BILL NUMBER: AB 504	CHAPTERED  07/24/03

	CHAPTER  106
	FILED WITH SECRETARY OF STATE  JULY 24, 2003
	APPROVED BY GOVERNOR  JULY 23, 2003
	PASSED THE ASSEMBLY  JULY 10, 2003
	PASSED THE SENATE  JULY 7, 2003
	AMENDED IN SENATE  JUNE 18, 2003

INTRODUCED BY   Assembly Member Yee
   (Coauthor:  Assembly Member Nation)

                        FEBRUARY 18, 2003

   An act to amend Section 5560 of the Public Resources Code,
relating to parks and recreation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 504, Yee.  Parks and recreation:  park and open-space
districts: penalties.
   Existing law establishes penalties for a violation of an
ordinance, rule, or regulation regarding regional park, park and
open-space, and open-space districts.  Existing law establishes that
a violation is a misdemeanor punishable by a fine of up to $500, or
by up to 6 months imprisonment, or both.  However, the law also
provides that if the board of directors of a district determines that
the violation is an infraction, the violation is punishable by a
fine of up to $50.
   This bill would increase the maximum fine for a misdemeanor
violation to $1,000 and for an infraction to $100 for a first
violation, $200 for a second identical violation within one year, and
$500 for each additional identical violation within one year.
   This bill would incorporate additional changes in Section 5560 of
the Public Resources Code proposed by AB 1712, to be operative only
if AB 1712 and this bill are both chaptered and become effective
January 1, 2004, and this bill is chaptered last.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 5560 of the Public Resources Code is amended to
read:
   5560.  (a) Violation of an ordinance, rule, or regulation adopted
pursuant to this article is a misdemeanor punishable by a fine not to
exceed one thousand dollars ($1,000) or by imprisonment in the
county jail for a period not to exceed six months, or by both  that
fine and imprisonment, unless the board provides that a violation of
an ordinance, rule, or regulation is an infraction that is punishable
by:
   (1) A fine not exceeding one hundred dollars ($100) for a first
violation.
   (2) A fine not exceeding two hundred dollars ($200) for a second
violation of the same ordinance, rule, or regulation within one year.

    (3) A fine not exceeding five hundred dollars ($500) for each
additional violation of the same ordinance, rule, or regulation
within one year.
   (b) A municipal court that is established within the district, or
superior court in a county in which there is no municipal court, has
jurisdiction of all prosecutions under this article for violations of
an ordinance, rule, or regulation adopted by the board.
  SEC. 1.5.  Section 5560 of the Public Resources Code is amended to
read:
   5560.  (a) Violation of an ordinance, rule, or regulation adopted
pursuant to this article is a misdemeanor punishable by a fine not to
exceed one thousand dollars ($1,000) or by imprisonment in the
county jail for a period not to exceed six months, or by both that
fine and imprisonment, unless the board provides that a violation of
an ordinance, rule, or regulation is an infraction, that is
punishable by:
   (1) A fine not exceeding one hundred dollars ($100) for a first
violation.
   (2) A fine not exceeding two hundred dollars ($200) for a second
violation of the same ordinance, rule, or regulation within one year.

   (3) A fine not exceeding five hundred dollars ($500) for each
additional violation of the same ordinance, rule, or regulation
within one year.
   (b) A superior court of a county lying wholly or in part within
the district is a proper court for trial of all prosecutions under
this article for violations of an ordinance, rule, or regulation
adopted by the board.
  SEC. 2.  Section 1.5 of this bill incorporates amendments to
Section 5560 of the Public Resources Code proposed by both this bill
and AB 1712.  It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2004, (2) each
bill amends Section 5560 of the Public Resources Code, and (3) this
bill is enacted after AB 1712, in which case Section 1 of this bill
shall not become operative.