Chapter 1 — GENERAL PROVISIONS

The ordinances of the City of Fontana as revised, amended, codified, and compiled in book form are hereby adopted as and shall constitute as the "Fontana Municipal Code," or may also be referred to herein as the "Code of the City of Fontana" and may be so cited.

(Code 1968, § 1-1; Ord. No. 1918, § 2, 7-11-23)

For the purposes of this Code, unless otherwise apparent from the context, certain words and phrases used in this Code are defined as follows:

City. The words "the city" or "this city" shall be construed as if followed by the words "of Fontana."

Code. The words "the Code" or "this Code" shall mean the Fontana Municipal Code.

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 "council" or "city council" are used, they shall be construed to mean the city council of the City of Fontana.

County. The words "the county" or "this county" shall mean the County of San Bernardino, California.

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

Daytime; nighttime. The word "daytime" means the period of time between sunrise and sunset. The word "nighttime" means the period of time between sunset and sunrise.

Gender. The masculine gender includes the feminine and neuter genders.

In the city. The words "in the city" shall mean and include all territory over which the city now has or shall hereafter acquire the 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. The word "oath" includes 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 Fontana, unless the context clearly indicates otherwise.

Official time. Whenever certain hours are named, they shall mean Pacific Standard Time or Daylight-Saving Time, as may be in current use in the city and state.

Or; and. "Or" may be read "and," and "and" may be read "or," if the sense requires it.

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

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

Process. The word "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.

Shall; may. The word "shall" is mandatory, and the word "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 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 mean the State of California.

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

Week. The word "week" means seven consecutive days.

Writing. The word "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 expressly provided otherwise.

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

(Code 1968, § 1-2; Ord. No. 1918, § 2, 7-11-23)

The provisions appearing in this Code, so far as they are the same 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.

(Code 1968, § 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 any offense committed under the ordinance repealed.

(Code 1968, § 1-4)

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

(Code 1968, § 1-5)

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.

(Code 1968, § 1-6)

It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements or provisions of this Code heretofore or hereafter enacted, or the provisions of any code adopted by reference by this Code. Every act prohibited or declared unlawful, and every failure to perform an act made mandatory, shall be a misdemeanor or an infraction, at the discretion of the city attorney or the district attorney. Any person continuing or committing a violation of any provision of this Code declaring any act or omission to be unlawful is guilty of a separate offense for each and every day which any violation is committed.

(a)

Misdemeanor penalty. Every violation of a provision of this Code which is specifically designated as a misdemeanor shall be punishable by a fine of not more than $1,000.00 or imprisonment for a term not exceeding six months, or by both such fine and imprisonment.

(b)

Infraction penalty. Every violation of this Code prosecuted as an infraction shall be punishable by a fine not exceeding $500.00.

(c)

Civil penalty. Every violation of a provision of this Code, which is specifically designated to carry a civil penalty, in addition to a criminal penalty, shall be punishable by a civil fine not exceeding $1,000.00, unless otherwise specifically provided and authorized by state law. Nothing set forth herein shall limit the ability of the city to seek and obtain other remedies permitted by law.

As used in this section, the term "year" means any consecutive 12-month period. As used in this section, the term "offense" includes any violation of the Code, which is cited or charged, and which does not result in:

(1)

An acquittal.

(2)

A finding of "not guilty."

(3)

A dismissal of charges by the city or the court.

(Code 1968, § 1-7; Ord. No. 1002, § 1, 1-22-91; Ord. No. 1097, § 1, 11-11-93; Ord. No. 1149, § 1, 3-6-95; Ord. No. 1918, § 2, 7-11-23)

State Law reference— Authority of city to impose fines not exceeding $1,000.00 and imprisonment for terms not exceeding six months or both for misdemeanor violations of ordinances, Government Code § 36901; provisions declaring violations of ordinances to be a misdemeanor unless declared an infraction, Government Code § 36900; authority of city to impose graduated fines of $100.00, $200.00 and $500.00 with each successive violation designated as an infraction, Government Code § 36900.

If any person is arrested for a violation of any provision of this Code or 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 when and where such person shall appear in court.

(Code 1968, § 1-8)

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

(Code 1968, § 1-9)

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 Penal Code § 853.6(e)(3), the magistrate shall issue and have delivered for execution a warrant for his arrest within 20 days after his failure to appear as promised, or, if such person promises to appear before an officer authorized to accept bail other than a magistrate and fails to do so on or before the date upon which he promised to appear, then, within 20 days after the delivery of such written promise to appear by the officer to a magistrate having jurisdiction over the offense, the magistrate shall issue and have delivered for execution a warrant for his arrest.

(Code 1968, § 1-10)

The repeal provided for in the ordinance adopting this Code shall not affect any of the following:

(1)

Any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of this Code.

(2)

Any ordinance promising or guaranteeing the payment of money for the city, or authorizing the issuance of any bonds of the city or any evidence of the city's indebtedness.

(3)

Any contract or obligation assumed by the city.

(4)

Any right or franchise granted by the city.

(5)

Any ordinance dedicating, naming, establishing, locating, relocating, opening, paving, widening, vacating, etc., any street or public way in the city.

(6)

Any ordinance relating to specific improvements or assessments therefor.

(7)

Any ordinance establishing or prescribing grades for streets.

(8)

Any appropriation ordinance or ordinance providing for the levy of taxes of for an annual budget.

(9)

Any ordinance establishing the compensation of city officers or employees, not inconsistent with this Code.

(10)

Any ordinance dedicating or accepting any plot or subdivision in the city.

(11)

Administrative ordinances not in conflict or inconsistent with the provisions of this Code.

(12)

Any ordinance relating to the boundaries of the city.

(13)

The traffic ordinances or resolutions of the city, not inconsistent with this Code.

(14)

Any prosecution, suit or proceeding pending or any judgment rendered on or before the effective date of this Code.

(15)

Any ordinance zoning or rezoning property or granting specific use permits or amending the zoning map.

(16)

Any ordinance establishing specific plans for development.

The repeal provided for in the adopting ordinance shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance which is repealed by the ordinance adopting this Code.

(Code 1968, § 1-11)

The city hereby adopts Code of Civil Procedure § 1094.6, which defines the time period in which judicial review may be requested for certain final administrative decisions and orders under Code of Civil Procedure § 1094.5. Pursuant to Code of Civil Procedure § 1094.6(f), the city clerk shall provide notice to any party to a final decision indicating that the time within which judicial review must be sought is governed by Code of Civil Procedure § 1094.6.

(Ord. No. 1049, § 1, 3-17-92)

Recovery authorized. Any violation of this Municipal Code is hereby determined to constitute a public nuisance. The prevailing party in any judicial action and/or administrative proceeding to abate a nuisance and/or to enforce any provision of this Municipal Code may elect to recover the incurred attorneys' fees. In no judicial action or administrative proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the city in the judicial action or administrative proceeding.

(Ord. No. 1591, § 2, 2-10-09)

It shall be unlawful for any person to obstruct, impede, threaten, follow, intimidate, or interfere in any way with any city official including a code compliance officer or inspector, police officer, firefighter, or other officers or employees of this city engaged in the performance of their respective duties, job description, and/or enforcement authority as provided in the Fontana Municipal Code. Such person shall be guilty of a misdemeanor and, upon conviction thereof, unless provision is otherwise herein made by any other applicable state law, shall be subject to a fine of not more than $1,000.00 or by imprisonment in the county jail for a period of not more than six months, or by both fine and imprisonment.

(Ord. No. 1925, § 2, 10-24-23)