IMPARTIAL ANALYSIS BY THE CITY ATTORNEY OF PROPOSITION MM

 
     Santa Monica City Charter section 620 establishes that the violation of any ordinance of the City shall constitute a crime which may be prosecuted in the name of the people of the State of California or redressed by civil action.  Section 620 also specifies that the maximum fine or penalty for such crime shall be $500.00, or imprisonment for a time period not exceeding six months, or both.  It is unclear whether this $500.00 limit applies only to criminal penalties or whether it applies to civil fines as well.  It was apparently part of the original City Charter, and it has not been raised for over fifty years.

     This measure would amend section 620 to specify that the $500 limit does not prohibit the City from adopting civil penalties or fines which are higher in amount.  This change would clarify or increase the City's ability to enforce local laws through the imposition of appropriate civil penalties, including administrative fines.  However, a fine for any particular type of violation would need to be established by ordinance, and no person could be fined without due process.

PREPARED BY:  Marsha Jones Moutrie, City Attorney
                               Joseph Lawrence, Assistant City Attorney

 

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