PREFACE

This Code constitutes a recodification of the general and permanent ordinances of the City of Barstow, California.

Source materials used in the preparation of the Code were the 1969 Code, as supplemented and updated by ordinances subsequently adopted by the City Council through February 2, 2015. The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the comparative tables appearing in the back of this Code, the reader can locate any section of the 1969 Code, as supplemented and updated by subsequent ordinances which are included herein.

The titles of the Code have been arranged in an order indicative of the subject matter to which they pertain, and the various sections within each title have been catchlined to facilitate usage. Notes which tie related sections of the Code together and which refer to relevant state law have been included. A table listing the state law citations and setting forth their location within the Code is included at the back of this Code.

Title, Chapter and Section Numbering System

The title, chapter and section numbering system used in this Code is the same system used in many state and local government codes. Each section number consists of three parts separated by a decimal point. The figure before the first decimal point refers to the title number, and the figure between the first decimal point and the second decimal point refers to the chapter number. The figure appearing after the second decimal point refers to the position of the section within the chapter. Thus, the first section of Chapter 1 in Title 1 is numbered 1.01.010, and the second section of Chapter 1 in Title 1 is 1.01.020. Under this system, each section is identified with its chapter and title, and at the same time new sections can be inserted in their proper place by using the decimal system for amendments. For example, if new material consisting of one section that would logically come between Sections 1.04.010 and 1.04.020 is desired to be added, such new section would be numbered 1.04.015. New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject. The next successive number shall be assigned to the new article or division. New titles may be included by using one of the reserved title numbers.

Page Numbering System

The page numbering system used in this Code is a prefix system. The letters to the left of the colon are an abbreviation which represents a certain portion of the volume. The number to the right of the colon represents the number of the page in that portion. In the case of a title of the Code, the number to the left of the colon indicates the number of the title. In the case of an appendix to the Code, the letter immediately to the left of the colon indicates the letter of the appendix. The following are typical parts of codes of ordinances, which may or may not appear in this Code at this time, and their corresponding prefixes:

Index

The index has been prepared with the greatest of care. Each particular item has been placed under several headings, some of which are couched in lay phraseology, others in legal terminology, and still others in language generally used by local government officials and employees. There are numerous cross references within the index itself which stand as guideposts to direct the user to the particular item in which the user is interested.

Looseleaf Supplements

A special feature of this publication is the looseleaf system of binding and supplemental servicing of the publication. With this system, the publication will be kept up to date. Subsequent amendatory legislation will be properly edited, and the affected page or pages will be reprinted. These new pages will be distributed to holders of copies of the publication, with instructions for the manner of inserting the new pages and deleting the obsolete pages.

Keeping this publication up to date at all times will depend largely upon the holder of the publication. As revised pages are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publisher that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes.

Acknowledgments

This publication was under the direct supervision of Mr. Jim Jenkins, Senior Code Attorney, and Ramona Connors, Editor, of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project.

The publisher is most grateful to Mrs. JoAnne Cousino, City Clerk, for her cooperation and assistance during the progress of the work on this publication. It is hoped that her efforts and those of the publisher have resulted in a Code of Ordinances which will make the active law of the city readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the city's affairs.

Copyright

All editorial enhancements of this Code are copyrighted by Municipal Code Corporation and the City of Barstow, California. Editorial enhancements include, but are not limited to: organization; table of contents; section catchlines; pretitle section analyses; editor's notes; cross references; state law references; numbering system; code comparative table; state law reference table; and index. Such material may not be used or reproduced for commercial purposes without the express written consent of Municipal Code Corporation and the City of Barstow, California.

© Copyrighted material. Municipal Code Corporation and the City of Barstow, California. 2015.

ORDINANCE NO. 940-2015

AN ORDINANCE ADOPTING AND ENACTING A NEW MUNICIPAL CODE FOR THE CITY OF BARSTOW, CALIFORNIA; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BARSTOW:

Section 1. The Code entitled "The Code of the City of Barstow, California," published by Municipal Code Corporation, consisting of Titles 1 through 19, each inclusive, is adopted.

Section 2. All ordinances of a general and permanent nature enacted on or before August 3, 2015, and not included in the Code or recognized and continued in force by reference therein, are repealed.

Section 3. The repeal provided for in Section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance.

Section 4. (a) Unless another penalty is expressly provided, 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 one thousand dollars 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 one hundred dollars for a first violation; (2) a fine not to exceed two hundred dollars for a second violation of the same ordinance within one year; and (3) a fine not to exceed five hundred dollars 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 one hundred dollars ($100) for a first violation; (2) a fine not exceeding five hundred dollars ($500) for a second violation of the same ordinance within one year; (3) a fine not exceeding one thousand dollars ($1,000) for each additional violation of the same ordinance within one year of the first violation.

(e) In addition to the penalty prescribed above, the City may pursue other remedies such as abatement of nuisances, injunctive relief and revocation of licenses or permits.

Section 5. Additions or amendments to the Code when passed in such form as to indicate the intention of the City to make the same a part of the Code shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments.

Section 6. Ordinances adopted after August 3, 2015, that amend or refer to ordinances that have been codified in the Code shall be construed as if they amend or refer to like provisions of the Code.

Section 7. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this chapter is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this chapter. The city council declares that it would have adopted this municipal code, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional.

Section 8. Effective Date. The first reading and introduction of Ordinance 940-2015 was approved by the City Council at its regular meeting of November 2, 2015 and has been scheduled for adoption by the City Council at its next regularly scheduled meeting on November 16, 2015. Ordinance 940-2015 shall take effect 30 days after adoption. This Ordinance and the City Clerk's certification, together with proof of publication, shall be entered in the Book of Ordinances of the City Council.

PASSED, APPROVED AND ADOPTED, this 16 th day of November, 2015.

ATTEST:

I, JoAnne V. Cousino, City Clerk for the City of Barstow, California and ex-officio Clerk of the City Council, do hereby certify, UNDER PENALTY OF PERJURY, that the foregoing is a true and correct copy of Ordinance No. 940-2015 which was introduced at the regular meeting of the City Council of the City of Barstow held on the 2 th day of November, 2015, and adopted at the regular meeting of the City Council of the City of Barstow on the 16 th day of November, 2015 by the following vote: