Compton Municipal Code Ch. 1 General Provisions

[Ord. #856, § 1100]

For statutory provisions authorizing cities to codify their ordinances, see Gov. Code §§ 50022.1 to 50022.8 and 50022.10.

This Code shall be known as the "Compton Municipal Code, 1985," and it shall be sufficient to refer to said Code as the "Compton Municipal Code" in any prosecution for the violation thereof, or to refer to any Chapter, Article, section or subsection thereof by referring to the Chapter number, section number or subsection number immediately preceding such Chapter, section or subsection. It shall also be sufficient to designate any ordinance adding to, amending, or repealing this Code, or portions thereof, as an addition or amendment to, or a repeal of, the Compton Municipal Code, or a portion thereof.

[Ord. #856, § 1101]

This record consists of all of the regulatory and penal and of certain of the administrative ordinances of the City of Compton, codified pursuant to Section 610 of the City Charter of the City of Compton.

[Ord. #856, §§ 1300 — 1325; New; Ord. 2240]

For the purpose of this Code, and in the interpretation and application of all other ordinances heretofore or hereafter adopted, except as the context may otherwise require, the following words and phrases shall have the following definitions:

CHIEF OF POLICE OR CHIEF OF POLICE OF THE COMPTON POLICE DEPARTMENT

Shall mean and include, unless otherwise specified, the qualified designated representative of the law enforcement agency or agencies authorized by the City to enforce the laws of the City of Compton and/or State of California within the jurisdiction of the City of Compton, who is authorized to exercise all the powers that are now, or may hereafter be conferred upon sheriffs and other police officers by the laws of the State of California.

CITY

Shall mean the City of Compton in the County of Los Angeles and State of California.

CITY COUNCIL OR COUNCIL

Shall mean the Council of the City of Compton.

CLERK OR CITY CLERK

Shall mean the City Clerk of the City of Compton duly appointed pursuant to law.

COMPTON POLICE DEPARTMENT OR POLICE DEPARTMENT OR POLICE DEPARTMENT OF THE CITY OF COMPTON

Shall mean and include, unless otherwise specified, the law enforcement agency or agencies authorized by the City to enforce the laws of the City of Compton and/or State of California within the jurisdiction of the City of Compton.

COUNCIL

Shall mean the City Council of the City of Compton.

COUNTY

Shall mean the County of Los Angeles.

DEPARTMENT

Shall mean an organizational unit of the government established or designated by ordinance or this Code as a department, together with any agency or instrumentality of the government assigned to such Organizational unit by the City Council.

GOODS

Shall mean and include wares or merchandise.

LAWS

Shall mean laws of the State of California.

LICENSED

Shall mean licensed in accordance with the appropriate section or Chapter of this Code.

MONTH

Shall mean a calendar month unless otherwise specifically provided.

OATH

Shall mean and include affirmation.

OFFICE

The use of the title of any officer, employee, office or ordinance shall mean such officer, employee, office or ordinance respectively of the City of Compton.

OPERATE

Shall mean and include carry on, keep, conduct or maintain.

ORDINANCE

Shall mean any act of local legislation heretofore or hereafter adopted, and including this revision, so long as it is adopted by the procedure required for the adoption of an ordinance and so long as it remains in force and effect pursuant to the law. Ordinance refers to an ordinance of the City of Compton.

OWNER

Applied to a building or land, shall mean and include any part owner, joint owner, tenant, tenant in common or joint tenant of the whole or a part of such building or land.

PERSON

Shall mean any individual, natural persons, partnerships, joint ventures, societies, associations, clubs, trustees, trusts, Massachusetts Trusts, corporations or unincorporated groups; or any officers, agents, employees, servants, factors of any kind of personal representatives of any thereof in any capacity, acting either for himself or for any other person, under either personal appointment or pursuant to law.

SALE

Shall mean and include any sale, exchange, barter or offer for sale.

STATE

Shall mean the State of California.

STREET

Shall mean and include all streets, highways, avenues, lanes, alleys, courts, places, squares, sidewalks, parkways, curbs, or other public ways in this City which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this State.

TENANT OR OCCUPANT

Applied to a building or land, shall mean and include any person who occupies the whole or part of such building or land, whether alone or with others.

THIS CODE

Shall mean the General Ordinances of the City of Compton.

YEAR

Shall mean a calendar year unless otherwise specifically provided.

[Ord. #856, § 1300 et seq.; New]

Unless the provisions of the context otherwise require, these general provisions, rules of construction and definitions shall govern the construction of this Code. The provisions of this Code and all proceedings under it are to be construed with a view to effect its objects and to promote justice.

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

The masculine gender includes the feminine and neuter.

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

Shall is mandatory and may is permissive.

The time within which an act is to be done shall be computed by excluding the first and including the last day and if the last day be a Sunday, a legal holiday, or a day on which the offices of the City are closed, that day shall be excluded.

Writing and written shall include printing, typewriting and any other mode of communication using paper or similar materials which is in general use, as well as legible handwriting. Writing includes any form or 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.

Effect of Headings. Section and subsection headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any section or subsections hereof.

Reference to Acts or Omissions Within this City. This Code shall refer only to the omission or commission of acts within the territorial limits of the City and to that territory outside of the City over which the City has jurisdiction or control by virtue of the Constitution, or any law, or by reason of ownership or control of property.

Prohibited Acts Include Causing, Permitting, or Suffering. Whenever in this Code any act or omission is made unlawful, it shall include causing, permitting, aiding, abetting, suffering, or concealing such act or omission.

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

Service of Notice. Whenever a notice is required to be given under this Code, unless different provisions herein are otherwise specifically made, such notice may be given either by personal delivery thereof to the person to be notified, or by deposit thereof in the United States mail, in a sealed envelope, postage prepaid, addressed to such person to be notified, at his last known business or residence address as the same appears in the public records of the City or other records pertaining to the matter to which such notice is directed. Service by mail shall be deemed to have been completed at the time of deposit in the post office.

Proof of Notice. Proof of giving any notice may be made by the certificate of any officer or employee of the City, or by affidavit of any person over the age of 18 years, which shows service in conformity with this Code, or other provisions of law applicable to the subject matter concerned.

Whenever a specific time is used in this Code, it shall mean the prevailing and established time in effect in the State of California during any day in any year.

Any citation of a law or ordinance contained in this Code shall be deemed to refer to such law or ordinance as amended, whether or not such designation is included in the citation.

Chapter shall mean one of the major divisions of the Code identified by an Arabic number and divided by the subject matter.

"Section" shall mean a major subdivision of a Chapter.

"Subsection" shall mean a subdivision of a section, identified by a decimal number.

"Paragraph" shall mean a subdivision under a subsection, identified by an alphabetical letter or Arabic number.

[Ord. #856, § 1105]

If any Chapter, section, subsection or paragraph of this Code shall be declared to be unconstitutional, invalid, or inoperative, in whole or in part, by a court of competent jurisdiction, such Chapter, section, subsection or paragraph shall, to the extent that it is not unconstitutional, invalid or inoperative, remain in full force and effect, and no such determination shall be deemed to invalidate the remaining Chapters, sections, subsections or paragraphs of this revision.

[Ord. #856, § 1103.1; Ord. #2175, § 1]

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

[Ord. #856, § 1106; New; Ord. #2175, § 2]

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.