Culver City Municipal Code Ch. 1.01 General Provisions

Section

Cross-reference:

Administrative citations, see Ch. 1.02

Suspension of taxes, see § 3.08.005

The ordinances embraced in the following Chapters and Sections shall constitute and be designated as “The Code of the City of Culver City, California,” and may be so cited.

('65 Code, § 1-1)

Cross-reference:

For authority of City to codify, see Charter Art. V, § 613

In addition to the definitions set forth in § 200 of the Charter, the following definitions shall apply to this Code, unless the context clearly requires otherwise:

CODE, MUNICIPAL CODE, THE CODE or THIS CODE. The Code of the City of Culver City, California.

COMPUTATION OF TIME. 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 Sunday or a legal holiday, that shall be excluded.

COUNTY, THE COUNTY or THIS COUNTY. These terms shall refer to Los Angeles County, California.

DEPARTMENT, BOARD, COMMISSION, OFFICE, OFFICER or EMPLOYEE. Whenever any department, board, commission, office, officer or employee is referred to, it shall mean of the City of Culver City, California, unless the context clearly indicates otherwise.

GENDER. Words importing the masculine gender shall include the feminine and neuter.

HEALTH OFFICER. The director of the County Health Department or his authorized agent.

MONTH. A calendar month, unless otherwise expressed.

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

OATH. Includes affirmation.

OR and AND. OR may be read AND, and AND may be read OR, if the sense requires it.

OWNER. When applied to a building or land, this term shall include any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety of the whole or a part of such building, or land.

PERSON. Includes a corporation, firm, partnership, association, organization and any other group acting as a unit, as well as an individual.

PERSONAL PROPERTY. Includes every species of property, except real property as herein defined.

PRECEDING; FOLLOWING. Next before and next after, respectively.

PROPERTY. Includes real and personal property.

REAL PROPERTY. Includes lands, tenements and hereditaments.

SHALL and MAY. SHALL is mandatory and MAY is permissive.

SIGNATURE; SUBSCRIPTION. Includes a mark when the person cannot write.

TENANT; OCCUPANT. When applied to a building or land, these terms shall include any person who occupies the whole or a part of such building or land whether alone or with others.

TIME. Words used in the past or present tense include the future as well as the past and present, and the future tense includes the present tense.

WRITING; WRITTEN. Printing and any other mode of representing words and letters.

YEAR. A calendar year.

('65 Code, § 1-2) (Ord. No. 2006-009 §§ 2, 3)

A. Notwithstanding the definition of the term SHALL as set forth in § 1.01.010, no provision, section, or enactment, which is part of this Code, shall be construed to hold the City or any officer or employee thereof responsible or liable for any action or inaction relating to any official duty created by this Code.

B. No ordinance, resolution, enactment, motion or policy made by the City shall be construed to hold the City or any officer or employee thereof responsible or liable for any action or inaction relating to any official duty established by the ordinance, resolution, enactment, motion or policy.

('65 Code, § 1-2.1) (Ord. No. 85-010 § 1)

The catchlines of the several sections of this Code printed in boldface type 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, or as any part of the sections; nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchline, are amended or re-enacted.

('65 Code, § 1-3)

A. The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect.

B. 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 an offense committed under the ordinance repealed.

('65 Code, § 1-4)

It is hereby declared to be the intention of the 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 the court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code.

('65 Code, § 1-5)

A. Whenever “violate” or “violation” is used herein, it shall be deemed to mean:

1. The performance of an act, or the permitting or the causing of the performance of an act prohibited or declared to be unlawful or an offense by this Code or any ordinance of the City.

2. The failure to do any act required by the Code or any ordinance of the City.

B. Any violation of this Code or any ordinance of the City shall constitute a misdemeanor; provided, however, that a violation shall constitute an infraction when a provision of this Code or any ordinance of the City specifically declares a violation to be an infraction; provided, further, that any violation which would constitute a misdemeanor may be prosecuted as an infraction, at the discretion of the City Attorney.

C. No person shall violate any provision of the Code or any ordinance of the City.

D. Whenever in this Code any act or omission is made unlawful, it shall include causing, permitting, aiding, abetting, suffering or concealing the fact of such act or omission.

E. In addition to the penalties provided for in this Code, any condition caused or permitted to exist in violation of any of the provisions of this Code shall be deemed a public nuisance, and may be summarily abated as such by the City. Every day such condition continues shall constitute a new and separate offense.

F. Each and every day during any portion of which any violation of any provision of this Code is committed, continued or permitted by such person shall constitute a separate offense. A person may be charged with a separate offense for each such violation and punished accordingly.

('65 Code, § 1-10) (Ord. No. 85-018 § 1; Ord. No. 90-023 § 1; Ord. No. 2008-002 §§ 1-3)

Unless otherwise specified by this Code, a misdemeanor is punishable by a fine not exceeding One Thousand Dollars ($1,000.00), imprisonment for a term not exceeding six (6) months, or by both such fine and imprisonment.

('65 Code, § 1-10.1) (Ord. No. 85-018 § 1)

Except as otherwise provided in this Code, an infraction shall be punishable by:

A. A fine not exceeding One Hundred Dollars ($100.00) for a first violation;

B. A fine not exceeding Two Hundred Dollars ($200.00) for a second violation of the same provision of this Code within one year;

C. A fine not exceeding Five Hundred Dollars ($500.00) for each additional violation of the same provision of this Code within one year.

('65 Code, § 1-10.2) (Ord. No. 85-018 § 1; Ord. No. 90-023 § 2; Ord. No. 96-019 § 1; Ord. No. 2008-002 § 4)

Any person who violates any provision of this Code or any ordinance of the City is liable for a civil penalty not to exceed One Thousand Dollars ($1,000.00) for each day, or part thereof, such violation occurs. The City Attorney is authorized to bring a civil action for remedies which may include, but are not limited to, injunctive relief, in any court of competent jurisdiction.

('65 Code, § 1-10.3) (Ord. No. 85-018 § 1; Ord. No. 91-016, § 1)

Unless otherwise expressly provided, the remedies and penalties provided by this Chapter are cumulative to each other, and to the remedies and penalties available under any other provision of this Code and any other laws.

('65 Code, § 1-10.4) (Ord. No. 85-018 § 1; Ord. No. 2008-002 § 5)

A. Authority to arrest. A public officer or employee may arrest a person without a warrant whenever he has reasonable cause to believe that the person to be arrested has committed a misdemeanor in his presence which is a violation of an ordinance of the City of Culver City which such officer or employee has the duty to enforce.

B. Public officers or employees authorized to arrest. The City Council shall by resolution specify the title of public officers and employees and the specific ordinances they have the duty to enforce.

C. Citations for misdemeanors. In any case in which a person is arrested pursuant to Subsection A. and the person arrested does not demand to be taken before a magistrate, the public officer or employee making the arrest shall prepare a written notice to appear and release the person on his promise to appear, subject to the provisions of Cal. Penal Code §§ 853.5 et seq.

D. Employees of public pounds, societies for the prevention of cruelty to animals, and humane societies. Employees of public pounds, societies for the prevention of cruelty to animals, and humane societies may issue notices to appear in court subject to Cal. Penal Code §§ 853.5 et seq., for violations of state or local animal control laws, provided that such humane societies or pounds have contracted with the City of Culver City to provide animal care or protection services.

1. Such employees shall not be authorized to take any person into custody.

2. The authority of such employees shall be limited to the area within the boundaries of the City of Culver City.

('65 Code, § 1-11) (Ord. No. CS-899 § 1; Ord. No. CS-412; Ord. No. 95-009 § 1)

Wherever in this Code the “Municipal Code Appeals Committee” is referred to as the designated hearing body, its members shall consist of the City Manager or his/her designee, the Fire Chief or his/her designee, and the Community Development Director or his/her designee.

(Ord. No. 2013-009 § 5)