LAKEPORT — The first set of court appearances resulting from alleged violations of the new quagga mussel ordinance got off to a rough start for three defendants on Monday.
Of the three men cited for violations and scheduled to appear before a judge at the Lake County Courthouse Monday, two did not show up for their mandatory appearances and the other arrived late after first traveling to a Colusa County court by mistake.
Earlier this year, the Lake County Board of Supervisors (BOS) approved an ordinance amending the Lake County Code establishing new consequences for boaters who launch or attempt to launch boats that have not met inspection and sticker requirements.
The new ordinance made such violations a misdemeanor punishable by a $1,000 fine and/or up to six months in the county jail. Violations had previously been deemed infractions.
James M. Joseph, the only defendant to appear in court Monday, faces two misdemeanor counts for alleged sticker violations. The Sacramento resident said he “had no knowledge that the law had been changed” when he was cited in April.
Joseph said he had last launched his boat into Clear Lake three years ago and was under the impression that the red sticker he received then was a lifetime indicator. Though he expressed an interest in settling the case Monday, Joseph filed a request for a public defender after considering a plea offer made in open court of either paying the $1,000 fine or serving five days in jail.
Visiting Judge William McKinstry appointed a local public defender to represent Joseph, who will next appear in court on June 14 at 10 a.m.
“They should”ve notified people about (the change),” said Joseph, who added that he would have paid for an updated sticker had he known it was required.
McKinstry issued bench warrants for the two defendants who failed to appear Monday. Andre S. Holtzclaw faces one misdemeanor charge for an alleged sticker violation, and
Richard M. Martinez faces two misdemeanors associated with an alleged violation.
Monday”s scheduled court appearances for all three men marked the first time cases handled by the Lake County District Attorney”s Office pertaining to the new ordinance appeared before a local judge, according chief deputy district attorney Richard Hinchcliff.
The DA”s Office is currently handling six cases related to alleged violations of the quagga ordinance, Hinchcliff said.
A violation conviction could cost nearly $2,700 because other court-related fines and fees, which would be roughly 170 percent of the base fine, Hinchcliff said.
Contact Jeremy Walsh at jwalsh@record-bee.com or call him at 263-5636, ext. 37.
