Citrus Heights Municipal Code Ch. 1 General Provisions

(a) This Code shall be known as the Citrus Heights Code. It shall be sufficient to refer to this Code as the Citrus Heights Code in any prosecution for violation of any section of this Code in any proceeding at law or equity. It shall be sufficient to designate any ordinance adding to, amending, correcting or repealing all or any part of this Code as an addition to, amendment to, correction of, or repeal of the Citrus Heights Code.

(b) References in this Code may be to the chapters, articles, divisions, sections and subsections of the Citrus Heights Code, and such reference shall apply to that numbered chapter, article, division, section or subsection as it appears in this Code.

(Ord. No. 97-01, § 2(1.01.020), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

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

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

California Codes. A reference to a section of a California Code refers to that California Code section, as amended.

City, this city. The terms "city" and "this city" refer to the City of Citrus Heights, California.

Code. The term "Code" means the Citrus Heights Code.

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.

Council, city council. The terms "council" and "city council" refer to the city council of Citrus Heights, California.

County. The term "county" means the County of Sacramento.

Delegation of authority. Whenever a power is granted to or a duty is imposed upon a city officer or employee, the power may be exercised or the duty may be performed by a designee of such officer or employee, or by a person duly authorized pursuant to law or ordinance, unless this Code expressly provides otherwise.

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.

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

Oath. The term "oath" includes an affirmation.

Officer, employee, department, board, commission or agency. Whenever a reference to an officer, employee, department, board, commission or agency appears, it shall be construed as if followed by the words "of the City of Citrus Heights, California."

Operate; engage in. The terms "operate" and "engage in" include carry on, keep, conduct, maintain, or cause to be kept or maintained.

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

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, club, company, corporation, business trust, public entity, or organization of any kind.

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 be dedicated and open to public use, or such other public property so designated in any law of this state.

Tenant and occupant. The terms "tenant" and "occupant," when pertaining to a building or land, include 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.

(Ord. No. 97-01, § 2(1.01.030), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

The repeal provided for in the ordinance adopting this Code shall not affect 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 adoption of this Code.

(2) Any ordinance 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, or any contract or obligation assumed by the city.

(3) The administrative ordinances of the city not in conflict or inconsistent with the provisions of this Code.

(4) Any resolution of the city.

(5) Any right or franchise conferred by ordinance of the city on any person or corporation.

(6) The zoning ordinance, Ordinance No. 98-09, and any amendments thereto and any ordinance rezoning specific property.

(7) Any ordinance levying or relating to taxes not inconsistent with this Code.

(8) Any ordinance establishing traffic regulations for specific locations, streets or portions thereof within the city.

(9) Any ordinance relating to compensation of city officers and employees.

(10) Any ordinance naming, renaming, opening or closing streets or establishing the grades thereof.

(11) Any prosecution, suit or proceeding pending or any judgment rendered on or prior to the date of adoption of this Code

(12) Any ordinance passed after the date of adoption of the last ordinance included in this Code prior to its adoption.

(13) Any ordinance approving a redevelopment plan for the city or any portion thereof.

The following county ordinances or parts thereof relating to speed zones are excluded from repeal, and their effect, if any, shall be the same as if this Code had not been adopted:

(Ord. No. 97-01, § 2(1.01.040, 1.01.041), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

The sections of this Code, insofar as they are substantially the same as previously existing ordinance provisions relating to the same subject matter, shall be construed as restatements and continuations thereof and not as new enactments.

(Ord. No. 97-01, § 2(1.01.050), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

No action or proceeding commenced before this Code takes effect, and no right accrued, is affected by the sections of this Code, but all procedures thereafter taken shall conform to this Code so far as possible.

(Ord. No. 97-01, § 2(1.01.060), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

Any rights given by license or certificate under any ordinance repealed by this Code are not affected by the enactment of this Code or by such repeal; but such rights shall be exercised according to this Code.

(Ord. No. 97-01, § 2(1.01.070), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

Whenever reference is made to any portion of this Code or of any other law of the state, the reference applies to all amendments and additions made.

(Ord. No. 97-01, § 2(1.01.090), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

Whenever, by this Code, a power is granted to a public officer or a duty is imposed upon a public officer, the power may be exercised or the duty performed by a deputy of the officer or by a person authorized pursuant to law by the officer.

(Ord. No. 97-01, § 2(1.01.100), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

The sections of this Code shall be liberally construed to obtain the purposes and objects of this Code.

(Ord. No. 97-01, § 2(1.01.110), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

Unless the provision or the context otherwise requires, the general provisions, rules of construction, and definitions set forth in this chapter shall govern the construction of this Code.

(Ord. No. 97-01, § 2(1.01.120), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

Whenever any notice, report, statement, or record is required by this Code, it shall be made in the English language.

(Ord. No. 97-01, § 2(1.01.140), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

If any provision of this Code or the application thereof to any person or circumstances is held invalid, the remainder of the Code or the application of such provision to other persons or circumstances shall not be affected thereby.

(Ord. No. 97-01, § 2(1.01.150), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

Whenever a certain hour or time of day is specified in this Code, such hour or time shall be Pacific Standard Time or Pacific Daylight Saving Time, whichever is in current use in the city.

(Ord. No. 97-01, § 2(1.01.160), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

No section of this Code shall be construed as imposing upon the city any liability or responsibility for personal injury or property damage resulting from any activity or condition which arises or exists by virtue of any section or requirement of this Code, including construction, installation, or repair of any facility, equipment or property, or from any defect therein; nor shall the city or any officer or employee thereof be held as assuming any liability or responsibility by reason of any inspection authorized in this Code.

(Ord. No. 97-01, § 2(1.01.170), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

Except as otherwise provided in this Code, all fees collected shall be paid into the city treasury.

(Ord. No. 97-01, § 2(1.01.180), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

The catchlines of the several sections and subsections of this Code, printed in boldface or italic type, and the chapter, article and division headings are intended as mere catchwords to indicate the contents of the section, subsection, chapter, article or division and shall not be deemed or taken to be titles or a substantive portion of any such section, subsection, chapter, article or division, nor, unless expressly so provided, shall they be so deemed when any of such sections, subsections, chapters, articles or divisions, including the catchlines or headings, are amended or reenacted.

(Ord. No. 97-01, § 2(1.01.130), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

The history notes appearing in parentheses after each section and the editor's notes and state law and cross reference notes throughout the Code are for the benefit of the user of the Code and shall not be considered as part of the text of the Code.

(a) Supplements to this Code shall be prepared and printed whenever authorized or directed by the city. A supplement to this Code shall include all substantive permanent and general parts of ordinances adopted during the period covered by the supplement and all changes made thereby in the Code. The pages of the 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. The new pages shall be prepared so 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 omitting them from the reprinted pages.

(c) When preparing a supplement to this Code, the person authorized city clerk to prepare the supplement may make formal, nonsubstantive changes in ordinances and parts of ordinances included in the supplement, as may be necessary to form a unified code. For example, the person may:

(1) Arrange the material into appropriate organizational units.

(2) Supply appropriate catchlines, headings and titles for chapters, articles, divisions, subdivisions, sections and subsections to be included in the Code and make changes in any such catchlines, headings and titles or in any such catchlines, headings and titles already in the Code.

(3) Assign appropriate numbers to chapters, articles, divisions, subdivisions and sections to be added to the Code.

(4) Where necessary to accommodate new material, change existing numbers assigned to chapters, articles, divisions, subdivisions or sections.

(5) Change the words "this ordinance" or similar words to "this chapter," "this article," "this division," "this subdivision," "this section" or "sections _____ to _____" (inserting section numbers to indicate the sections of the Code that embody the substantive sections of the ordinance incorporated in the Code).

(6) Make other nonsubstantive changes necessary to preserve the original meaning of the ordinances inserted in the Code.

(a) This Code may be amended with the following language: "Section (chapter, article, division or subdivision, as appropriate) of the Citrus Heights Code is hereby amended to read as follows:…."

(b) If a new section, subdivision, division, article or chapter is added to the Code, the following language may be used: "Section (chapter, article, division or subdivision, as appropriate) of the Citrus Heights Code is hereby created as follows:…."

(c) All provisions desired to be repealed should be repealed specifically by section, subdivision, division, article or chapter number, as appropriate, or by setting out the repealed provisions in full in the repealing ordinance.

(a) Whenever in this Code or in any ordinance of the city an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor or whenever in such Code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, and no specific penalty is provided therefor, the violation of any such provision or the failure to perform any such act shall be punished by a fine not exceeding $1,000.00 or by imprisonment not to exceed six months or by both such fine and imprisonment, at the discretion of the court.

(b) Violation of any provision of this Code or city ordinance shall be a misdemeanor unless by such provision it is made an infraction. Such a violation may be prosecuted in the name of the people of the state or redressed by civil action. Every violation determined to be an infraction is punishable by:

(1) A fine not exceeding $100.00 for a first violation.

(2) A fine not exceeding $200.00 for a second violation of the same provision within one year.

(3) A fine not exceeding $500.00 for each additional violation of the same provision within one year.

(c) Each day any such violation or failure to perform such act shall continue shall constitute a separate offense, unless otherwise specifically provided.

(Ord. No. 97-01, § 2(1.01.190), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

State Law reference— Penalties for violations of city ordinances, Government Code §§ 36900, 36901.

(a) Contents. If any person is arrested for the violation of any ordinance of the city, which violation is punishable as a misdemeanor, and such person is not immediately taken before a magistrate, the arresting officer shall prepare in duplicate a written notice to appear in court. The notice shall contain the following:

(1) The name and address of the person;

(2) The offense charged; and

(3) The time and place where and when such person shall appear in court.

(b) Time of appearance. The time specified in the notice to appear in court shall be at least five days after such arrest.

(c) Place of appearance. The place specified in the notice to appear in court shall be either:

(1) Before the judge of a justice court or a municipal court judge and who has jurisdiction of the offense and who is nearest and most accessible with reference to the place where the arrest is made; or

(2) Upon demand of the person arrested, before a judge of a justice court or a municipal court judge having jurisdiction of such offense or before a judge in the judicial district in which the offense is alleged to have been committed.

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

(e) Filing notice; bail. The officer shall, as soon as practicable, file the duplicate notice with the magistrate specified therein. Thereupon the magistrate shall fix the amount of bail which, in the magistrate's judgment, in accordance with Penal Code § 1275, will be reasonable and sufficient for the appearance of the defendant and shall endorse upon the notice to appear a statement signed by the magistrate in the form set forth in Penal Code § 815a. The defendant may, prior to the date upon which he or she promised to appear in court, deposit with the magistrate the amount of the bail thus set. Thereafter, at the time when the case is called for arraignment before the magistrate, if the defendant shall not appear either in person or by counsel, the magistrate may declare the bail forfeited and may, in the magistrate's discretion, order that no further proceedings shall be had in such case. Upon the making of such order that no further proceeding be had, all sums deposited as bail shall forthwith be paid into the city treasury for distribution pursuant to Penal Code § 1463.

(f) Restrictions on issuance of warrant. No warrant shall issue on such charge for the arrest of a person who has given his or her written promise to appear in court, unless and until he or she has violated such promise or has failed to deposit bail; to appear for arraignment, trial or judgment; or to comply with the terms and provisions of the judgment, as required by law.

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

(h) Warrant issuance when promise violated. When a person signs a written promise to appear in court at the time and place specified in the written promise to appear and has not posted bail as provided in subsections (d) and (e) of this section, the magistrate shall issue and have delivered for execution a warrant for the person's arrest within 20 days after such person's failure to appear as promised.

(Ord. No. 97-01, § 2(1.04.010—1.04.080), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)