Dos Palos Municipal Code Title I General Provisions

1.01.010

Chapter 1.01 addition to, amendment to, correction or repeal
of the Dos Palos Municipal Code. Further refer-
CODE ADOPTION* ence may be had to the titles, chapters, sections
and subsections of the Dos Palos Municipal
Code and such references shall apply to thatSections:
numbered title, chapter, section or subsection as 1.01.010 Adoption.
it appears in the code. (Ord. 188 § 2, 1975) 1.01.020 Title-Citation reference.

This code consists of all the regulatory and adoption of the code. penal ordinances and certain of the admin- 1.01.050 Reference applies to all istrative ordinances of the city of Dos Palos, Cal- amendments. ifornia, codified pursuant to the provisions of 1.01.060 Title, chapter and section Sections 50022.8 and 50022.10 of the Govern- headings. ment Code. (Ord. 188 § 3, 1975) 1.01.070 Reference to specific ordinances.

I.01.040 Ordinances passed prior to adoption and obligations. of the code. 1.01.090 Effective date. The last ordinance included in this code was 1.01.100 Constitutionality. Ordinance 186, passed October 15, 1974. The •For statutory provisions regarding the authority of cities and following ordinances, passed subsequent to counties to adopt a code ofordinanccs. see Gov. Code§§ 50022.1 Ordinance 186, but prior to adoption of this

• 50022.8 and 50022.J0. code, are hereby adopted and made a part of this code: Ordinance No. 187. (Ord. 188 § 4, 1975)

Pursuant to the provisions of Sections 50022.1 1.0 I.050 Reference applies to all

• 50022.8 and 50022.10 of the Government ame°'dments. Code, there is adopted the "Dos Palos Municipal Whenever a reference is made to this code as Code" as published by Book Publishing Com- the "Dos Palos Municipal Code" or to any por- pany, Seattle, Washington, together with those tion thereof, or to any ordinance of the city of secondary codes adopted by reference as autho- Dos Palos, California, the reference shall apply to rized by the California State Legislature, save all amendments, corrections and additions here- and except those portions of the secondary codes tofore, now or hereafter made. (Ord. 188 § 5, as are deleted or modified by the provisions of the 1975) Dos Palos Municipal Code. (Ord. 188 § I, 1975)

This code shall be known as the "Dos Palos herein shall not be deemed to govern, limit. mod- Municipal Code" and it shall be sufficient to ify or in any manner affect the scope, meaning or refer to said code as the "Dos Palos Municipal intent of the provisions of any title, chapter or Code" in any prosecution for the violation of any section hereof. (Ord. 188 § 6, 1975) provision thereof or in any proceeding at law or equity. It shall be sufficient to designate any ordi- 1.01.070 Reference to specific ordinances. nance adding to, amending, correcting or repeal- The provisions of this code shall not in any ing all or any part or portion thereof as an manner affect matters ofrecord which refer to, or

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1.01.070

are otherwise connected with ordinances which ordinances and ail rights and obligations there- are therein specifically designated by number or under appertaining shall continue in full force otherwise and which are included within the and effect. (Ord. 188 § 8, 1975) code, but such reference shall be construed to apply to the corresponding provisions contained 1.01.090 Effective date. This code shall become effective on the date within this code. (Ord. 188 § 7, 1975) the ordinance adopting -this code as the ''Dos Palos Municipal Code" shall become effective. 1.01 .080 Effect of code on past actions and (Ord. 188 § 9, 1975) obligations. Neither the adoption of this code nor the 1.01.100 Constitutionality. repeal or amendment hereby of any ordinance or If any section, subsection, sentence, clause or part or portion of any ordinance of the city shall phrase of this code is for any reason held to be in any manner affect the prosecution for vio- invalid or unconstitutional, such decision shall lations of ordinances, which violations were not affect the validity of the remaining portions committed prior to the effective date hereof, nor of this code. The council hereby declares that it be construed as a waiver of any license, fee, or would have passed this code, and eacli section, penalty- at said effeetive -date due and unpaid subsectiQ11, senten_s:_f:, dause and phrase thereof, under such ordinances, nor be construed as irrespective of the fac:1: that any one or more affecting any of the provisions of such ordinances sections, subsections, sentences, clauses or relating to the collection of any such license, fee, phrases had been declared invalid or unconstitu- or penalty, or the penal provisions applicable to tional, and if for any reason this code should be any violation thereof, nor to affect the validity of declared invalid or unconstitutional, then the any bond or cash deposit in lieu thereof required original ordinance or ordinances shall be in full to be posted, filed or deposited pursuant to any force and effect. (Ord. 188 § 10, 1975)

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1.04.010

Chapter 1.04 G. "Month" means a calendar month.
H. "Must" and "shall." Each is mandatory.
GENERAL PROVISIONS I. "Oath" shall be construed to include an
affirmation or declaration in all cases in which,

Sections: by law, an affirmation may be substituted for an l.04.010 Definitions. oath, and in such cases the words "swear" and

l.04.030 Prohibited acts include causing, "affirm" and "affirmed." permitting, etc. J. "Ordinance" means a law of the city, pro- 1.04.040 Construction. vided that a temporary or special law, admin-

ordinances. form of a resolution. K. "Owner," applied to a building or land,

The following words and phrases whenever common, joint tenant or tenant by the entirety, used in the ordinances of the city, shall be con- of the whole or a part of such building or land. strued as defined in this section unless from the L. "Person" means natural person, joint ven- context a different meaning is intended or unless ture, joint stock company, partnership, associa-different meaning is specifically defined and tion, club, company, corporation, business,more particularly directed to the use of such trust, organization, or the manager, lessee, agent,words or phrases: servant, officer or employee of any of them. A. "City/town" means the city of Dos Palos, M. "Personal property" includes money,California, or the area within the territorial limits goods, chattels, things in action and evidences ofof the city of Dos Palos, California, and such debt.territory outside of the city over which the city N. "Preceding" and "following" mean nexthas jurisdiction or control by virtue of any con- before and next after, respectively.stitutional or statutory provision. 0. "Property" includes real and personal B. "Computation of time" means the time property.within which an act is to be done. It shall be P. "Real property" includes lands, tenementscomputed by excluding the first day and includ- and hereditaments.ing the last day; and if the last day be Sunday or a Q. "Sidewalk" means that portion of a streetlegal holiday, that day shall be excluded. between the curb line and the adjacent property C. "Council" means the city council of the line intended for the use of pedestrians.city of Dos Palos, California." All its members" or "all councilmen" mean the total number of R. "State" means the state of California. councilmen provided by the general laws of the S. "Street" includes all streets, highways. ave- state of California. nues, lanes, alleys, courts, places, squares, curbs. D. "County" means the county of Merced, or other public ways in this city which have been California. or may hereafter be dedicated and open to public E. "Law" denotes applicable federal law, the use, or such other public property so designated constitution and statutes of the state of Califor- in any law of this state. nia, the ordinances of the city of Dos Palos, and T. "Tenant" and "occupant," applied to a when appropriate, any and all rules and regula- building or land, includes any person who tions which may be promulgated thereunder. occupies whole or a part of such building or land, E "May" is permissive. whether alone or with others.

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1.04.010

U. Title of Office. Use of the title ofany officer, B. Singular and Plural. The singular number employee, board or commission means that includes the plural and the plural includes the officer, employee, department, board or com- singular. C. Tenses. Words used in the present tense mission of the city. include the past and the future tenses and vice V. "Written" includes printed, typewritten, versa, unless manifestly inapplicable. mimeographed or multigraphed. D. Use of Words and Phrases. Words and W. "Year" means a c_alendar year. phrases not specifically defined shall be con- X. All words and phrases shall be construed strued according to the context and approved and understood according to the common and usage of the language._ (Ord. 174 § 2, 1974) approved usage of the language; but technical

permitting, etc.acquired a peculiar and appropriate meaning in Whenever in the ordinances of the .city, anythe law shall be construed and understood act or omission is made unlawful, it shall include according· to such peculiar and appropriate causing, allowing, permitting, aiding, abetting, meaning. suffering, or concealing the fact of such act or . y When an act is requireci by an ordinance 01I1ission. (Ord. 174 § 3, 1974) the same being such that it may be done as well

The provisions of the ordinances of the cityshall be construed as to include all such acts and all proceedings under them are to be con-performed by an authorized agent. (Ord. 174 § I, strued with a view to effect their objects and to1974) promote justice. (Ord. 174 § 4, 1974)

The following grammatical rules shall apply in The repeal of an ordinance shall not repeal the the ordinances of the city: repealing clause of such ordinance or revive any A. Gender. The masculine gender includes ordinance which has been repealed thereby. the feminine and neuter genders. (Ord. 174 § 5, 1974)

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1.08.010

Chapter 1.08 any duty imposed upon him by ordinance; pro-
vided, that except in emergency situations or

RIGHT OF ENTRY FOR INSPECTION* when consent of the owner and/or occupant to the inspection has been otherwise obtained, he Sections: shall give the owner and/or occupant, if they can

hours' written notice of the authorized official's*For statutory provisions regarding inspection warrants, see Civil Procedure Code§§ 1822.50- 1822.57. intention to inspect. The notice transmitted to the owner and/or occupant shall state that the

Whenever necessary to make an inspection to that in the event such entry is refused, inspection enforce any ordinance or resolution, or when- may be made only upon issuance of a search ever there is reasonable cause to believe there warrant by a duly authorized magistrate. In theexists an ordinance or resolution violation in any event the owner and/or occupant refuses entrybuilding or upon any premises within the juris• after such request has been made, the official isdiction of the city, any authorized official of the city may, upon presentation of proper creden- empowered to seek assistance from any court of tials, enter such building or premises at all rea- competent jurisdiction in obtaining such entry. sonable times to inspect the same or to perform (Ord. 175 § I. 1974)

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1.12.010

Chapter 1.12 be guilty of a misdemeanor. Any person con-
victed of a misdemeanor under the ordinances of
GENERAL PENALTY* the city shall be punished by a fine· of not more
than five hundred dollars, or by imprisonment
not to exceed six months, or by both such fineSections:
and imprisonment. (Ord. 176 § 1 (part), 1974) 1.12.010 Designated.

*For statutory authority for cities to impose penalties for violation Each person convicted of a misdemeanor shall of ordinances not exceeding $500.00 in fines or six months' imprisonment. see Gov. Code§ 36901. be guilty of a separate offense for each and every day during any portion of which any violation of

Any person violating any of the provisions or committed, continued or permitted by any such failing to comply with any of the mandatory person, and he shall be punished accordingly. requirements of the ordinances of the city, shall (Ord. 176 § 1 (part), 1974)

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