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HomeMy WebLinkAboutOrdinance 010 ORDINANCE NO. 10 ' AN ORDINANCE OF THE CITY OF ATASCADERO ESTABLISHING THE CITY OF ATASCADERO MUNICIPAL CODE, PROVIDING FOR ITS UPKEEP AND MAINTENANCE, AND PROVIDING PENALTIES FOR VIOLATIONS. ' THE COUNCIL OF THE CITY OF ATASCADERO ORDAINS as follows : Chapter 1 Adoption of Municipal Code Section 1. Declaration of purpose. ' 2. Establishment of Code. 3. Contents of Code. 4. Outline of Code. r 5. Maintenance of Code. 6 . Construction and interpretation of Code. 7. Effect of Code on past actions and obligations. 8. Validity of Code. Section 1. Declaration of purpose. The Council finds that it is desirable and in the public inter- est to establish a municipal code in order to provide a scheme of organization for the classification and grouping of ordinances which ' the Council may adopt. The Council intends in adopting ordinances of a general and permanent nature to provide for their placement in accordance with the scheme of the Code. This will provide the user with a convenient and logical compilation of the ordinances of the ' City. The Code is adopted under the provisions of Government Code Section 50022. 1-50022. 8. ' Section 2. Establishment of Code. This Code shall be known as the "Atascadero Municipal Code" . It shall be sufficient to refer to this Code as the Atascadero Municipal Code in any prosecution for the violation of any provi- sion of this Code. It shall also be sufficient to designate any ordinance adding to, amending, or repealing the provisions of this Code as an addition or amendment to, or a repeal of, the Atascadero Municipal Code, or a portion thereof. ' Section 3. Contents of Code. The Atascadero Municipal Code shall consist of all ordinances adopted by the Council which are of a general and permanent nature. G:fr -1- /31/79 ORDINANCE NO. 10 ' An ordinance relating to the following subject matter is not con- sidered an ordinance of general and permanent nature and need not be included within the Municipal Code: ' (1) The naming of streets or roads; (2) Granting, altering, or withdrawing franchises; (3) Levying real property tax; (4) Calling an election; (5) Annexation proceedings; (6) Interim zoning measure; (7) Zoning or rezoning a particular parcel of property; (8) Such other ordinances of a special or particular subject matter which the Council considers are not appropriate to a general compilation of laws of a ' general and permanent nature. Section 4. Outline of Code. (a) The ordinances of the City which are of a general and per- manent nature shall be organized and grouped according to subject matter. (b) Ordinances which are adopted from time to time shall be ' classified to and organized under the following scheme of titles: (1) General provisions (2) Administration ' (3) Finance (4) Public safety (5) Public welfare ' (6) Sanitation and health (7) Public works (8) Building regulations t (9) Planning and zoning (10) Recreation (c) The outline of titles set forth in subsection (b) may be ' amended as the Council considers necessary to maintain the ordinances of a general and permanent nature in a logical scheme of classifica- tion. ' Section 5. Maintenance 'of Code. At least three (3) copies of this Code, duly certified by the City Clerk, shall be maintained on file in the office of the City Clerk as official copies of this Code. Additional copies of this Code shall be distributed to the departments of the City as shall be prescribed by the City Clerk. Duly certified copies of each ordinance making a change in this Code shall be filed in the office of the City Clerk in books for such purpose, duly indexed for ready reference. -2 ORDINANCE NO. 10 At least semi-annually the City Clerk shall cause the loose leaf pages of this Code in which changes have been made to be reproduced, including a notation as to the ordinance number and ' the date pursuant to which such change is adopted. Such reprinted pages shall be distributed in order that the loose leaf copies of this Code, prepared for the use and convenience of the officers and employees of the City and the general public, may be brought up to date. Section 6. Construction and interpretation of Code. All the provisions of this Code and all City ordinances shall be interpreted to refer to the appropriate or designated officer or office of the City, and whether an ordinance , uniform Code, statute, or other matter which is adopted by reference refers to any depart- ment, officer, employee, inspection, police, or other function, un- less the context requires otherwise, all such references shall be to the appropriate or designated office, officer, department, agency, employee, or function of the City. Section 7. Effect of Code on past actions and obligations. Neither the adoption of this Code nor the repeal of any ordi- nance of the City by this Code shall in any manner affect the pros- ecution for the violation of any ordinance, which violation was committed prior to the effective date of this Code, nor be construed as a waiver- of any- license or penalty on such effective date due and ' unpaid under such ordinances, nor be construed as affecting any of the provisions of such ordinances relating to the collection of any such license or penalty or the penal provisions applicable to any ' violation of such ordinances , nor to affect the validity of any bond or cash deposit required to be posted, filed, or deposited pursuant to any ordinance, and all vested rights and obligationspertaining ' to such ordinances shall continue in full force and effect. Section 8. Validity of Code. If any section, subsection, sentence, clause, or phrase of this Code is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Code. ' The Council hereby declares that it would have adopted this Code and each section, subsection, sentence, clause, and phrase hereof irre- spective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional. -3- ORDINANCE NO. 10 Chapter 2 Rules of Construction iSection 9. Scope. 10. Provisions construed as restatements and continuations . 11. Tenure of officers preserved. 12. Effect of headings. 13. Meaning of section and subsection. 14. References to acts or omissions within the City. 15. Acts by deputies. 16 . Writing. 17. References to ordinances: Application to amendments. 18. Notices required: Service. 19. Notices required: Service : Proof. 20. Statute of limitations. 21. Definitions. 22. Right to appeal. 23. Appeals : Time limits for filing. 24. Appeals: Hearings : Notices . 25. Appeals: Hearings . Section 9. Scope. Unless the provisions of this Code otherwise specifically provide, or the context of this Code indicates to the contrary, the ' general provisions, rules of construction, and definitions set forth in this chapter shall govern the construction of this Code. The provisions of this Code and all proceedings under it are to be con- strued with a view to effect its objectives and to promote justice. Section 10. Provisions construed as restatements and continuations. The provisions of this Code, insofar as they are substantially the same as existing ordinances relating to the same subject matter, shall be construed as restatements and continuations and not as new enactments. Section 11. Tenure of officers preserved. All persons who, at the time this Code takes effect, hold office under any of the ordinances repealed by this Code, which offices are continued by this Code, shall continue to hold such offices in accordance with the tenure originally granted such persons. -4- r 0 r - ORDINANCE NO. 10 Section 12. Effect of headings. The title, chapter, article, and section headings contained in this Code shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of the provisions of any title, chapter, article, or section of this Code. Section 13. Meaning of section and subsection. "Section" shall mean a section of this Code , unless some other source is specifically set forth. , "Subsection" shall mean a subsec- tion of the section in which the term occurs, unless some other sec- tion is expressly set forth. Section 14. References to acts or omissions within the City. The provisions of this Code shall refer only to the omission or commission of acts within the territorial limits of the City and to that territory outside the City over which the City has jurisdic- tion or control by virtue of the Constitution of the State or any law, or by reason of ownership or control of property. Section 15. Acts by deputies . Whenever a power is granted to, or a duty is imposed upon, a public officer or employee, the power may be exercised or the duty may be performed by a deputy of such officer or employee or by a person otherwise duly authorized pursuant to law or ordinance, un- less this Code expressly provides otherwise. Section 16 . Writing. Writing includes any form of recorded message capable of com- prehension by ordinary visual ;means. Whenever any notice, report, statement, or record is required or authorized by this Code, such notice, report, statement, or record shall be made in writing in the English language, unless this Code expressly provides otherwise. rSection 17. References to ordinances: Application to amendments. Whenever any reference in this Code is made to an ordinance, the reference shall apply to such ordinance of the City, unless this Code expressly provides otherwise. Whenever any reference is made to any portion of this Code, or to any ordinance of the City, the reference shall apply to all amendments and additions to this Code. rSection 18. Notices required: Service. Whenever a notice is required to be given pursuant to the pro- visions of this Code, unless different provisions are otherwise -5- r ORDINANCE NO. 10 specifically set forth in the text of the Code, such notice may be given either by personal delivery thereof to the person to be noti- fied or by deposit in the United States mail in a sealed envelope, postage prepaid, addressed to such person to be notified at his last known business or residence address as such address appears in the public records of the City or other records pertaining to the matter to which such notice is directed. Service by mail shall ' be deemed to have been completed at the time the notice is deposited in the post office. Section 19. Notices required: Service: Proof. Proof of giving any notice required to be given pursuant to the provisions of this Code may be made by the certificate of any officer or employee of the City or by the affidavit of any person over the age of eighteen (18) years, which affidavit shows service in conformity with the provisions of this Code or other provisions of law applicable to the subject matter concerned. Section 20. Statute of limitations. When a limitation or period of time prescribed in any existing ordinance or statute for acquiring a right or barring a remedy, or for any other purpose, has begun to run before this Code goes into effect, the time which has already run shall be deemed a part of the time prescribed as such limitation. Section 21. Definitions For the purposes of this Code, unless otherwise apparent from the context, certain words and phrases used in this Code are defined as follows: (a) "Calendar year" shall mean from January 1 through December 31 of any given year. (b) "City" shall mean the City of Atascadero. (c) "City Manager shall mean the appointed official of the City who occupies the position as chief administrative officer of the City. (d) "Council" shall mean the City Council of the City of Atascadero. (e) "Councilmember" shall mean a person duly elected to the Council. (f) "County" shall mean the County of San Luis Obispo. (g) "Fiscal year" shall mean from July l of any given year through June 30 of the following year. -6- ORDINANCE NO 10 (h) "Gender" . The masculine gender shall include the feminine and neuter genders. (i) "Goods" shall mean and include wares and merchandise. (j) May shall be permissive. (k) "Month" shall mean a calendar month, unless otherwise expressed. (1) "Number" . . The singular number shall include the plural, and the plural number shall include the singular. (m) "Oath" shall include affirmation. (n) "Office" . The use of the title of any officer, employee, office, or ordinance shall mean such officer, employee, office, or ordinance of the City, unless otherwise specified. (o) "Official time standard" . Wherever certain hours are named in this Code, they shall mean standard time or daylight saving time as may be in current use in the City. (p) "Operate" shall mean and include carrying on, keeping, conducting, or maintaining. (q) "Owner" ,applied to a building or land, shall include any part owner, joint owner, tenant, tenant in common, or joint tenant of the whole or a part of such building or land. (x) "Person" shall include any person, firm, company, corpora- tion, partnership, association, public corporation, political sub- division, city (except the City of Atascadero) , the County of San Luis Obispo, any district in the County of San Luis Obispo, the State of California, or the United States of America, or any department or agency of any thereof, unless this Code expressly provides otherwise. (s) "Personal property" shall include money, goods, chattels, things in action, and evidences of debt. (t) "Property" shall include real and personal property. u "Quarterly" , where used to designate a period of time ( ) 4 y g shall mean the first three (3) calendar months of any given year or any succeeding period of three (3) calendar months. (v) "Real property" shall include land, tenements, and here- ditaments. (w) "Sale" shall include any sale, exchange, barter, or offer for sale. 0 ORDINANCE NO. 10 (x) "Shall" shall be mandatory. (y) "State shall mean the State of California. (z) "Street" shall include all streets, highways, avenues, boulevards, alleys, courts, places , squares, or other public ways in the City which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of the State. (aa) "Tenant or occupant" , applied to a building or land, shall include any person who occupies the whole or a part of such building or land, whether alone or with others. (ab) "Tense". The present tense shall include the past and future tenses, and the future tense shall include the present tense. Section 22. Right to appeal. Except where an appeals procedure is otherwise specifically set forth in this Code, any person excepting to the denial, suspension, or revocation of a permit applied for or held by him pursuant to any - of the provisions of this Code, or to any administrative decision made by any official of the City, if the denial, suspension, or revocation of .such permit or the determination of such administra- tive decision involves the exercise of administrative discretion or personal judgment exercised pursuant to any of the provisions of this Code, may appeal in writing to the Council by filing with the City Clerk a written notice of such appeal, setting forth the spe- cific grounds thereof. No appeal may be taken to any such administrative decision made by an official of the City pursuant to any of the provisions of this chapter unless such decision to appeal has been first taken up with the department head concerned and with the City Manager. No right of appeal to the Council from any administrative deci- sion made by an official of the City pursuant to any of the provi- sions of this Code shall exist when such decision is ministerial and thus does not involve the exercise of administrative discretion or personal judgment exercised pursuant to any of the provisions of this Code, whether the administrative decision involves the denial, suspension, or revocation of a permit or any other administrative decision. Section 23. appeals : Time limits for filing., g The appellant shall file a notice of appeal with the City Clerk within fourteen (14) days after the receipt of the notice of the administrative decision concerned. -8- ORDINANCE NO. 10 Section 24. Appeals: Hearings Notices. Upon the filing of the notice of appeal in proper form, the City Clerk shall place the matter on the Council agenda for the next regular meeting of the Council which will be held at least five (5) days after the date of the filing of the notice of appeal. Except in cases of emergency when the Council may determine the matter immediately, the Council shall set the matter for hearing at a sub- sequent meeting, but in no event later than thirty (30) days after the date of the filing of the notice of appeal with the City Clerk. The City Clerk shall cause a written notice of the hearing to be given to the appellant not less than five (5) days prior to such hearing, unless such notice is waived in writing by the appellant. Section 25. Appeals Hearings. At the hearing required by the provisions of Section 24 of this chapter, the appellant shall show cause on the grounds set forth in the notice of appeal why the action appealed from should not be approved. The Council may continue the hearing from time to time, and its findings on the appeal shall be final and conclusive in the matter. Chapter 3 Penalty Provisions Section 26 . Violations misdemeanors or infractions. 27. Changes of misdemeanors to infractions. 28. Prior convictions. 29. Violations deemed misdemeanors unless expressly provided otherwise. 30 . Prohibited acts . 31. Imposition of penalties. 32. Determination of punishment. 33. Place of confinement. 34. Fees, charges, licenses, and taxes made a civil debt. 35. Violations of administrative provisions. Section 26. Violations- misdemeanors or infractions,., It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this Code or the provisions of any Code adopted by reference by this Code. Any person violating any of such provisions or failing to comply with any of the mandatory requirements of this Code shall be guilty of a misdemeanor or an infraction as designated by, and provided for, in Sections 16, 17, 19c, and 19d of the Penal Code of the State and as expressly specified in Section 4000 of the Vehicle Code of the r State. Each such person shall be guilty of a separate offense for -9- 1 • ORDINANCE NO. 10 each and every day during any portion of which any violation of any provision of this Code, or the provisions of any Code adopted by reference by this Code, is committed, continued, or permitted by such person and shall be punishable accordingly. Any person convicted of a misdemeanor under the provisions of this Code shall be punishable by a fine of not more than Five Hun- dred and no/100ths ($500. 00) Dollars , or by imprisonment in the County Jail for a period not exceeding six (6) months, or by both such fine and imprisonment. Any person convicted of an infraction under the provisions of this Code shall be punishable for a first conviction by a fine of not more than Fifty and no/100ths ($50 . 00) Dollars, for a second conviction within a period of one year by a fine of not more than One Hundred and no/100ths ($100. 00) Dollars, and for a third or any subsequent conviction within a period of one year by a fine of not more than Two Hundred Fifty and no/100ths ($250. 00) Dollars . In addition to the penalties provided by this section, any condition caused or permitted to exist in violation of any of the provisions of this Code, or the provisions of any Code adopted by reference by this Code, or any subdivision, building, wiring, plumbing, or other similar activity in violation of the provisions of this Code shall be deemed a public nuisance and may be summarily abated by the City in a civil action, and each day such condition continues shall be a new and separate offense. ' Section 27. Changes of misdemeanors' to infractions. 1Any violation expressly declared to be punishable, in the dis- cretion of the court, by either a fine, or by a fine or imprisonment, or both, shall become an infraction for all purposes under any of the following circumstances: (a) Where a judgment imposes a punishment of a fine not ex- ceeding Fifty and no/100ths ($50 .00) Dollars in the case of a first offense; or (b) When the court grants probation to a defendant without the imposition of a sentence and, at the time of granting probation, or on application of the defendant or probation officer thereafter, the court declares the offense to be an infraction; or (c) When the City Attorney files in a court having jurisdiction over misdemeanor offenses a complaint specifying that the offense is an infraction, unless the defendant, at the time of his arraign- ment or plea,, objects to the offense' being made an infraction, in which event the complaint shall be amended to charge the misdemeanor, and the case shall proceed on the misdemeanor complaint. _10_ 1 1 w ORDINANCE NO. 10 Section 28. Prior convictions. Any offense which would otherwise be an infraction shall be a misdemeanor if a defendant has been convicted of three (3) or more violations of this Code, or of any ordinance of the City, or of any Code adopted by reference by this Code within a twelve (12) month period immediately preceding the commission of the offense and such prior convictions are admitted by the defendant or alleged in the accusatory pleading. For this purpose, a bail forfeiture shall be deemed to be a conviction of the offense charged. Section 29. Violations deemed misdemeanors unless expressly provided otherwise. A violation of any provision not expressly declared to be an infraction by the provisions of Sections 26 and 27 of this chapter shall .be deemed a misdemeanor pursuant to the provisions of Section 26 of this chapter. Section 30 . Prohibited acts. Whenever in this Code any act or omission is made unlawful, it shall include causing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission. 1 Section 31. Imposition of p penalties. The provisions of this Code which declare certain crimes to be punishable as therein mentioned devolve a duty upon the court authorized to pass sentence to determine and impose the punishment described. Section 32 . Determination_ of punishment. Whenever in this Code the punishment for a crime is left un- determined-between certain limits, the punishment to be inflicted in a particular case shall be determined by the court authorized to pass sentence, within such limits as may be prescribed by this Code. Section 33 Place of confinement. Every person found guilty of violating any of the provisions of this Code and sentenced to imprisonment shall be imprisoned in the County sail. Section 34. • Fee,s', charges, licenses,' and taxes made a civil debt. The amount of any fee, service charge, utility charge, license, or tax of any nature whatsoever imposed by any provision of this Code shall be deemed a civil debt owing to the City. An action may -11- ORDINANCE NO. 10 be commenced in the name of the City in any court of competent jur- isdiction ur-isdiction for the collection of the amount of any such delinquent or unpaid fee, service charge, utility charge, license, or tax, 1 together with any penalties applicable thereto as prescribed by this Code. The remedy prescribed by this section shall be cumula- tive, and the use of an action to collect such an amount as a debt by civil action shall not bar the use of any other remedy provided by this Code or by law for the purpose of enforcing the provisions thereof. Section 35. Violations of administrative provision's . The violation of any administrative provision of this Code by any officer or employee of the City may be deemed a failure to perform the duties or to observe the rules or regulations of the department, office, or board within the meaning of the rules and regulations of the City or of the civil service Iregulations of the 1 City. Chapter 4 Citation of Violators Section 36. Authority for procedure. 37. Citation for violation. 38. Time and place specified in the notice to appear. 39. Delivery of copies and release of person arrested. 40 . Filing of notice and fixing bail. 1 41. Issuance of warrant for arrest. 42 . Violation of promise to appear a misdemeanor. 43. Failure to appear. 44. Application of procedure. Section,' 36 . Authority for procedure., ' The procedure set forth in this chapter is adopted under Section 853.1-853.4 of the Penal Code of the State of California. Section 37 Citation for violation. If a person is arrested for a violation of this Code or an ordinance of the City and is not immediately taken before a magis- trate as set forth in the Penal Code of the State, the arresting officer shall prepare in duplicate a written notice to appear in court. The written notice to appear shall contain the name and address of the person arrested, the offense charged, and the time and place, where and when the person shall appear in court. l 1 -12- ORDINANCE NO. 10 ' Section 38. Time and place specified in the notice to appear. The time specified in the notice to appear must be at least five (5) days after the arrest. The place specified in the notice to appear shall be (1) the magistrate before whom the arrested per- son would be taken if the requirement of taking an arrested person before a magistrate were complied with, or (2) an officer authorized by the court to receive a deposit of bail. Section 39. Delivery of copies and release of person arrested. ! The officer shall deliver one (1) copy of the notice to appear to the arrested person. The arrested person must give his written promise to appear in court in order to be released from custody of the arresting officer by signing the duplicate notice. The officer shall retain the duplicate notice. The arresting officer shall then immediately release the person arrested from custody. Section 40. Filing of notice and fixing bail. As soon as practicable, the officer shall file the duplicate notice with the magistrate specified in the notice. Thereupon, the magistrate shall fix the amount of bail which in his judgment, in accordance with Section 1275 of the Penal Code, is reasonable and sufficient for the appearance of the defendant and shall endorse upon the notice a statement signed by him in the form set forth in Section 815 (a) of the Penal Code. The defendant may, prior to the 1 date upon which he promised to appear in court, deposit the amount of bail thus set with the magistrate. When the case is called for arraignment before the magistrate, if the defendant does not appear in person or by counsel, the magistrate may declare the bail for- feited and may in his discretion order that no further proceedings may be had in the case. Upon making of the order that no further proceedings be had, the sums deposited as bail shall be paid into the County Treasury for distribution under Section 1463 of the Penal Code. Section 41. Issuance of warrant for arrest. 1 A warrant shall not issue on the charge for the arrest of a person who gives his written promise to appear in court, unless and until he violates the promise to appear or has failed to deposit bail, or fails to appear for arraignment, trial, or judgment, or to comply with the terms and provisions of the judgment, as required by law. Section 42. Violation of promise to appear a misdemeanor. A person who willfully violates his written promise Ito appear in court is guilty of a misdemeanor regardless of the disposition of the charge upon which he was originally arrested. -13- ORDINANCE NO. 10 Section 43. Failure to appear. When a person signs a written promise to appear at the time and place specified in the written promise to appear and has not posted bail as provided in Section 40 , the magistrate shall issue and have delivered for execution a warrant for his arrest within twenty (20) days after his failure to appear as promised, or if the person promises to appear before an officer authorized to accept bail other than a magistrate and fails to do soon or before the date which he promised to appear, then, within twenty (20) days after the delivery of the written promise to appear by the officer to a magistrate having jurisdiction over the offense. When the person violates his promise to appear before an officer authorized to receive bail other than a magistrate, the officer shall immediately deliver to the magistrate having juris- diction over the offense charged the written promise to appear and Ithe complaint, if any, filed by the arresting officer. Section 44. Application of procedure. The procedure set forth in this chapter applies to each provi- sion of the Code and to each ordinance of the City if the violation of it is punishable as a misdemeanor. Chapter 5 1 Miscellaneous Provisions Section 45. Authority to compile this ordinance into code form. 46. Posting. 47. Urgency. Section 45. Authority to compile this ordinance into code form.• The City Clerk and the City Attorney are directed .to compile the first four chapters of this ordinance consisting of Sections 1 through 44 into Title 1 General Provisions of the Municipal Code in accordance with a numbering system in which the first number consists of the number of the title, followed by a dash " (-) ,, the next number being the chapter of the title, followed by a period ( . ) , and the succeeding two numbers being the section number within the chapter. Thus, Section 1 of this ordinance shall be numbered "Section 1-1.01" . Section 46., Posting. Within fifteen (15) days after the passage of this ordinance, the City Clerk shall have it posted in the three (3) public places designated by resolution of the Council. -14- ORDINANCE NO. 10 Section 47. Urgency. This ordinance is an urgency ordinance and is for the imme- diate preservation of the public peace, health, and safety. The facts constituting the urgency are these : the City of Atascadero is newly incorporated and it comprises territory formerly unincor- porated. It is necessary that this ordinance take effect immediately in order to provide a municipal code having a scheme of classifica- tion for the grouping of ordinances as they are adopted. This ordinance takes effect immediately. The foregoing ordinance was introduced, adopted, and ordered published at a meeting of the Council held on August 13 1979, by the following vote: Ayes : Councilmen Highland, Mackey, Nelson, Stover and Mayor Wilkins Noes: None Absent: None Robert J. Wi kins , Jr. , May ATTEST M f,ray I Warden, City Clerk Approved as to form: Allen Grimes, City Attorney i -15- 1 CERTIFICATION I hereby certify that the , foregoing is a full, true, and correct copy of Ordinance No. 10 passed by the Atascadero City Council at its regular Council meeting held on August 13, 1979 M RAYWARDEN y Cit Clerk ity o Atascadero, California