Chapter 10 — GENERAL PROVISIONS

This codification of ordinances by and for the city of Baldwin Park shall be designated as the Code of Baldwin Park and may be so cited.

Statutory reference:

Code adoption, see Cal. Gov't Code §§ 50022.1 - 50022.10

Unless otherwise provided herein, or by law or implication required, the same rules of construction, definition, and application shall govern the interpretation of this code as those governing the interpretation of state law.

All provisions of Title I compatible with future legislation, shall apply to ordinances hereafter adopted amending or supplementing this code unless otherwise specifically provided.

Headings and captions used in this code other than the title, chapter, and section numbers are employed for reference purposes only and shall not be deemed a part of the text of any section.

(A) General rule. Words and phrases shall be taken in their plain, or ordinary and usual sense. However, technical words and phrases having a peculiar and appropriate meaning in law shall be understood according to their technical import.

(B) For the purpose of this code, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CASH DEPOSIT. Whenever this code requires a cash deposit for any purpose, a valid and sufficient corporate surety bond may be deposited in lieu thereof, if approved by the City Manager. ('83 Code, § 1.04.030)

CITY, MUNICIPAL CORPORATION, or MUNICIPALITY The city of Baldwin Park, California. CITY MANAGER. The duly appointed and acting City Manager of the city. ('83 Code, § 1.04.030)

CODE, THIS CODE or THIS CODE OF ORDINANCES. This municipal code as modified by amendment, revision, and adoption of new titles, chapters, or sections.

COUNCIL. The City Council of the city.

COUNTY. Los Angeles County, California.

DIRECTOR OF PUBLIC WORKS. The duly appointed and acting Director of Public Works. ('83 Code, § 1.04.030)

DIRECTOR OF ADMINISTRATIVE SERVICES. The duly appointed and acting Director of Administrative Services.

('83 Code, § 1.04.030)

DIRECTOR OF COMMUNITY DEVELOPMENT. The duly appointed and acting Director of Community Development of the city.

('83 Code, § 1.04.030)

DIRECTOR OF HUMAN SERVICES. The duly appointed and acting Director of Human Services.

('83 Code, § 1.04.030)

FIRE CHIEF. The Fire Chief of the city.

('83 Code, § 1.04.030)

POLICE CHIEF. The Police Chief of the city.

('83 Code, § 1.04.030)

MAY. The act referred to is permissive.

MONTH. A calendar month.

OATH. An affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words SWEAR and SWORN shall be equivalent to the words AFFIRM and AFFIRMED .

OFFICER, OFFICE, EMPLOYEE, COMMISSION, or DEPARTMENT . An officer, office, employee,

commission, or department of this city unless the context clearly requires otherwise.

OWNER. As applied to a building, land or personal property, means any part owner, joint owner, tenant, of the whole or a part thereof.

('83 Code, § 1.04.030)

PERSON. Extends to and includes person, persons, firm, corporation, copartnership, trustee, lessee, or receiver. Whenever used in any clause prescribing and imposing a penalty, the terms PERSON or WHOEVER as applied to any unincorporated entity shall mean the partners or members thereof, and as applied to corporations, the officers or agents thereof.

PRECEDING or FOLLOWING. Next before or next after, respectively.

SHALL. The act referred to is mandatory.

SIGNATURE or SUBSCRIPTION. Includes a mark when the person cannot write.

STATE. The State of California.

SUBCHAPTER. A division of a chapter, designated in this code by a heading in the chapter analysis and a

capitalized heading in the body of the chapter, setting apart a group of sections related by the subject matter of the heading. Not all chapters have subchapters.

TENANT or OCCUPANT. As applied to a building or land, includes any person who occupies the whole or part of the building or land, whether alone or with others, or a person who is entitled to the occupancy. ('83 Code, § 1.04.030)

WRITTEN. Any representation of words, letters, or figures, whether by printing or otherwise.

YEAR. A calendar year, unless otherwise expressed; equivalent to the words YEAR OF OUR LORD.

§ 10.06 RULES OF INTERPRETATION.

The construction of all ordinances of this city shall be by the following rules, unless such construction is plainly repugnant to the intent of the City Council or of the context of the same ordinance:

(A) AND or OR. Either conjunction shall include the other as if written "and/or," if the sense requires it.

(B) Acts by assistants. When a statute or ordinance requires an act to be done which, by law, an agent or deputy as well may do as the principal, such requisition shall be satisfied by the performance of such act by an authorized agent or deputy.

(C) Gender; singular and plural; tenses. Words denoting the masculine gender shall be deemed to include the feminine and neuter genders; words in the singular shall include the plural, and words in the plural shall include the singular; the use of a verb in the present tense shall include the future, if applicable.

(D) General term. A general term following specific enumeration of terms is not to be limited to the class enumerated unless expressly so limited.

If any provision of this code as now or later amended or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions that can be given effect without the invalid provision or application.

Whenever in one section reference is made to another section hereof, such reference shall extend and apply to the section referred to as subsequently amended, revised, recodified, or renumbered unless the subject matter is changed or materially altered by the amendment or revision.

Reference to a public office or officer shall be deemed to apply to any office, officer, or employee of this city exercising the powers, duties, or functions contemplated in the provision, irrespective of any transfer of functions or change in the official title of the functionary.

If a manifest error is discovered, consisting of the misspelling of any words; the omission of any word or words necessary to express the intention of the provisions affected; the use of a word or words to which no meaning can be attached; or the use of a word or words when another word or words was clearly intended to express such intent, such spelling shall be corrected and such word or words supplied, omitted, or substituted as will conform with the manifest intention, and the provisions shall have the same effect as though the correct words were contained in the text as originally published. No alteration shall be made or permitted if any question exists regarding the nature or extent of such error.

The official time, as established by applicable state/federal laws, shall be the official time within this city for the transaction of all city business.

(A) In all cases where an ordinance requires an act to be done in a reasonable time or requires reasonable notice to be given, reasonable time or notice shall be deemed to mean the time which is necessary for a prompt performance of such act or the giving of such notice.

(B) The time within which an act is to be done, as herein provided, shall be computed by excluding the first day and including the last. If the last day be Sunday, it shall be excluded.

This code, from and after its effective date, shall contain all of the provisions of a general nature pertaining to the subjects herein enumerated and embraced. All prior ordinances pertaining to the subjects treated by this code shall be deemed repealed from and after the effective date of this code.

All ordinances of a temporary or special nature and all other ordinances pertaining to subjects not embraced in this code shall remain in full force and effect unless herein repealed expressly or by necessary implication.

• (A) Ordinances take effect 30 days after their final passage.

• (B) An ordinance takes effect immediately, if it is an ordinance:

• (1) Relating to an election;

• (2) For the immediate preservation of the public peace, health or safety, containing a declaration of the facts constituting the urgency, and is passed by a four-fifths vote of the City Council;

• (3) Relating to street improvement proceedings;

• (4) Relating to taxes for the usual and current expenses of the city; or

• (5) Covered by particular provisions of law prescribing the manner of its passage and adoption.

• (Cal. Gov't Code § 36937)

(A) Whenever any ordinance or part of an ordinance shall be repealed or modified by a subsequent ordinance, the ordinance or part of an ordinance thus repealed or modified shall continue in force until the due publication of the ordinance repealing or modifying it when publication is required to give effect thereto, unless otherwise expressly provided.

(B) No suit, proceedings, right, fine, forfeiture, or penalty instituted, created, given, secured, or accrued under any ordinance previous to its repeal shall in any way be affected, released, or discharged, but may be prosecuted, enjoyed, and recovered as fully as if the ordinance had continued in force unless it is otherwise expressly provided.

(C) When any ordinance repealing a former ordinance, clause, or provision shall be itself repealed, the repeal shall not be construed to revive the former ordinance, clause, or provision, unless it is expressly provided.

(A) If the City Council shall desire to amend any existing chapter or section of this code, the chapter or section shall be specifically repealed and a new chapter or section, containing the desired amendment, substituted in its place.

(B) Any ordinance which is proposed to add to the existing code a new chapter or section shall indicate, with reference to the arrangement of this code, the proper number of such chapter or section. In addition to such indication as may appear in the text of the proposed ordinance, a caption or title shall be shown in concise form above the ordinance.

(A) As histories for the code sections, the specific number and passage date of the original ordinance, and the most recent three amending ordinances, if any, are listed following the text of the code section. Example: (Ord. 10, passed 5-13-60; Am. Ord. 15, passed 1-1-70; Am. Ord. 20, passed 1-1-80; Am. Ord. 25, passed 1-1-85)

(B) (1) If a statutory cite is included in the history, this indicates that the text of the section reads substantially the same as the statute. Example: (Cal. Gov't Code § 10001) (Ord. 10, passed 1-17-80; Am. Ord. 20, passed 1-1-85).

(2) If a statutory cite is set forth as a "statutory reference" following the text of the section, this indicates that the reader should refer to that statute for further information. Example:

The Mayor shall preside at all meetings of the City Council.

(Ord. 10, passed 1-1-80)

Statutory reference:

For the powers and duties of the Mayor, see Cal. Gov't Code §§ 36801 et seq.

(C) If a section of this code is derived from the previous code of ordinances of the city published in 1983 and subsequently amended, the 1983 code section number shall be indicated in the history by "('83 Code, § )."

Pursuant to Cal. Gov't Code § 935, claims against the city and any city officers, employees and agents for money or damages which are excepted by Cal. Gov't Code § 905 from the claims presentation requirements and which are not governed by any other statute or regulation expressly relating thereto, shall be governed by the procedures contained in chapter 1 (commencing with Cal. Gov't Code § 900) and chapter 2 (commencing with Cal. Gov't Code § 910) of part 3, division 3.6, title 1 of the Government Code as a prerequisite to bringing any lawsuit or action for money or damages against the city or any city officers, employees or agents. Such claims shall include the following:

(A) Claims under the Revenue and Taxation Code or other statute prescribing procedures for the refund, rebate, exemption, cancellation, amendment, modification, or adjustment of any tax, assessment, fee or charge or any portion thereof, or of any penalties, costs or charges related thereof;

(B) Claims in connection with which the filing of a notice of lien, statement of claim, or stop notice is required under any provision of law relating to mechanics', laborers' or materialmen's liens;

(C) Claims by public employees for fees, salaries, wages, mileage or other expenses and allowances;

(D) Claims for which workers' compensation authorized by division 4 (commencing with Cal. Labor Code § 3201) of the Labor Code is the exclusive remedy;

(E) Application or claims for any form of public assistance under the Welfare and Institutions Code or other provisions of law relating to public assistance programs, and claims for goods, services, provisions or other assistance rendered for or on behalf of any recipient of any form of public assistance;

(F) Applications or claims for money or benefits under any public retirement or pension system;

(G) Claims for principal or interest upon any bonds, notes, warrants or other evidences of indebtedness;

(H) Claims which relate to a special assessment constituting a specific lien against the property assessed and which

are payable from the proceeds of such an assessment, by offset of a claim for damages against it or by delivery or any

warrant or bonds representing it;

• (I) Claims by state or by a state department or agency or by another local public entity;

(J) Claims arising under any provision of the Unemployment Insurance Code, including but not limited to claims for money or benefits, or for refunds or credits of employer or worker contributions, penalties or interest, or for refunds to workers of deductions from wages in excess of the amount prescribed;

(K) Claims for recovery of penalties or forfeitures made pursuant to article 1 (commencing with Cal. Labor Code § 1720) of chapter 1 of part 7 of division 2 of the Labor Code;

(L) Claims governed by the Pedestrian Mall Law of 1960, part 1 (commencing with Cal. Streets and Highways Code § 11000) of division 13 of the Streets and Highways Code; and

(M) Any other claims that may be included within Cal. Gov't Code § 905 in the future.

(N) Any claim shall be made in writing and verified by the claimant or by his or her guardian, conservator, executor or administrator. In addition, all claims shall contain the information required by Cal. Gov’t Code § 910. The foregoing reference to Cal. Gov’t Code § 910 shall not be construed to authorize a class claim; no claim may be filed on behalf of a class of persons unless verified by every member of that class.

(O) In accordance with Cal. Gov’t Code §§ 935(B) and 945.6, all claims shall be presented as provided in this section and acted upon by the city prior to the filing of any action on such claims and no such action may be maintained by a person, or his or her guardian, conservator, executor or administrator, who has not complied with the requirements of this section.

(P) Any action brought against the city upon any claim or demand shall conform to the requirements of Cal. Gov’t Code §§ 940 through 949. Any action brought against an employee of the city shall conform to the requirements of Cal. Gov’t Code §§ 950 through 951.

(Q) No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the city or an officer thereof to prevent or enjoin the collection of taxes, fees or fines sought to be collected pursuant to any provision or resolution ordinance of the city for the payment of all taxes, fees or fines, unless and until the taxes, fees or fines, and any outstanding interest and penalties have been paid in full. (Ord. 1103, passed 7-5-95; Am. Ord. 1349, passed 3-7-12)

(A) The provisions of Cal. Civil Procedure Code § 1094.6 are hereby adopted. Notwithstanding any provision of this Code to the contrary, judicial review of any decision of the city and of any commission, board, officer, or agent of the city shall be had pursuant to the Cal. Civil Procedure Code § 1094.5 only if the petition for writ of mandate is files not later that the ninetieth day following the date on which the decision becomes final, as set forth in division (b) of Cal. Civil Procedure Code § 1094.6.

(B) For the purposes of this section, DECISION shall mean suspending, demoting or dismissing an officer or employee of the city, revoking or denying an application for a permit, license or other entitlement, or denying an application for any retirement benefit or allowance.

(Ord. 1103, passed 7-5-95)

(A) Any person who is arrested by a police officer of the city or who is booked or processed at the detention facility of the city, and who is subsequently convicted of any offense related to the arrest, shall pay to the city a criminal justice administration fee for reimbursement of administrative expenses incurred by the city in connection with the

arrest and/or booking processing. The amount of the fee shall be in accordance with a fee schedule adopted from time to time by resolution of the City Council.

(B) When the judgment of conviction includes an order for payment of the criminal justice administration fee owed to the city, it may be collected by any means provided by law for the enforcement of judgments. If the convicted person is subject to probation, the court must, as a condition of probation, order the convicted person to reimburse the city for the criminal justice administration fee. If the convicted person fails to pay the city the criminal justice administration fee, the city may prosecute a civil action to collect the debt.

(C) All fees collected pursuant to this chapter shall be deposited into the General Fund and may be used for any lawful purpose.

(Ord. 1231, passed 7-7-04)

(A) Power to arrest. Any city peace officer or other designated employee (designated employee) whose duties include the enforcement of any provision of this code may arrest a person without a warrant whenever such officer or employee has reasonable cause to believe that the person to be arrested has committed in his presence a violation of this code.

('83 Code, § 1.16.005) (Ord. 950, passed - -86)

(B) Citation procedure for violations.

(1) Any city peace officer or other designated employee arresting any person for a violation of any provision of this code, who does not immediately take the arrested person before a magistrate, as prescribed in the Cal. Penal Code, shall prepare a written notice to appear in court. The notice shall contain the following:

• (a) The name and address of the person arrested.

• (b) The offense charged, the time and place of the alleged violation.

• (c) Where and when the arrested person shall appear in court.

(2) The time specified in the notice to appear must be at least ten days after the arrest, unless waived by the arrestee. The place specified in the notice to appear, and the notice, shall be in conformity with all applicable provisions of the Cal. Penal Code.

('83 Code, § 1.16.005) (Ord. 845, passed - -82; Am. Ord. 950, passed - -86)

(C) Delivery of notice. The arresting city peace officer or other designated employee shall deliver one copy of the notice to appear to the alleged violator. The alleged violator, in order to secure his immediate release, must give his written promise to so appear in court at the time and place indicated thereon, by signing the duplicate notice which shall be retained by the officer. Thereafter, the arresting officer shall forthwith release from custody the person so arrested. The duplicate copy of the notice to appear shall be filed in the manner prescribed in the Cal. Penal Code. ('83 Code, § 1.16.005) (Ord. 950, passed - -86)

(D) Failure to appear in court. Any person who wilfully violates his written promise to appear in court by failing to so appear at the time and place stated, shall be deemed guilty of a misdemeanor, regardless of the disposition of the charge upon which he was originally arrested.

('83 Code, § 1.16.005)

(E) Warrant issuance. When a person signs a written promise to appear at the time and place specified therein, and has not posted bail as provided in the Cal. Penal Code, the magistrate shall issue and have delivered for execution a warrant for his arrest within 20 days after the person has failed 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 so on or before the date with which he promised to appear, then within 20 days after the delivery of the written promise to appear by the officer to a magistrate having jurisdiction over the offense, the magistrate shall issue and have delivered for execution, a warrant

mised, or if the person promises to appear before an officer authorized to accept bail, other than a magistrate, and fails to do so on or before the date with which he promised to appear, then within 20 days after the delivery of the written promise to appear by the officer to a magistrate having jurisdiction over the offense, the magistrate shall issue and have delivered for execution, a warrant

for his arrest. 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 jurisdiction over the offense charged the written promise to appear and the complaint, if any, filed by the arresting city peace officer or designated employee. ('83 Code, § 1.16.005) (Ord. 950, passed - - 86)

Statutory reference:

Citations for misdemeanors, see Cal. Penal Code §§ 853.5 - 853.8

(A) Any person violating any of the provisions, or failing to comply with any of the mandatory requirements, of this code, or any other ordinance of the city, shall be guilty of a misdemeanor, unless the violation thereof, pursuant to this code or such ordinance, is expressly made an infraction.

(B) Except where a different punishment is lawfully prescribed, a person convicted of a misdemeanor for violation of this code, or any ordinance of the city, shall be punishable by a fine of not more than $1,000 or by imprisonment not to exceed six months, or by both such fine and imprisonment.

(C) Any person violating any of the provisions of the uniform codes adopted by this code shall be guilty of a misdemeanor and punishable as such.

('83 Code, § 1.01.070)

(D) Any person convicted of an infraction for violation of a specific section of this code, or any ordinance of the city, shall be punishable by the following:

(1) First violation. A fine not exceeding $100.

(2) Second violation. A fine not exceeding $200 for a second violation of the same section of this code or the same ordinance of the city occurring within one calendar year.

(3) Third violation. A fine not to exceed $500 for a third violation of the same section of this code or the same ordinance of the city within one calendar year.

(E) City personnel as designated by the City Manager shall have the authority to issue citations for violations of this code which are declared to be infractions.

(F) Notwithstanding any provision of this code to the contrary, the violation of any ordinance relating to parking shall not be an infraction, but shall be subject to a civil penalty which shall be established by resolution of the City Council.

(Ord. 1075, passed 11-17-93)

(G) A separate offense, whether punishable as an infraction or a misdemeanor, shall exist for each and every day and any portion of any day, during which a violation of any provision of this code, or any of the ordinances of this city, is committed, continued or permitted to continue by any person.

('83 Code, § 1.20.010) (Ord. 845, passed - -82; Am. Ord. 1000, passed - -88; Am. Ord. 1004, passed - -88; Am. Ord. 1295, passed 11-1-06)

Cross-reference:

Prisoners required to perform labor on public works, see § 38.01

Statutory reference:

Imprisonment, see Cal. Gov't Code §§ 36903 - 36904

Penalties for ordinance violations, see Cal. Gov't Code §§ 36900 - 36901

Penalties for misdemeanor violations, see Cal. Penal Code, § 19