HomeMy WebLinkAbout06-17 - Amending Code Relating to False ReportsORDINANCE NO. 06-17
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, AMENDING CHAPTER I OF
TITLE 11 OF THE COSTA MESA MUNICIPAL CODE
RELATING TO FALSE REPORTS.
WHEREAS, California Penal Code section 148.6 provides that "[e]very person
who files any allegation of misconduct against any peace officer, as defined in Chapter
4.5 (commencing with section 830) of Title 3 of Part 2, knowing the allegation to be
false, is guilty of a misdemeanor;" and
WHEREAS, a recent federal appellate court decision has held that Penal Code
section 148.6 is unconstitutional based on viewpoint, because only those individuals
who are critical and not those who are supportive are subject to prosecution; and
WHEREAS, pursuant to Penal Code section 148.6, the Costa Mesa Municipal
Code, in section 11-15, provides that making a false allegation against a city officer or
employee is unlawful; and
WHEREAS, enforcement of section 11-15 could lead to civil rights lawsuits,
leaving the City vulnerable to expensive defense costs and judgments.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Section 11-15 of Chapter I of Title 11 of the Costa Mesa Municipal
Code is hereby deleted in its entirety:
Chapter
Sec. 11-15. Reserved.
Section 2. Any provision of the Costa Mesa Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary to
effect the provisions of this Ordinance.
Section 3. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council of the City of Costa Mesa hereby declares
that it would have adopted this Ordinance and each section, subsection, sentence, clause,
phrase, or portion thereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases or portions be declared invalid or
unconstitutional.
Section 4. The Mayor shall sign and the City Clerk shall certify to the passage
and adoption of this Ordinance and shall cause the same to be published and posted
pursuant to the provisions of law in that regard and this Ordinance shall take effect 30 days
after its final passage.
PASSED AND ADOPTED this 15`" day of August 2006.
ATTEST:
i% lie Folcik, City Cler
Allan R. Mansoor, Mayor
APPROVED AS TO FORM:
Kimberly Hall Barlow, City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, JULIE FOLCIK, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY
that foregoing Ordinance No. 06-17 was duly introduced for first reading at a regular
meeting of the City Council held on the 1' day of August, 2006, and that thereafter, said
Ordinance was duly passed and adopted at a regular meeting of the City Council held on
the 15" day of August, 2006, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS: MANSOOR, BEVER, DIXON, AND MONAHAN
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: FOLEY
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 161" day of August, 2006.
JULIE FOLCIK, CITY CLERK
(SEAL)
I hereby certify that the foregoing is the original of Ordinance No. 06-17 duly passed and
adopted by the Costa Mesa City Council at the regular meeting held August 15, 2006,
and that Summaries of the Ordinance were published in the Newport Beach -Costa Mesa
Daily Pilot on August 9 and 23, 2006.
QrWULIE FOLCIK, CITY CLERK
(SEAL) (//1