Davis Municipal Code Art. 1.01 In General

There is hereby adopted the "Davis Municipal Code," as compiled, edited and published by Book Publishing Company, Seattle, Washington.

(Ord. 2012 § 1, 1999)

This Code shall be known as the "Davis Municipal Code" and it shall be sufficient to refer to said Code as the "Davis Municipal Code" in any prosecution for the violation of any provision thereof or in any proceeding of law or equity. It shall be sufficient to designate any ordinance adding to, amending, correcting or repealing all or any part or portion thereof as an addition to, amendment to, correction or repeal of the "Davis Municipal Code." References may be made to the titles, chapters, sections and subsections of the "Davis Municipal Code" and such references shall apply to those titles, chapters, sections or subsections as they appear in the Code.

(Ord. 1313 § 1; Ord. 2012 § 2, 1999)

The last ordinance included in this Code was Ordinance No. 1966. The following ordinances, passed subsequent to Ordinance No. 1966, but prior to the adoption of this Code, are hereby adopted and made a part of this Code: 1967, 1968, 1969, 1970, 1972, 1975, 1976, 1983, 1984, 1985, 1986, 1987, 1992, 1995, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007.

(Ord. 2012 § 6, 1999)

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 Davis."

Code.

The words "the Code" or "this Code" shall mean "The Davis Municipal Code," and any amendment or addition thereto.

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.

Whenever the words "city council" or "council" are used in this Code, they shall be construed to mean the city council of the City of Davis.

County.

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

Day.

A day is the period of time between any midnight and the midnight following.

Daytime, nighttime.

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

Gender.

Each gender designation shall be construed as including masculine, feminine and neuter. Alternating gender designations such as "he or she" shall also be construed as including the masculine, the feminine and the neuter gender.

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.

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.

Month.

The word "month" shall mean a calendar month.

Number.

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

Oath.

"Oath" includes an affirmation.

Officers, departments, etc.

Officers, departments, boards, commissions and employees referred to in this Code shall mean officers, departments, boards, commissions and employees of the City of Davis, unless the context clearly indicates otherwise.

Official time.

Whenever certain hours are named in this Code, they shall mean Pacific Standard Time or Daylight Saving Time, as may be in current use in the city.

Owner.

The word "owner," applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or of a part of such building or land.

Person.

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

Personal property.

Personal property includes every species of property, except real property, as defined in this section.

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.

Property.

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

"Real property"

shall include lands, tenements and hereditaments.

Shall, may.

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

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 or her 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.

Street.

All streets, highways, avenues, boulevards, alleys, courts, places, squares 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 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.

Week.

A week consists of seven consecutive days.

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.

Year.

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

(Code 1964 § 1-2.01)

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 any person otherwise duly authorized pursuant to law or ordinance unless this Code expressly provides otherwise.

(Code 1964 § 1-3.05)

The provisions of this Code shall not in any manner affect matters of record which refer to, or are otherwise connected with, ordinances which are therein specifically designated by number or otherwise and which are included within the Code, but such reference shall be construed to apply to the corresponding provisions contained within this Code.

(Code 1964 § 1-3.02; Ord. 2012 § 5, 1999)

The adoption of this Code does not affect prosecutions for ordinance violations committed prior to the effective date of this Code, does not waive any fee or penalty due and unpaid on the effective date of this Code, and does not affect the validity of any bond or cash deposit posted, filed or deposited pursuant to the requirements of any ordinance.

(Code 1964 § 1-1.03; Ord. 2012 § 7, 1999)

References in city forms, documents and regulations to the chapters and sections of the former city code shall be construed to apply to the corresponding provisions contained within this Code.

(Code 1964 § 1-1.04; Ord. 2012 § 9, 1999)

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 section, nor unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted.

Chapter, article and section 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 chapter, article or section hereof.

(Code 1964 § 1-3.03)

Whenever a reference is made to this Code as the "Davis Municipal Code" or to any portion thereof, or to any ordinance of the City of Davis codified herein, the reference shall apply to all amendments, corrections and additions heretofore, now or hereafter made.

(Code 1964 § 1-3.04; Ord. 2012 § 3, 1999)

This Code shall refer only to the omission or commission of acts within 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.

(Code 1964 § 1-3.10)

The city shall have the authority to enforce all applicable state laws, regulations, and legally enforceable orders with any duly adopted amendments using any valid enforcement mechanism defined by Chapter 1 of the Davis Municipal Code, and applicable state law.

(Ord. 2648 § 1, 2023)

If any section, subsection, sentence, clause or phrase of this Code is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Code.

(Code 1964 § 1-1.05; Ord. 2012 § 8, 1999)

Whenever in this Code or in any other ordinance of the city or in any rule or regulation 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 therefor, the violation of any such provision of this Code or any other ordinance of the city or any such rule or regulation shall be punished by a fine not exceeding one thousand dollars or imprisonment for a term not exceeding six months, or by both such fine and imprisonment. Such violations may also be redressed by civil action.

Except as otherwise specified in this Code, every day any violation of this Code or any other ordinance of the city or any such rule or regulation shall continue shall constitute a separate offense.

In addition to the penalties hereinabove provided, 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, by this city, summarily abated, and a new and separate offense shall be deemed to exist each day such condition continues.

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.

(Code 1964 §§ 1-4.01, 1-4.02; Ord. 788 § 1; Ord. 2390 § 5, 2012)

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As to penalty for violation of bicycle regulations, see § 6.01.040 of this Code.

The provisions of this Code and other ordinances which declare certain crimes to be punishable as therein mentioned devolve a duty upon the court authorized to pass sentence to determine and impose the punishment prescribed.

(Code 1964 § 1-4.03)

Whenever in this Code or other city ordinances, the punishment for a crime is left undetermined between certain limits, the punishment to be inflicted in a particular case shall be determined by the court authorized to pass sentence, within such limits as may be prescribed by this Code.

(Code 1964 § 1-4.04)

Every person found guilty of violating any of the provisions of this Code or any other city ordinance and sentenced to imprisonment shall be imprisoned in the County Jail.

(Code 1964 § 1-4.05)

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

(Code 1964 § 1-5.01)

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

When a person signs a written promise to appear at the time and place specified in the written promise to appear and has not posted bail as provided in Section 853.1 of the Penal Code of the state, the magistrate shall issue and have delivered for execution a warrant for his or her arrest within twenty days after his or her failure to appear as promised.

(Code 1964 § 1-5.02, 1-5.03)

Whenever a notice is required to be given under this Code, unless different provisions herein are otherwise specifically made in this Code, such notice may be given either by personal delivery thereof to the person to be notified or by deposit in the United States mail in a sealed envelope postage prepaid, addressed to such person to be notified, at his or her 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.

(Code 1964 § 1-3.06)

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 eighteen years, which shows service in conformity with this Code, or other provisions of law applicable to the subject matter concerned.

(Code 1964 § 1-3.07)

The following public place in the city is hereby designated as the place for posting public notices in accordance with Section 54954.2 of the Government Code of the state: the bulletin board at the main entrance of the City Hall.

(Code 1964 § 9-1.01; Ord. 814 § 1; Ord. 2390 § 4, 2012)

(a) Scope. This section shall govern all claims against the city for money or damages not otherwise governed by the Tort Claims Act, California Government Code Section 900 et seq., or another state law (hereinafter in this section "claims").

(b) Form of claim. All claims shall be made in writing and verified by the claimant or by his or her guardian, conservator, executor, or administrator. No claims may be filed on behalf of a class of persons unless verified by every member of that class as required by this section. In addition all claims shall contain all of the following as required under California Government Code Section 910:

(1) The name and post office address of the claimant;

(2) The post office address to which the person presenting the claim desires the notices to be sent;

(3) The date, place, and other circumstances of the occurrence or transaction which gave rise to the claim asserted;

(4) A general description of the indebtedness, obligation, injury, damage, or loss incurred so far as it may be known at the time of presentation of the claim;

(5) The name or names of the public employee or employees causing the injury, damage, or loss, if known;

(6) The amount claimed if it totals less than ten thousand dollars as of the date of presentation of the claim, including the estimated amount of any prospective injury, damage, or other loss, insofar as it may be know at the time of presentation of the claim, together with the basis of computation of the amount claimed. If the amount exceeds ten thousand dollars, no dollar amount shall be included in the claim. However, it shall indicate whether the claim would be a limited civil case.

(c) Timing of claim. All claims for money damages shall be brought according to the following requirements:

(1) Claims for personal or property injury shall be brought not later than six months after the accrual of the cause of action;

(2) All other types of claims shall be brought not later than one year after the accrual of the cause of action.

(d) Written agreements. Pursuant to Chapter 5 (commencing with Section 930) of Part 3 of Division 3.6 of Title 1 of the Government Code, written agreements entered into by or in behalf of the city may provide that all claims arising out of or related to the agreement must be presented not later than one year after the accrual of the cause of action. Such claims shall be governed by this section.

(e) Claim prerequisite to suit. In accordance with California Government Code Section 935(b) and 945.6, all claims shall be presented as provided in this section and acted upon by the city council prior to filing of any action on such claims and no such action may be maintained by a person who has not complied with the requirements of this section.

(f) Suit. Any action brought against the City of Davis upon any claim or demand shall conform to the requirements of Section 940-949 of the California Government Code. Any action brought against any employee of the City of Davis shall conform with the requirements of Section 950-951 of the California Government Code.

(g) No reinstatement or revival. Nothing in this section revives or reinstates any cause of action which, on the effective date of the ordinance codified in this section, is barred by either (1) failure to comply with an applicable statute, regulation or ordinance requiring the presentation of a claim; or (2) failure to commence an action thereon within the period prescribed by an applicable statute of limitations.

(h) Retroactivity. Subject to subsection (g) of this section, where a cause of action accrued prior to the effective date of this section, the provisions of this section shall apply retroactively to such cause of action, and to any claim heretofore or hereafter presented relating to such cause of action.

(Ord. 1365 § 1; Ord. 2065 § 1, 2001)