Colusa Municipal Code Ch. 1 General Provisions

The ordinances embraced in this and the following chapters and sections shall constitute and be designated "The Code of the City of Colusa, California," and may be so cited. Such Code may also be known and cited as the "Colusa City Code."

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 Colusa."

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

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.

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

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

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

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

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

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 unless otherwise specified.

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

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

Oath. [8] "Oath" includes affirmation,

Officer, department, etc. Every officer, department, board, commission or similar body mentioned in this Code shall mean an officer, department, board, commission or similar body of the City of Colusa unless otherwise specified.

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.

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

Personal property. [10] "Personal property" includes every species of property, except real property, as herein defined.

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

Property. [11] The word "property" shall include real and personal property.

Real Property. [12] "Real property" shall include, tenements and hereditaments.

Shall, may. [13] "Shall" is mandatory and "may" is permissive.

Signature or subscription by mark. [14] "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.

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 owners or any person holding a written or an oral lease of or who, the whole or a part of such building or land, either along or with others.

Tenses. [15] The present tense includes the past and future, and the future includes the present.

Week. [16] A week consists of seven consecutive days.

Writing. [17] "Writing" includes any form of a 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.

Year. [18] The word "year" shall mean a calendar year, except where otherwise provided.

Footnotes:

--- (1) ---

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

--- (2) ---

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

--- (3) ---

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

--- (4) ---

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

--- (5) ---

See Gov. C., § 12.

--- (6) ---

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

--- (7) ---

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

--- (8) ---

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

--- (9) ---

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

--- (10) ---

See Gov. C., § 14.

--- (11) ---

See Gov. C., § 14.

--- (12) ---

See Gov. C., § 14.

--- (13) ---

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

--- (14) ---

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

--- (15) ---

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

--- (16) ---

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

--- (17) ---

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

--- (18) ---

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

The provisions appearing in this, 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 repeal of an ordinance shall not revive 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.

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, nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or re-enacted.

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 or invalid by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code.

Whenever in this Code or in any other ordinance or resolution of the city or in any order, rule or regulation issued or promulgated pursuant thereto, any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or the doing of any act is required or the failure to do any act is declared to be unlawful or an offense or a misdemeanor, where no specific penalty is provided therefore, the violation of any such provision of this Code or any other ordinance or resolution of the city or any such order, rule or regulation 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.

Every day any violation of this Code or any other ordinance or resolution of the city or any such order, rule or regulation shall continue shall constitute a separate offense.

(Ord. No. 452, § 3, 1-19-2010)

Footnotes:

--- (19) ---

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., § 36901. For provision declaring violation of ordinance to be a misdemeanor, see Gov. C., § 36900.

Editor's note— Ord. No. 457, § 4, adopted July 6, 2010, repealed § 1-8 which pertained to requiring prisoners to labor on public works and derived from Ord. No. 5, § 63.

If any person is arrested for a violation of this code or any other ordinance of the city and such person is not immediately taken before a magistrate as prescribed in the state Penal Code, 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 where and when such person shall appear in court.

(Ord. No. 169, § 1.)

Footnotes:

--- (20) ---

For state law authorizing city to provide for citation of violators of city ordinances, see Pen. C., § 853.1 et seq.

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

(Ord. No. 169, § 2.)

When a person signs a written promise to appear at the tine and place specified in the written promise to appear and has not posted bail as provided in section 853.1 of the state Penal Code, the magistrate shall issue and have delivered for execution a warrant for his arrest within twenty days after his failure to appear as promised, or if such person promises to appear before any officer authorized to accept bail other than a magistrate and fails to do so on or before the date which he promised to appear, then, within twenty days after the delivery of such written promise to appear by the officer to a magistrate having jurisdiction over the offense.

(Ord. No. 169, § 3.)