Chapter 1.01 — CODE

The provisions embraced in the following titles, chapters, and sections shall constitute and be designated "The Code of the City of Barstow, California," and may be so cited. This Code shall also be known as the "Barstow Municipal Code" and it shall be sufficient to refer to the Code as the Barstow Municipal Code in any prosecution for the violation of any provision thereof or in any proceeding at law or equity. It shall also be sufficient to designate any ordinance adding to, amending, correcting or repealing all or any part or portion thereof as an addition to, amendment to, correction of, or repeal of the Barstow Municipal Code. Further reference may be had to the titles, chapters, sections and subsections of the Barstow Municipal Code and such reference shall apply to that numbered title, chapter, section or subsection as it appears in that Code.

(Code 1969, § 1.01.020; Ord. No. 295, § 2, 1969)

Whenever a reference is made to this Code as the Barstow Municipal Code or to any portion thereof, or to any portion of the ordinances of Barstow, California, that reference shall apply to all amendments, corrections and additions heretofore, now, or hereafter made.

(Code 1969, § 1.01.030; Ord. No. 295, § 3, 1969)

This Code consists of all of the regulatory and penal ordinances and certain administrative ordinances codified pursuant to Government Code §§ 50022.1 through 50022.10.

(Code 1969, § 1.01.040; Ord. No. 295, § 4, 1969)

Generally. All general provisions, terms, phrases and expressions contained in this Code shall be liberally construed in order that the true intent and meaning of the city council may be fully carried out. In the

interpretation and application of any provisions of this Code, they shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision of the Code imposes greater restrictions upon the subject matter than another more general provision imposed by the Code or other law, the provision imposing the greater restriction or regulation shall be controlling.

California codes. Any reference to the codified statutes of the state, including, but not limited to, Business and Professions Code, Civil Code, Code of Civil Procedure, Commercial Code, Corporations Code, Education Code, Elections Code, Evidence Code, Family Code, Financial Code, Fish and Game Code, Food and Agricultural Code, Government Code, Harbors and Navigation Code, Health and Safety Code, Insurance Code, Labor Code, Military and Veterans Code, Penal Code, Probate Code, Public Contracts Code, Public Resources Code, Public Utilities Code, Revenue and Taxation Code, Streets and Highways Code, Unemployment Insurance Code, Vehicle Code, Water Code, or Welfare and Institutions Code are to such codes as adopted and now or hereafter amended. Any reference to a state law or state act by title is to such law or act as amended.

Computation of time. The time in which any act provided by law is to be done is computed by excluding the first day and including the last, unless the last day is a holiday and then it is also excluded.

State Law reference— Similar provisions, Government Code § 6800.

Conjunctions. In a provision involving two or more items, conditions, provisions or events, which items, conditions, provisions or events are connected by the conjunction "and," "or," or "either … or," the conjunction shall be interpreted as follows, except that in appropriate cases the terms "or" and "and" are interchangeable:

(1)

"And" indicates that all the connected terms, conditions, provisions or events apply.

(2)

"Or" indicates that the connected terms, conditions, provisions or events apply singly or in any combination.

(3)

"Either … or" indicates that the connected terms, conditions, provisions or events apply singly but not in combination.

Day. The period of time between any midnight and the midnight following.

State Law reference— Similar provision, Government Code § 6806.

Joint authority. All words giving a joint authority to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.

Month. A calendar month.

State Law reference— Similar provision, Government Code § 6804.

Officers, departments, etc. Officers, departments, boards, commissions and employees referred to shall mean officers, departments, boards, commissions and employees of the City of Barstow, California, unless the context clearly indicates otherwise.

Signature or subscription by mark. Includes a mark when the signer or subscriber cannot write, such signer's or subscriber's name being written near the mark by a witness who writes his own name near the signer's or subscriber's name; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses so sign their own names thereto.

Week. A week consists of seven consecutive days.

State Law reference— Similar provision, Government Code § 6805.

Unless the context otherwise requires, the following words and phrases, where used in city ordinances, shall have the meaning and construction given in this section:

Across. The term "across" includes along, in or upon.

City. The term "city" means the City of Barstow, California.

Code. The term "Code" means the Barstow Municipal Code.

Council or city council. The term "council" or "city council" means the Barstow city council.

County. The term "county" means San Bernardino County.

Ex officio. The term "ex officio" means by virtue of office.

Gender. The masculine gender includes the feminine and neuter.

Goods. The term "goods" includes wares and merchandise.

Must. The term "must" is to be construed as being mandatory.

Number. The singular number includes the plural, and the plural includes the singular.

Oath. The term "oath" includes affirmation.

Operate or engage in. The term "operate" or "engage in" includes carry on, keep, conduct, maintain, or cause to be kept or maintained.

Owner. The term "owner," when pertaining to a building or land, includes any part owner, joint owner, tenant in common, or joint tenant of the whole or part of such building or land.

Person. The term "person" means any natural person, firm, association, joint venture, joint stock company, partnership, organization, club, company, corporation, business trust, or the manager, lessee, agent,

servant, officer, or employee of any of the above.

Process. The term "process" includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature.

Sale. The term "sale" includes any sale, exchange, barter or offer for sale.

Shall, may. The term "shall" is mandatory, the term "may" is permissive.

State. The term "state" means the State of California.

Street. The term "street" includes all streets, highways, public roads, county roads, avenues, lanes, alleys, courts, places, squares, curbs, sidewalks, parkways, 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 this state.

Tenant or occupant. The term "tenant" or "occupant," when pertaining to a building or land, includes any person who occupies the whole or part of such building or land, whether alone or with others.

Tenses. The present tense includes the past and future tenses, and the future tense includes the present tense.

Title of office. The use of the title of any officer, employee, department, board or commission means that officer, employee, department, board or commission of the City of Barstow.

Traffic committee. The term "traffic committee" means the planning commission established pursuant to chapter 2.24.

(Code 1969, § 1.01.050; Ord. No. 295, § 5, 1969; Ord. No. 746, § 3, 1999)

Title, chapter, article and section headings contained herein 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 hereof.

(Code 1969, § 1.01.060; Ord. No. 295, § 6, 1969)

(a)

The history notes appearing in parentheses after sections of this Code are not intended to have any legal effect, but are merely intended to indicate the source of matter contained in the section.

(b)

References and editor's notes following certain sections are inserted as an aid and guide to the reader and are not controlling or meant to have any legal effect.

The provisions of this Code shall not in any manner affect deposits or other matters of record which refer to, or are otherwise connected with, ordinances which are therein specifically designated by number or otherwise and which are included within this Code, but such reference shall be construed to apply to the corresponding provisions contained within this Code.

(Code 1969, § 1.01.070; Ord. No. 295, § 7, 1969)

Neither the adoption of this Code nor the repeal or amendment hereby of any ordinance or any part of any ordinance of the city shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date of the ordinance codified in this chapter, nor be construed as a waiver of any license, fee or penalty at said effective date due and unpaid under such ordinance, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license, fee or penalty, or the penalty provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof required to be posted, filed or deposited pursuant to any ordinance, and all rights and obligations thereunder appertaining shall continue in full force and effect.

(Code 1969, § 1.01.080; Ord. No. 295, § 8, 1969)

The provisions appearing in this Code, so far as they are the same in substance as those of ordinances existing at the time of the effective date of this Code, shall be considered as continuations thereof and not as new enactments.

The Barstow Municipal Code shall become effective on the date that the ordinance codified herein becomes effective.

(Code 1969, § 1.01.090; Ord. No. 295, § 9, 1969)

If any section, subsection, sentence, clause, phrase, part, or portion of this Code is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Code. The city council hereby declares that it would have adopted this Code and each section, subsection, sentence, clause, phrase, part, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts, or portions be declared invalid or unconstitutional.

(Code 1969, § 1.01.100; Ord. No. 295, § 10, 1969)

(a)

It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this Code. A violation of any of the provisions or failing to comply with any of the mandatory requirements of this Code shall constitute a misdemeanor except that, notwithstanding any other provisions of this Code, any such violation constituting a misdemeanor under this section may be charged and prosecuted as an infraction; and with the further exception that any violation of the provisions relating to parking, operation of bicycles, use of streets by animals, bicycles or pedestrians shall constitute an infraction. Any person convicted of a misdemeanor under the provisions of this Code, unless the provision is otherwise made in this Code, shall be punished by a fine of not more than $1,000.00 or by imprisonment in the county jail for a period of not more than six months, or by both fine and imprisonment. Any person convicted of an infraction under provisions of this Code, unless provision is otherwise herein made, shall be punished by:

(1)

A fine not to exceed $100.00 for a first violation;

(2)

A fine not to exceed $200.00 for a second violation of the same ordinance within one year; and

(3)

A fine not to exceed $500.00 for each additional violation of the same ordinance within one year.

(b)

Whenever any person has been convicted of three violations of any one article of this Code within a one- year period, any fourth violation shall be a misdemeanor punishable as has been set forth in subsection (a) of this section.

(c)

Each person shall be charged with a separate offense for each and every day during any portion of which any violation of any provision of this Code is committed, continued or permitted by such person and shall, upon conviction, be punished accordingly. In addition to the penalties provided in subsections (a) and (b) of this section, any condition caused or permitted to exist in violation of any of the provisions of this Code shall be deemed a public nuisance and may be, by this city, summarily abated as such, and each day such condition continues shall be regarded as a new and separate offense.

(d)

Notwithstanding any other provision of law, a violation of local building and safety codes determined to be an infraction is punishable by:

(1)

A fine not exceeding $100.00 for a first violation.

(2)

A fine not exceeding $500.00 for a second violation of the same ordinance within one year.

(3)

A fine not exceeding $1,000.00 for each additional violation of the same ordinance within one year of the first violation.

(Code 1969, § 1.01.110; Ord. No. 295, § 11, 1969; Ord. No. 502, § 1, 1983; Ord. No. 724, § 1, 1996; Ord. No. 760, § 2(part), 2000)

The following employees, agents, and/or persons are authorized to enforce provisions of this Code, pursuant to Penal Code § 836.5(d): city manager, administrative services director, public works superintendent, public works supervisor, contract/project coordinator, code enforcement officer, city building official, construction inspector, community development director, parking enforcement officer, city engineer, associate civil engineer, city planner, associate planner, assistant planner, animal control officer, humane officer, and sworn officers of the city police department.

(Code 1969, § 1.01.120; Ord. No. 503, § 1, 1983; Ord. No. 609, § 1, 1989; Ord. No. 760, § 2(part), 2000; Ord. No. 882-2011, § 1, 5-16-2011)

The city attorney or his designated representative, specifically including, but not limited to, those named in section 1.01.160, are authorized to prosecute in the municipal court any violations of this Code.

(Code 1969, § 1.01.130; Ord. No. 596, § 2, 1988)

In addition to any authority to recover fees granted elsewhere in this Code, in the event any legal or administrative action is taken by the city, whether civil or criminal in nature, to recover damages or to enforce any provision of this Code, the prevailing party in the action shall recover attorney's fees and costs actually and reasonably incurred with respect to the action.

(Code 1969, § 1.01.140; Ord. No. 697, 1987; Ord. No. 790, § 1, 2003)

(a)

Each bill which proposes an ordinance to repeal, amend or add to any portion of this Code and each bill which proposes an ordinance of a general and permanent nature suitable for inclusion in this Code, though constituting new subject matter not therein contained, shall be drafted so as to specify the specific section numbers, subsections, etc., of this Code which are to be repealed or amended and, with respect to additions and to new subject matter, so as to provide appropriate chapter, article, section, etc., numbers therefor and each amendment of and addition to this Code shall be set out in full and appropriate title, chapter and article headings and section catchlines shall be included.

(b)

Upon the adoption of an ordinance to repeal, amend or add to any portion of this Code or to include new subject matter in this Code, the city clerk shall separate the several titles, chapters, articles, sections, etc., of such ordinance and enter them in their proper places in each file copy of this Code and shall remove therefrom any portion so repealed or amended and in the margin of each insertion in the file copies of this Code he shall note and initial the date of passage, effective date and number of the amending or repealing ordinance.

(c)

Items removed from the file copies of this Code pursuant to subsection (b) of this section shall be maintained by the city clerk in a reasonably accessible manner. The volume in which such repealed and amended items are to be included shall be known as the "Record of Repealed and Amended Portions of the Code of Barstow, California," the purpose of which is to enable the city council and other persons interested to ascertain the statutes of this Code at any given time in the past.

(a)

By contract or by city personnel, supplements to this Code shall be prepared and printed whenever authorized or directed by the city. A supplement to the Code shall include all substantive permanent and general parts of ordinances passed by the city council or adopted by initiative and referendum during the period covered by the supplement and all changes made thereby in the Code during that period. The pages of a supplement shall be so numbered that they will fit properly into the Code and will, where necessary, replace pages that have become obsolete or partially obsolete, and the new pages shall be so prepared that, when they have been inserted, the Code will be current through the date of the adoption of the latest ordinance included in the supplement.

(b)

In preparing a supplement to this Code, all portions of the Code that have been repealed shall be excluded from the Code by the omission thereof from reprinted pages.

(c)

When preparing a supplement to this Code, the codifier, meaning the person, agency or organization authorized to prepare the supplement, may make formal, nonsubstantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified code. For example, the codifier may:

(1)

Organize the ordinance material into appropriate subdivisions;

(2)

Provide appropriate section headings and titles for sections and other subdivisions of the Code printed in the supplement and make changes in section headings, titles for sections and headings for other subdivisions of the Code;

(3)

Assign appropriate numbers to sections and other subdivisions to be inserted in the Code and, where necessary to accommodate new material, change existing section or other subdivision numbers;

(4)

Change the term "this ordinance" or terms of the same meaning to "this chapter," "this article," "this division," etc., as the case may be, or to "sections _____ through _____." The inserted section numbers will indicate the sections of the Code which embody the substantive sections of the ordinance incorporated into the Code; and

(5)

Make other nonsubstantive changes necessary to preserve the original meaning of ordinance sections inserted into the Code; but in no case shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the Code.

It shall be unlawful for any person in the city to change or amend by additions or deletions, any part or portion of this Code or to insert or delete pages, or portions thereof, or to alter or tamper with such Code in any manner whatsoever except pursuant to ordinance or other official act of the city council which will cause the law of the city to be misrepresented thereby. Any person violating this section shall be punished as provided in section 1.01.150.

(a)

Unless otherwise provided for, all rates, charges, or fees necessary for the administration and enforcement of the provisions of this Code shall be as currently established or as hereafter adopted by motion, resolution or ordinance of the city council, from time to time. Any rates, charges, or fees established by the city pursuant to the regulations or requirements established herein may be changed from time to time by the city council, and such changes shall be considered an amendment to this Code.

(b)

Whenever any provision of this Code provides that a rate, charge, or fee shall be established by the city council, from time to time, and the amount of such rate, charge, or fee is not expressed in this Code in any dollar amount, then the amount of such rate, charge, or fee shall be the most recent and latest amount established, set or fixed by the city council by ordinance, resolution or motion.

Nothing in this Code or the ordinance adopting this Code shall be construed to repeal or otherwise affect the validity of any of the following:

(1)

Any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of this Code;

(2)

Any ordinance or resolution promising or guaranteeing the payment of money for the city or authorizing the issuance of any bonds of the city or any evidence of the city's indebtedness;

(3)

Any contract or obligation assumed by the city;

(4)

Any ordinance or resolution fixing the salary of any city officer or employee, unless superseded;

(5)

Any right of franchise granted by the city to any person, firm, or corporation;

(6)

Any ordinance or resolution dedicating, naming, establishing, locating, relocating, closing, opening, widening, paving, vacating, etc., any street or public way in the city;

(7)

Any ordinance or resolution establishing and prescribing the street grades of any street in the city;

(8)

Any appropriation ordinance;

(9)

Any ordinance or resolution which, by its own terms, is effective for a stated or limited term;

(10)

Any ordinance or resolution providing for local improvements and assessing taxes therefor;

(11)

Any ordinance or resolution describing or altering the boundaries of the city or annexing property to the city;

(12)

The administrative ordinances or resolutions of the city not in conflict or inconsistent with the provisions of this Code;

(13)

Any ordinance levying or imposing taxes not included in this Code;

(14)

Any ordinance or regulation prescribing traffic regulations for specific locations concerning through streets, parking limitations, parking prohibitions, one-way traffic, limitations on loads of vehicles or loading zones, not in conflict or inconsistent with this Code;

(15)

Any ordinance or resolution of agreement with another political subdivision;

(16)

Any specific rezoning ordinance or amendments thereto;

(17)

Any ordinance or resolution dedicating or accepting any specific subdivision plat; and

(18)

Any other ordinance or resolution, or part thereof, which is not of a general and permanent nature; or which is referred to elsewhere in this Code as continuing in effect.

Nor shall the repeal of any such ordinance or resolution be construed to revive any ordinance, resolution or part thereof that has been repealed or superseded by a subsequent ordinance or resolution which is repealed or superseded by this chapter. All such ordinances are hereby recognized as continuing in full force and effect to the same extent as if set out at length in this Code.

on real property.

(a)

Scope. The duty to exhaust administrative remedies imposed by this section extends to:

(1)

Any fee or charge subject to articles XIII C or XIII D of the California Constitution,

(2)

Any assessment on real property levied by the city, and

(3)

The methodology used to develop and levy such a fee, charge, or assessment.

(b)

Hearing as used in this section means the hearing referenced in paragraph (4) of subsection (d) of this section.

(c)

Duty to exhaust issues. No person may bring a judicial action or proceeding alleging noncompliance with the California Constitution or other applicable law for any new, increased, or extended fee, charge, or assessment levied by the city, unless that person submitted to the city clerk a timely, written objection to that fee, charge, or assessment specifying the grounds for alleging noncompliance. The issues raised in any such action or proceeding shall be limited to those raised in such an objection unless a court finds the issue could not have been raised in such an objection by those exercising reasonable diligence.

(d)

Procedures. The city shall:

(1)

Make available to the public any proposed fee, charge, or assessment to which this section is to apply no less than 45 days before the deadline for a ratepayer or assessed property owner to submit an objection pursuant to paragraph (4) of this subsection (d).

(2)

Post on its internet website a written basis for the fee, charge, or assessment, such as a cost of service analysis or an engineer's report, and include a link to the internet website in the written notice of the hearing, including, but not limited to, a notice pursuant to subdivision (c) of Section 4 or paragraph (1) of subdivision (a) of Section 6 of Article XIII D of the California Constitution.

(3)

Mail the written basis described in paragraph (2) of this subsection (d) to a ratepayer or property owner on request.

(4)

Provide at least 45 days for a ratepayer or assessed property owner to review the proposed fee or assessment and to timely submit to the city clerk a written objection to that fee, charge, or assessment that specifies the grounds for alleging noncompliance. Any objection shall be submitted before the end of the public comment portion of a hearing on the rate, charge or assessment.

(5)

Include in a written notice of the hearing, a statement in bold-faced type of 12 points or larger:

a.

That all written objections must be submitted to the city clerk by the end of public comment period at the hearing and that a failure to timely object in writing bars any right to challenge that fee, charge, or assessment in court and that any such action will be limited to issues identified in such objections.

b.

All substantive and procedural requirements for submitting an objection to the proposed fee, charge, or assessment such as those specified for a property-related fee under California Constitution, article XIII D, section 6(a) or for an assessment on real property under California Constitution, article XIII D, section 4(e).

(e)

Council consideration; city responses. Before or during the hearing, the city council shall consider and the city shall respond in writing to, any timely written objections. The city council may adjourn the hearing to another date if necessary to respond to comments received after the agenda is posted for the meeting at which the hearing occurs. The city's responses shall explain the substantive basis for retaining or altering the proposed fee, charge, or assessment in response to written objections, including any reasons to reject requested amendments.

(f)

City council determinations. The city council, in exercising its legislative discretion, shall determine whether:

(1)

The written objections and the city's response warrant clarifications to the proposed fee, charge, or assessment.

(2)

To reduce the proposed fee, charge or assessment.

(3)

To further review the proposed fee, charge, or assessment before determining whether clarification or reduction is needed.

(4)

To proceed with the hearing, to continue it, or to abandon the proposal.

(Ord. No. 1026-2024, § 2, 2-3-2025)