Butte County Municipal Code § 1-16 Same—Person arrested may be taken before magistrate

The ordinances embraced in the following chapters and sections shall constitute and be designated "The Code of Butte County, California", and may be so cited. It may also be cited as the "Butte County Code."

For the purposes of this Code the following words and phrases shall have the meanings respectively ascribed to them by this section:

Board of supervisors. Whenever the words "board of supervisors" are used, they shall be construed to mean the board of supervisors of Butte County.

Code. The words "the Code" or "this Code" shall mean "The Code of Butte County, California".

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 day unless the last day is a holiday and then it is also excluded.

* For similar state law, see Gov. C., § 6800.

County. The words "the county" or "this county" shall mean the County of Butte.

Day.* A "day" is a period of time between any midnight and the midnight following.

* See similar state law, see Gov. C., § 6806.

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

* For similar state law, see Gov. C., § 6807.

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

* For similar state law, see Gov. C., § 12.

"Highways" shall include the whole of all public ways, roads, alleys, courts and streets and sidewalks between the property lines forming the exterior lateral boundaries thereof, and those parts of public squares and places which form traveled parts of highways.

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

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.

* See C.C., § 12.

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

* For similar state law, see Gov. C., § 6804.

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

* For similar state law, see Gov. C., § 13.

Oath.* "Oath" includes affirmation.

* For similar state law, see Gov. C., § 15.

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

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 county.

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 or tenant by the entirety of the whole or a part of such building or land.

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

* For similar state law, see Gov. C., § 17; C.C.P., § 17.

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

* See C.C., §§ 14 and 663.

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

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

* For similar state law, see Gov. C., § 22.

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

* See C.C., § 14; C.C.P., § 17.

"Real property"* shall include lands, tenements and hereditaments.

* See C.C., §§ 14 and 658.

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

* For similar state law, see Gov. C., § 14.

Signature or subscription by mark.* "Signature" or "subscription" 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.

* For similar state law, see Gov. C., § 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 an oral lease of or who occupies, the whole or a part of such building or land, either alone or with others.

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

* For similar state law, see Gov. C., § 11.

Week.* A week consists of seven consecutive days.

* For similar state law, see Gov. C., § 6805.

Writing.* 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.

* For similar state law, see Gov. C., § 8.

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

* For state law definition of "year", see Gov. C., § 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 revive any ordinances 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 board of supervisors 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 or a 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 reenacted.

(a) Except as otherwise provided herein, the provisions of California Code of Civil Procedure Section 1094.6 or successor statute are hereby adopted and any petition for review of an administrative decision of the County of Butte, or of any of its boards, commissions, departments, agencies, or persons authorized to render such a decision, shall be filed within the time limits prescribed therein. Notwithstanding such time limits, where a shorter time limitation is provided by any other law, such shorter time limit shall apply.

(b) The limitation provided in subsection (a) shall apply to any final administrative order or decision made as the result of a proceeding in which by law a hearing is required to be given, evidence is required to be taken and discretion in the determination of facts is vested in the board, commission, officer or tribunal conducting the hearing.

(c) The limitation provided in subsection (a) shall apply to all quasijudicial proceedings now pending or hereafter begun. Written notice of the time limitation of Section 1094.6 shall be given to the parties by the decision maker in substantially the following form:

"The time within which judicial review of this decision must be sought is governed by California Code of Civil Procedure Section 1094.6. Judicial review must be sought not later than the ninetieth (90) day following the date on which this decision becomes final, except that where a shorter time limit is provided by state or federal law, such shorter time limit shall apply."

(d) The limitation provided in subsection (a) shall be construed to require that petitions filed pursuant to Code of Civil Procedure Section 1094.5 for review of administrative decisions rendered prior to the effective date of this section must be filed within ninety (90) days from the date upon which notice of the time limits provided in this section is mailed or personally delivered to all parties to such administrative decision, unless a shorter time limit applies. Notice under this subsection shall be in substantially the following form:

"By ordinance, the time limits set forth in the California Code of Civil Procedure Section 1094.6 have been made applicable to the decision rendered by (decision maker) on (date) concerning (title or description or administrative action). Judicial review must be sought not later than the ninetieth (90th) day following the date of this notice, except that where a shorter time limit is provided by state or federal law, such shorter time limit shall apply."

(e) This section is not intended to revive, nor shall it be deemed to revive, any cause of action or grounds for relief through a special proceeding which is barred by law or equity.

(f) All costs of preparing a record which may be recovered by a local agency pursuant to Code of Civil Procedures Section 1094.6(c) or successor statute, shall be paid by the petitioner prior to delivery of the record to petitioner.

(Ord. No. 3025, § 1, 8-4-92)

(a) Whenever in this Code or in any other ordinance of the county or in any rule or regulation promulgated pursuant thereto, any act is prohibited or 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 for, the violation of any such provision of this Code or any other ordinance, rule or regulation of the county shall be punished by a fine not exceeding one thousand dollars ($1,000.00) or imprisonment for a term not exceeding six (6) months, or by both such fine and imprisonment.

(b) Notwithstanding any provision of this Code to the contrary in subsection (a) of this section or in chapters 4, 10, 11, 13, 14, 19, 23B, 24, 26, 26A, 26B, 27, 28, 28A, 28B, 31, 32, 33, 37, 38, 53, 54, or 56, whenever any provision in any of said chapters provides that any act is prohibited or made or declared to be unlawful or a misdemeanor or an infraction, or requires the doing of any act or declares the failure to do any act unlawful or a misdemeanor or an infraction, the violation of such provision may be charged as an infraction and punishable as specified in section 41-5 of this Code. This subsection shall apply to the violation of any provision described herein, including, but not limited to, the following sections of this Code: 4-1, 4-1.1,4-1.2, 4-1.3, 4-1.5, 4-2, 4-3, 4-13, 10-1, 10-2, 10-8, 10-22, 11-2, 11-4, 11-5, 11-6, 11-7, 11-8, 11-10, 11-11, 11-18, 13-3, 13-104(a), 14-1, 14-4, 14-5, 14-12, 14-15, 14-21, 14-28, 14-30, 14-47, 14-48, 14-61, 14-80, 14-91, 19-3, 19-4, 19-5, 19-7, 19-18, 23B-3, 23B-10, 24-4, 24-5, 24-6, 24-36.2, 24-63.1, 24-68, 26-6, 26A-4, 26A-12, 26B-5, 27-6, 28-4, 28A-2, 28B-2, 31-1, 31-5, 31-7.5, 31-8, 31-8.5, 31-11, 32-10, 33-3, 33-4, 37-7, 37-8, 37-9, 37-16, 37-22, 37-23, 38-4, 53-12, 54-12 and 56-13.

(c) Every day any violation of this Code or any other ordinance, rule or regulation of the county continues shall constitute a separate offense.

(Ord. No. 2053, § 1, 10-9-79; Ord. No. 2301, § 1, 7-27-82; Ord. No. 2708, § 2, 10-4-88; Ord. No. 2774, § 6, 8-29-89; Ord. No. 3036, § 1, 11-17-92; Ord. No. 3824, § 6, 7-23-2002; Ord. No. 3925, § 2, 2-14-06; Ord. No. 3936, § 1, 6-13-06; Ord. No. 4154, § 3, 1-29-19; Ord. No. 4186, § 2, 9-23-20; Ord. No. 4252, § 2, 9-26-24)

Sections 1-9 to 1-16 shall apply to all provisions of this Code and to all ordinances of the county, including those ordinances hereafter enacted, violations of which are punishable as misdemeanors.

(Ord. No. 662, § 1)

Cross reference—Notice to appear for violations of provisions relating to boats and public waters, § 7-26 et seq.

If any person is arrested for violation of any Code provision or ordinance mentioned in section 1-8 and such person is not immediately taken before a magistrate, as more fully set forth in the Penal Code of the state, the arresting officer shall prepare in duplicate a written notice to appear in court, containing the name and address of such person, the offense charged and the time and place when such person shall appear in court.

(Ord. No. 662, § 2)

The time specified in a notice to appear must be at least five (5) days after the arrest.

(Ord. No. 662, § 3)

The place specified in the notice to appear shall be either:

(a) Before a judge of a justice court, or a municipal court judge within the county in which the offense charged is alleged to have been committed, and who has jurisdiction of the offense and who is nearest and most accessible with reference to the place where the arrest is made;

(b) Upon demand of the person arrested, before a judge of a justice court or a municipal court judge, having jurisdiction of such offense at the county seat of the county in which such offense is alleged to have been committed;

(c) Before a judge having jurisdiction in the judicial district in which the offense is alleged to have been committed; or

(d) Before an officer authorized by the county or any judge in the county to receive a deposit of bail.

(Ord. No. 662, § 4)

The officer shall deliver one (1) copy of the notice to appear to the arrested person. An arrested person, in order to secure release, must give his written promise so to appear in court by signing the duplicate notice, which shall be retained by the officer. Thereupon the arresting officer shall forthwith release the person arrested from custody.

(Ord. No. 662, § 5)

The officer shall, as soon as practicable, file a duplicate with the magistrate specified in the notice to appear.

(Ord. No. 662, § 6)

Any person willfully violating his written promise to appear in court is guilty of a misdemeanor, regardless of the disposition of the charge upon which he was originally arrested.

(Ord. No. 662, § 7)

When a person signs a written promise to appear at the time and place specified in a written promise to appear, and has not posted bail as provided in the state Penal Code, 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 such person promises to appear before an officer authorized to accept bail, other than the judge or magistrate, and fails to do so, or before the date which he promises to appear, then within twenty (20) days after the delivery of such written promise to appear, by the officer to the magistrate having jurisdiction over the offense.

(Ord. No. 662, § 8)

Nothing contained in sections 1-8 to 1-15 shall be deemed or construed to require any arresting officer to issue a citation instead of taking a person arrested before a magistrate as is otherwise provided by law.

(Ord. No. 662, § 9)

The health officer, environmental health director and registered sanitarians, pursuant to the provisions of Section 836.5 of the Penal Code of the State of California, may issue a citation to a person or corporation whenever he has reasonable cause to believe that the person has committed a misdemeanor in his presence which is a violation of any ordinance, statute or law, enforcement of which is under the administration of the health officer.

(Ord. No. 2185, § 1, 1-27-81)

The seal of the board of supervisors shall be circular and be not less than one and one-fourth (1¼) inches in diameter, and should be in the form and bear the inscription and figures as follows:

[Figure]

(Ord. No. 859)

The Seal of the County of Butte shall be the design, form and inscriptions corresponding substantially with the following representation thereof:

[Figure]

Upon adoption of the County Seal by the Board of Supervisors, a description and impression of the seal shall be filed in the office of the County Clerk.

(Ord. No. 3996, § 2, 2-10-09; Ord. No. 4085, § 1, 8-26-14)

(a) The Seal of the County of Butte is a symbol of the County government and shall not be used for purposes unrelated to County business. The following uses of the County Seal by County officials, department heads and employees are approved uses:

(1) County stationery and forms;

(2) County packaging;

(3) County advertising and promotions;

(4) County signs and apparel;

(5) County-created institutional literature;

(6) County transportation and related equipment; and

(7) County buildings, equipment and property.

(b) The County Seal or any reproduction or facsimile of the County Seal shall not be affixed to any object and/or displayed in any manner not set forth above unless the use has been approved by the Chief Administrative Officer or the Board of Supervisors.

Requests to use the County Seal in a manner not set forth above shall be submitted in writing to the County Administrative Officer for approval or disapproval.

(c) County officials, department heads and employees are authorized to use an alternative design to the County Seal when it best serves the graphic design for any of the uses stated above. The alternative design shall correspond substantially with the following representation thereof:

[Figure]

(d) The Chief Administrative Officer, or his or her designee, may approve modifications to the County Seal for County advertising and promotions.

Requests to modify the County Seal shall be submitted in writing to the County Administrative Officer for approval or disapproval.

(e) The Board of Supervisors may also approve the use of the County Seal for any purpose if the use is approved by the Board of Supervisors at a duly noticed and convened meeting of the Board of Supervisors.

(f) It is a violation of this section for any person to use or allow to be used any reproduction or facsimile of the County Seal in a manner not set forth in this section or as approved by the Chief Administrative Officer or Board of Supervisors, or as prohibited in California Elections Code Section 18304.

(g) Violations are subject to the general penalties contained in Section 1-7 and as defined in California Elections Code Section 18304.

(Ord. No. 3996, § 2, 2-10-09; Ord. No. 4085, § 1, 8-26-14)

The Board of Supervisors may waive all or part of any fee set forth in the Butte County Code that they have the legal authority to waive, if the applicant is a public entity or nonprofit charitable organization or if the Board of Supervisors finds that it is otherwise in the public interest to do so.

(Ord. No. 3987, § 2, 7-22-08)