Chapter 10 — GENERAL PROVISIONS

This code shall be known as the “Grover Beach Municipal Code,” as compiled, edited, and published, a copy of which is on file in the office of the City Clerk for public inspection.

(Prior Code, § 1100) (Ord. 22-03, passed 4-11-2022)

This code is and shall be known as the “Grover Beach Municipal Code,” and it shall be sufficient to refer to such code as the “Grover Beach Municipal Code,” “GBMC,” and/or “city municipal code” in any prosecution for the violation of any provision thereof or in any proceeding at 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 city municipal code. References may be made to the titles, chapters, subchapters, sections, and divisions of the city municipal code, and such references shall apply to those titles, chapters, subchapters, sections, or divisions as they appear in the code. (Prior Code, § 1101) (Ord. 22-03, passed 4-11-2022)

(A) At least three copies of this code, duly certified by the City Clerk, shall be maintained on file in the office of the City Clerk as official copies of this code.

(B) Duly certified copies of each ordinance making a change in this code shall be filed in the office of the City Clerk in books for such purpose, duly indexed for ready reference.

(Prior Code, § 1102) (Ord. 22-03, passed 4-11-2022)

The provisions of this code and all proceedings under it are to be construed to affect its objects and to promote justice. All the provisions of this code and all other city ordinances shall be interpreted to refer to the appropriate or designated officer or office of the city, and whether an ordinance, uniform code, statute, or other matter which is adopted by reference refers to any department, officer, employee, inspection, police, or other function, unless the context requires otherwise, all references shall be to the appropriate or designated office, officer, department, agency, employee, or function of the city, or to the person or agency performing the function for the city. (Prior Code, § 1103) (Ord. 22-03, passed 4-11-2022)

(A) Neither the adoption of this code nor the repeal or amendment by this code of any ordinance or part or portion of any ordinance previously in effect in the city or within the territory currently comprising the city, shall in any manner affect the prosecution for the violation of any ordinance, which violation was committed prior to the effective date of this code, nor be construed as a waiver of any license, fee, or penalty on such effective date due and unpaid under such ordinances, nor be construed as affecting any of the provisions of such ordinances relating to the collection of any such license, fee, or penalty or the penal provisions applicable to any violation of such ordinances, nor to affect the validity of any bond or cash deposit required to be posted, filed, or deposited pursuant to any ordinance, and all vested rights and obligations pertaining to such ordinances shall continue in full force and effect.

(B) The repeal of an ordinance shall not repeal the repealing clause of such ordinance or revive any ordinance which has been repealed thereby.

(Prior Code, § 1104) (Ord. 22-03, passed 4-11-2022)

(A) If any section, division, 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.

(B) The City Council hereby declares that it would have adopted this code and each section, division, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, divisions, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.

(Prior Code, § 1105) (Ord. 22-03, passed 4-11-2022)

This code shall refer only to the omission or commission of acts within the territorial limits of the city and 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 proprietary control of property. (Prior Code, § 1106) (Ord. 22-03, passed 4-11-2022)

All references in this code to places, acts, persons, or things and all else in relation to this code shall be construed to mean that the same are applicable to the city, whether the city is mentioned in each particular section or not. (Prior Code, § 1107) (Ord. 22-03, passed 4-11-2022)

SECTION means a section of this code dividing a chapter or subchapter, unless some other source is specifically set forth. DIVISION means a division dividing a section, unless some other source is expressly set forth. (Prior Code, § 1108) (Ord. 22-03, passed 4-11-2022)

References in city forms, documents, and regulations to the chapters and sections of any former city codes shall be construed to apply to the corresponding provisions within this code. (Prior Code, § 1109) (Ord. 22-03, passed 4-11-2022)

(A) For the purpose of this code, the following definitions shall apply unless the context clearly indicates, or requires, a different meaning.

CALENDAR YEAR. From January 1 through December 31 of any given year.

CITY. The City of Grover Beach, State of California.

CITY ATTORNEY. The official of the city appointed by the Council who occupies the position of the attorney

representing the city on all legal matters consistent with the Cal. Government Code §§ 36505 and 41801.

CITY MANAGER. The appointed official of the city who occupies the position as chief administrative officer of the city.

COUNCIL. The City Council of the City of Grover Beach, State of California.

COUNCIL MEMBER. A person duly elected to the Council.

COUNTY. The County of San Luis Obispo, California, or the area within the limits of San Luis Obispo County, and such territory outside of San Luis Obispo County over which the county has jurisdiction or control by virtue of any constitutional or statutory provisions.

FISCAL YEAR. From July 1 of any given year through June 30 of the following year.

• GENDER. The masculine gender shall include the feminine and neuter genders.

• GOODS. Includes wares and merchandise.

• MAY. Permissive.

MONTH. A calendar month, unless otherwise expressed.

NUMBER. The singular number shall include the plural, and the plural number shall include the singular. OATH. Includes affirmation.

OFFICIAL TIME STANDARD. Wherever certain hours are named in this code, they mean standard time or daylight-saving time as may be in current use in the city.

OPERATE. Includes carrying on, keeping, conducting, or maintaining.

OWNER. When applied to a building or land, includes any part owner, joint owner, tenant, tenant in common, or joint tenant of the whole or a part of such building or land.

PERSON. Includes any natural person, firm, company, corporation, club, trust, or similar organization,

partnership, association, public corporation, political subdivision, city (except the City of Grover Beach), the County of San Luis Obispo, any district in the County of San Luis Obispo, the State of California, or the United States of America, or any department or agency or any employee, manager, officer, agent, lessee, or servant of any thereof, unless this code expressly provides otherwise.

PERSONAL PROPERTY. Includes money, goods, chattels, things in action, and evidence of debt.

POLICE, POLICE CHIEF, or CHIEF OF POLICE. The agency which performs the appropriate law

enforcement function for the city, and the head of the agency or division thereof which at the time involved has responsibility for performing the police function for, or within, the city.

• PROPERTY. Includes real and personal property.

• REAL PROPERTY. Includes land, tenements, and hereditaments.

SALE. Includes any sale, exchange, barter, or offer for sale.

• SHALL AND MUST. Mandatory.

STATE. The State of California.

STREET. Includes all streets, highways, avenues, boulevards, alleys, courts, places, squares, sidewalks, and curbs

or other public ways in the 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 the state.

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

TENSE. The present tense shall include the past and future tense, and the future tense shall include the present tense.

(B) Words and phrases not defined in this code are construed according to the approved usage of the language, or, when appropriate, by reference to definitions contained in state or federal law.

(Prior Code, § 1110) (Ord. 22-03, passed 4-11-2022)

(A) The City Manager, or any of his or her designated enforcement officers, as set forth in this code, have the authority and powers necessary to gain compliance with the provisions of the municipal code and applicable state codes.

(B) These powers include the power to inspect public and private property and use whatever judicial and administrative remedies are available under the municipal code or applicable state codes. (Prior Code, § 1111) (Ord. 22-03, passed 4-11-2022)

(A) If a manifest error is discovered, consisting of the misspelling of any words; the omission of any word or words necessary to express the intention of the provisions affected; the use of a word or words to which no meaning can be attached; or the use of a word or words when another word or words was clearly intended to express such intent, such spelling shall be corrected and such word or words supplied, omitted, or substituted as will conform with the manifest intention, and the provisions shall have the same effect as though the correct words were contained in the text as originally published.

(B) No alteration shall be made or permitted if any question exists regarding the nature or extent of such error.

CONSTRUCTION OF CODE

(A) Unless the provisions or the context otherwise require, these general provisions, rules of construction, and definitions shall govern the construction of this code.

(B) 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.

(Prior Code, § 1300) (Ord. 1, passed 12-28-1959)

Chapter 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 or section hereof. (Prior Code, § 1301) (Ord. 1, passed 12-28-1959)

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 the ownership or control of property. (Prior Code, § 1302) (Ord. 1, passed 12-28-1959)

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.

(Prior Code, § 1303) (Ord. 1, passed 12-28-1959)

Whenever a power is granted to or 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, or by an officer of the county, or by a deputy or employee of such officer when by contract with the city such officer is obligated and has agreed to perform certain duties on behalf of the city, unless this code expressly provides otherwise.

(Prior Code, § 1304) (Ord. 1, passed 12-28-1959)

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.

(Prior Code, § 1305) (Ord. 1, passed 12-28-1959)

Whenever a reference is made to any portion of this code, or to any ordinances of this city, the reference applies to all amendments and additions now or hereafter made.

(Prior Code, § 1306) (Ord. 1, passed 12-28-1959)

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 in the U.S. 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.

(Prior Code, § 1307) (Ord. 1, passed 12-28-1959)

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.

(Prior Code, § 1308) (Ord. 1, passed 12-28-1959)

(A) (1) No person shall violate any provision or fail to comply with any of the requirements of this code. Any person violating any of the provisions or failing to comply with any of the requirements of this code shall be guilty of

a misdemeanor unless otherwise designated as follows:

• (a) Such code provision makes violation thereof an infraction; or

(b) The city, at its discretion, may issue an administrative citation and civil penalty in lieu of charging any violation of the code as a misdemeanor or an infraction.

(2) The enforcement of those civil penalties shall be governed by the civil administrative citation procedures set forth in chapter 37. A misdemeanor may also at the discretion of the City Attorney be prosecuted as an infraction. (Prior Code, § 1112)

(B) (1) Any person violating any provision of this code or applicable state codes may be issued a civil citation by an enforcement officer as provided in §§ 37.015 and 37.016, and 37.030 through 37.040. A violation of this code includes, but is not limited to, all violations of the municipal code and the uniform codes adopted by the City Council or failing to comply with any condition imposed on any license, permit, or entitlement issued or approved under the provisions of this code.

(2) An enforcement officer may issue a citation for a violation not committed in his or her presence if it is determined through investigation that the responsible person cited did commit the violation. (Prior Code, § 1401) (Ord. 22-03, passed 4-11-2022)

CHAPTER 11: CITY STANDARDS

USE OF OFFICIAL CITY SYMBOLS, LETTERHEAD

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates, or requires, a different meaning.

CITY LETTERHEAD. Any correspondence which is identical to, or resembles or approximates being, the official letterhead of the city.

CITY’S OFFICIAL LOGO AND TAGLINE. The city adopted a logo and tagline which depicts a blue outline of a butterfly with light blue, tan, and orange semi-horizontal stripes with the words “Grover Beach, a Great Place to Spread Your Wings” affixed next to and underneath the design.

OFFICIAL CITY SEAL. The front of the official seal of the city shall be circular, containing in the center a scene depicting the ocean, beach, and sand dunes along with three seagulls and white clouds. The words, “City of Grover Beach, California, the Coastal Community Incorporated 1959” will surround the scene with a brown scalloped edge surrounding the outside. An OFFICIAL CITY SEAL shall at all times be kept in the office of the City Clerk, who shall be the custodian of that seal.

OFFICIAL CITY SYMBOLS. These include the official city seal, city logo, tagline, and city letterhead. (Prior Code, § 2600) (Ord. 10-05, passed 10-4-2010)

(A) The official city seal is hereby adopted. The seal, when used for official or ceremonial purposes or as a means of identification, shall be displayed in its entirety, without any additions or deletions thereto, and shall not be obscured from view in any manner.

(B) The official city seal is as follows:

(Prior Code, § 2601) (Ord. 10-05, passed 10-4-2010)

No person shall use or allow to be used the official seal of the city or any other official city symbols, or any cut, facsimile thereof, or make or use any design which is an imitation of said seal or symbols or of the design thereof, or which may be mistaken for the seal of the city or other symbols or the design thereof, for malicious or commercial purposes, or for any purposes other than for city purposes, or for the purposes of any officer, board, or department thereof, without the expressed written authorization from the City Manager.

(Prior Code, § 2602) (Ord. 10-05, passed 10-4-2010) Penalty, see § 11.99

No person, group, corporation, non-profit organization, association, or political committee shall cause to be prepared, distributed, or published, or permit the preparation, distribution or publication of any letter, advertisement, bumper sticker, flyer, pamphlet, handbill, or other written document containing or incorporating any of the city’s official symbols, including the official city seal, the city letterhead, and the city logo or tagline or other similar symbols, without the expressed written authorization from the City Manager.

(Prior Code, § 2603) (Ord. 10-05, passed 10-4-2010) Penalty, see § 11.99

Any person who uses or allows to be used any of the official city symbols or reproduction or facsimile thereof in any campaign literature or mass mailing, as defined in the Cal. Government Code § 82041.5 (or any subsequent amendments or new statutes) with the intent to deceive the voters and in a manner that creates a misleading, erroneous, or false impression that the document is authorized by the city or one of its officials, is guilty of a misdemeanor. The violation of this section constitutes a separate offense from concurrent violation of any applicable state law.

(Prior Code, § 2605) (Ord. 10-05, passed 10-4-2010)

The Mayor and individual Council members may use the city letterhead or the city logo in correspondence on all matters concerning official city business, including the author’s independent opinion on any official matter. However, in such communication, unless authorized by the majority of the City Council, it must be made clear that any opinion expressed by the author is an individual opinion and not the official opinion of the Council as a whole or the city. (Prior Code, § 2606) (Ord. 10-05, passed 10-4-2010)

No city official or employee shall use city letterhead or other official city symbol for their own private purpose or on behalf of private individuals or organizations, or any other purpose expressly prohibited by law. (Prior Code, § 2607) (Ord. 10-05, passed 10-4-2010 Penalty, see § 11.99

(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.

(B) It shall be unlawful and a misdemeanor for any person to violate any provision of §§ 11.01 through 11.07 or to otherwise make or use the seal of the city, city letterhead, city logo or tagline, or a reproduction or facsimile thereof, for any purpose other than authorized by this code or by a formal action of the City Manager reduced to a written authorization.

(Prior Code, § 2604) (Ord. 10-05, passed 10-4-2010)