70.00
13.01.320 Recreational vehicles prohibited Sso.oo Sso.oo s70.00
13.01.330 No fishing, boating, sailing in bodies of water S:o.oo Sso.oo Szo.oo
Exhibit A
City of Menifee
Solicitation Bail Schedule
Legal Code Violation Description
Fine per violation (within 12 months)
ft 2nd 3rd
11.08.030(4)No solicitations within 25 feet of banks and ATMs Sso.oo s70.00 Sgo.oo
11.08.030(B)No solicitations at public parking lots and parking structures sso.oo s70.00 Sgo.oo
L1.08.030(c)No solicitations on public transit vehicle and within 50 feet of
posted public transit vehicle stops
Sso.oo S7o.oo Sgo.oo
11.08.030(D)No solicitations at gas stations and fuel pumps Sso.oo S7o.oo Sso.oo
11.08.030(E)No solicitations within 25 feet of shopping, retail, and business
center driveways
Sso.oo s70.00 Sgo.oo
11.08.030(F) Secl No lingering on medians and parkways Sso.oo S7o.oo Sgo.oo
11.08.030(F) Sec2 No loitering on medians and parkways Sso.oo s70.00 Sgo.oo
11.08.030(F) Sec3 No solicitations on medians and parkways Sso.oo s70.00 Sgo.oo
11.08.030(G)No solicitations at dining establishments Sso.oo Szo.oo Sgo.oo
11.08.030(H)No solicitations in public parks and trails Sso.oo s7o.o0 Sgo.oo
11.08.040 Aggressive solicitations prohibited Sroo.oo s17s.00 s2s0.00
Exhibit A
City of Menifee
Landscape Maintenance and Tree Preservation Bai! Schedule
Legal Code Violation Description
Fine per violation (within 12 months)
1st 2nd 3rd
9.86.090(A)SecL Landscape to be clean and weed/disease free, with healthy plant
material
sso.oo s7o.0o Sgo.oo
9.86.090(A)Sec2 lrrigation equipment in working condition sso.oo S7o.oo ss0.00
9.86.090(A)Sec3 Litter removed from landscape s30.oo Sso.oo S7o.oo
9.86.090(A)Sec4 Lawn areas mowed regularly Sgo.oo Sso.oo s70.00
9.86.090(A)Sec5 Pruning, cultivating, wedding, and plant replacement on regular
basis
Sso.oo s70.00 Sgo.oo
9.86.090(A)Sec6 Landscape kept so as to not harbor rats, vermin or other nuisances Sso.oo S7o.oo Sgo.oo
9.86.090(A)Sec7 Removal ofdead, decaying and/or hazardous trees and vegetation
in public and private property
Sso.oo S7o.oo Sgo.oo
9.86.090(A)Sec8 Replacement of landscaping/plants/trees with similar size and
maturity species
Sgo.oo Sso.oo s70.00
s.86.0e0(B)Prohibition on use of landscaped areas Sloo.oo S17s.oo s2s0.00
9.86.110(A)Trees overhanging street/hazard or threat to safety Sso.oo s70.00 Sgo.oo
9.86.110(B) Sec1,
9.86.1.10(V)
Nuisance trees: traffic light visibility, intersection proximity line of
sight
Sso.oo S7o.oo Sgo.oo
9.86.110(B) Sec2 Nuisance trees: diseases, insect infestation Sso.oo s70.00 Sgo.oo
9.86.110(B) Sec3 Nuisance trees: tree roots/canopy impacting utilities, sidewalks,
roadways
5so.oo S7o.oo $so.oo
9.86.110(B) Sec4 Nuisance trees: tree impacting public facilities and ADA
accessibility
Sroo.oo s17s.00 s2s0.00
e.86.110(E)Tree removal by explosives prohibited Sloo.oo s17s.00 s2s0.00
9.86.1L0(F)lnjury/vandalism to parkway trees prohibited Sr.oo.oo S17s.oo s2s0.00
e.86.110(G)Physical damage to tree and roots from private construction
prohibited
Sloo.oo s17s.00 s2s0.00
Exhibit A
e.86.110(H)lvy and climbing plants maintained away from tree trunk and
canopy
Sso.oo Szo.oo se0.00
9.86.110(t,J),
9.86.130
Tree/root protection d u ri n g i m provements required Sso.oo s70.00 seo.oo
s.86.110(K)Tree topping prohibited s100.00 S17s.oo s2so.0o
9.86.110(L)Parkway tree clearance requirement Sso.oo s70.00 se0.oo
9.86.110(M)Trees on private property; clearance requirement Sso.oo Szo.oo Sgo.oo
9.86.110(N,O)Trimming/removal of public trees by contiguous property owner Sroo.oo S17s.oo s2s0.00
9.86.11_0(P,Q)Parkway plants and plants along property line to be maintained by
property owner
Sso.oo S70.oo Sgo.oo
e.86.1r.0(u)Street tree planting to be approved and inspected by City Sso.oo s70.oo Sgo.oo
e.86.110(w)Thorn bearing plants in parkways prohibited Sso.oo s70.00 seo.oo
9.86.110(X)Planting of trees adjacent to parkway prohibited Sr.oo.oo Srzs.oo s2s0.00
Neil R. Winter
Moyor
Greg August
Councilmember
Lesa A. Sobek
Councilmember
John V. Denver
Councilmember
STATE OF CALTFORNTA )
COUNTY OF RIVERSIDE ) ss
ctTY oF MENTFEE )
l, Sarah A. Manwaring, City Clerk of the City of Menifee, do hereby certify that
the foregoing Resolution No. 17-643 was duly adopted by the City Council of the
City of Menifee at a meeting thereof held on the 6th day of September,2017 by
the following vote:
Ayes:
Noes:
Absent:
Abstain
August, Denver, Liesemeyer, Sobek, Winter
None
None
None
A.M ng'City
Matthew [iesemeyer
Moyor Pro Tem
297t4 Haun Road
Menifee, CA 92585
Phone 95r.672.6777
Fax95r.679.3843
www.cityofmenifee.us