Brawley Municipal Code Ch. 1 General Provisions

The ordinances embraced in the following chapters and sections shall constitute and be designated "The Code of the City of Brawley, California, 1956," and may be so cited.

In the construction of this Code and of all ordinances of the city, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the city council or the context clearly requires otherwise:

City. The words "the city" or "this city" shall be construed as if followed by the words "of Brawley."

Code. The words "the Code" or "this Code" shall mean "The Code of the City of Brawley, California, 1956."

Computation of time. 1 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.

1. For similar state law, see Gov. C. A., §6800.

Council. Whenever the words "council" or "city council" are used, it shall be construed to mean the city council of the City of Brawley.

County. The words "the county" or "this county" shall mean the County of Imperial, State of California.

Day. 2 A day is the period of time between any midnight and the midnight following.

2. For similar state law, see Gov. C. A., §6806.

Daytime, nighttime. 3 "Daytime" is the period of time between sunrise and sunset. "Nighttime" is the period of time between sunset and sunrise.

3. For similar state law, see Gov. C. A., §6807.

Department, board, commission, office, officer or employee. Whenever any department, board, commission, office, officer or employee is referred to it shall mean a department, board, commission, office, officer or employee of the City of Brawley unless the context clearly indicates otherwise.

Gender. 4 The masculine gender includes the feminine and neuter.

4. For similar state law, see Gov. C. A., §12.

In the city. The words "in the city" shall mean and include all territory over which the city now has, or shall hereafter acquire, jurisdiction for the exercise of its police powers or other regulatory powers.

Joint authority. 5 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.

5. See C. C., §12.

Month. 6 The word "month" shall mean a calendar month.

6. For similar state law, see Gov. C. A., §6804.

Number. 7 The singular number includes the plural, and the plural the singular.

7. For similar state law, see Gov. C. A., §13.

Oath. 8 "Oath" includes affirmation.

8. For similar state law, see Gov. C. A., §15.

Official time. Whenever certain hours are named herein, they shall mean Pacific Standard Time or Daylight Saving Time as may be in current use in the city.

Or, and. "Or" may be read "and", and "and" may be read "or", if the sense requires it.

Owner. The word "owner", applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or of a part of such building or land.

Person. 9 "Person" includes any person, firm, association, organization, partnership, business trust, corporation or company.

9. For similar state law, see Gov. C. A., §17.

Personal property. 1 "Personal property" includes every species of property, except real property as herein defined.

1. See C. C., §14.

Preceding, following. The words "preceding" and "following" mean next before and next after, respectively.

Process. 2 "Process" includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature.

2. For similar state law, see Gov. C. A., §22.

Property. 3 The word "property" shall include real and personal property.

3. See C. C., §14.

Real property. 4 Real property shall include lands, tenements and hereditaments.

4. See C. C., §14.

Shall, may. 5 "Shall" is mandatory and "may" is permissive.

5. For similar state law, see Gov. C. A., §14.

Signature or subscription by mark. 6 "Signature" or "subscription" includes 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.

6. For similar state law, see Gov. C. A., §16.

State. The words "the state" or "this state" shall be construed to mean the State of California.

Tenant or occupant. The words "tenant" or "occupant", applied to a building or land, shall include any person holding a written or oral lease of or who occupies the whole or a part of such building or land, either alone or with others.

Tenses. 7 The present tense includes the past and future tenses; and the future, the present.

7. For similar state law, see Gov. C. A., §11.

Week. 8 A "week" consists of seven consecutive days.

8. For similar state law, see Gov. C. A., §6805.

Writing. 9 "Writing" includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement or record is required or authorized by this Code, it shall be made in writing in the English language unless it is expressly provided otherwise.

9. For similar state law, see Gov. C. A., §8.

Year. 1 The word "year" shall mean a calendar year except where otherwise provided.

1. For state law definition of "year", see Gov. C. A., §6803.

The provisions appearing in this Code, so far as they are the same 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 repeal of an ordinance shall not review any ordinance in force before or at the time the ordinance repealed took effect.

The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for any offense committed under the ordinance repealed.

It is hereby declared to be the intention of the city council that the sections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph or section of this Code shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code.

The catchlines of the several sections of this Code are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of such sections, nor as any part of the sections, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or re-enacted.

Whenever in this Code or in any other ordinance of the city, any act is prohibited or is made or declared to be unlawful or an offense, or the doing of any act is required or the failure to do any act is declared to be unlawful or a misdemeanor, where no specific penalty is provided therefor, the violation of any such provision of this Code or any other ordinance of the city shall be punished by a fine not exceeding five hundred dollars or imprisonment for a term not exceeding six months, or by both such fine and imprisonment.

2. For state law authorizing cities to impose fines not exceeding five hundred dollars and imprisonment for terms not exceeding six months, or both, for violations of ordinances, see Gov. C. A., §36901. For provision declaring violation of ordinance to be a misdemeanor, see Gov. C. A., §36900.

A violation of Sections 4.2, 4.3, 4.5, 4.5-1, 4.10, 4.14, 4.14-1, 4.14-2, 4.17, 4.22, 6.1, 6.14, 6.15, 6.16, 8.15, 17.44, 17.45, 17.46, 17.48, 17.49, 17.51, 17.52, 17.54, 17.56, 17.57, 17.58, 17.60, 17.63, 17.64, 17.65, 17.66, 17.67, 17.68, 17.69, 17.70, 17.73, 17.74, 17.75, 17.76, 17.91-1, 17.91-7, 17.91-8, 17.92, 17.93, 17.94, 17.95(b), 17.116, 17.117, 19A.1, 19A.5, 19A.6, 19.12-1, 19.12-2, 19.12-3, 19.15, 19.24-1, 19.27, 19D, 27.218(e), and 27.218(f) of this Code shall constitute an infraction and shall be punishable only by a fine in accordance with the provisions of Government Code Section 36900, as the same now provides or may hereafter by amended, unless the council ordinance or resolution establishes a more specific fine or fee for the violation.

(Ord. No. 706, § 1; Ord. No. 752, § 1; Ord. No. 94-01, § 1; Ord. No. 2004-10, § 2.)

(Ord. No. 2010-02, § 3; Ord. No. 2010-03, § 5.)

The bail of fines imposed for alleged violations of parking ordinances and the time for payment may be established by resolution of the council.

(Ord. No. 752, § 2; Ord. No. 94-01, § 2.)

A payment pursuant to section 1.7-2 shall be treated as a fine and shall be in full settlement and final disposition of the charged violation unless such person advises the city at the time of payment that he denies the alleged violation and wishes a trial thereon, and in that event such payment shall be treated as bail. The city shall then either file a complaint within thirty days in the Municipal Court to prosecute such case or refund the bail money to the person posting the same.

(Ord. No. 752, § 3.)

In the event such payment is not timely made, the city may prosecute such alleged offense as an infraction or it may treat such nonpayment as unpaid bail and report the same to the California Department of Motor Vehicles for collection pursuant to section 4760 of the Vehicle Code.

(Ord. No. 752, § 4.)

Any person sentenced to imprisonment, or sentenced to pay a fine and in default thereof to be imprisoned for the violation of any provisions of this code or other ordinance of this city, or of any ordinance that may hereafter be adopted by this city, may be imprisoned in the county jail of Imperial County by judgment so pronounced.

(Ord. No. 19, § 1.)

3. For state law as to authority of cities to require prisoners to labor on public works, see Gov. C. A., § 36904.

The official seal of the city shall be circular in form capable of making a raised impression on paper one and three-quarter inches in diameter, having a cornucopia in the center surrounded by the inscription "City of Brawley Incorporated 1908."

(Ord. No. 7, § 1.)

The city clerk shall be the custodian of the official seal of the city and shall authenticate all the official ordinances, resolutions, orders and contracts and written instruments of the city by affixing the seal thereto.

(Ord. No. 7, § 2.)

A fee is hereby imposed upon the annexation of land to the city at the rate of five hundred dollars per acre.

Such fees shall be due and payable at the time of annexation or as approved by resolution of the city council.

Such fees shall be applied to the city's costs of planning, developing and providing services within the annexed area.

(Ord. No. 644, §§ 1, 2; Ord. No. 88-08, §§ 1, 2.)

The General Municipal Elections for the city of Brawley shall be held on the same day as the school district elections currently held on the first Tuesday after the first Monday in November of each odd-numbered year.

Commencing in 2020, the council hereby changes its election day to the first Tuesday after the first Monday in November of each even-numbered year in order to consolidate the city's general municipal election with the elections called by the Brawley Elementary School District.

(Ord. No. 89-09, § 1.)

(Ord. No. 2017-03, Art. II, 5-2-2017)