State law establishes that Class C Misdemeanor criminal offenses are punishable by fine only, to encourage compliance by the offender, protect the community, and deter future offenses. Current minimum and maximum fine amounts are the same for repeat offenders as for those without previous convictions for the same offense. Repeat and habitual offenders may have less incentive to comply with the Zoning Ordinance if there are no additional consequences regardless of the number of convictions, making a decision that it is more convenient to continue to commit the same offense than to comply with the Zoning Ordinance.
This amendment will increase the minimum fines for repeat and habitual offenders of the same zoning offense to encourage compliance. If a person had been convicted of the same offense within the forty-eight (48) months prior to the current offense date, the minimum fine is increased to not less than $500 and not more than $2000. If a person has been convicted of the same offense twice or more within the forty-eight (48) months prior to the current offense date, the minimum fine is not less than $1000 and not more than $2000.
The Neighborhood Services Department has worked with the City Prosecutor to review and develop this ordinance amendment. In addition to the enhanced minimum fine amounts for continuing violations, the prosecutor has also recommended increasing the culpable mental state from criminally negligent to reckless. This will apply to all offenses punishable by a maximum fine greater than five hundred dollars and where the definition of the offense does not require a specific culpable mental state, to be consistent with State law.