Kings County Municipal Code § 1-8 Violations—General penalty; continuing violations; adjudging fines and…

The ordinances embraced in the following chapters and sections shall constitute and be designated the "Code of Ordinances, Kings County, California," and may be so cited. It may also be referred to as the County Code.

State Law reference— For authority of counties to adopt codes by reference, procedure for adoption and amending, see §§ 25126—25129, 50022.1—50022.8, Gov. C.

The provisions of this Code and all proceedings under it are to be construed to effect its objects and to promote justice.

In the construction of this Code, and of all ordinances, the following rules shall obtain, unless the context clearly indicates otherwise:

State. The words "the state" or "this state" shall mean the State of California.

County. The words "the county" or "this county" shall mean the County of Kings in the State of California.

Amendments. Whenever a reference is made to any portion of this Code, or to any ordinance of this county, the reference applies to all amendments and additions thereto.

Board, board of supervisors. These terms refer to the Board of Supervisors of Kings County, unless a different intention appears.

County officials, boards, commissions, etc. Whenever reference is made to officials, boards, commissions or other such bodies by title only, i.e., "county clerk", etc., they shall refer to the officials, boards, commissions, etc., of the county. 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 a person otherwise duly authorized pursuant to law or ordinance, unless this Code expressly provides otherwise.

Code. Wherever reference is made herein to "the Code" or "this Code," e.g., in section 1-8 providing a penalty for violation of the Code, it shall include any secondary Code adopted by reference the same as though such secondary Code had been set forth in full in this Code of Ordinances.

Computation of time. Whenever a notice is required to be given or an act to be done, a certain length of time before any proceedings shall be had, the day on which such notice is given, or such act is done, shall be counted in computing the time, but the day on which such proceeding is to be had shall not be counted.

Gender. A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships and corporations as well as to males.

Goods includes wares and merchandise.

Interpretation. In the interpretation and application of any provision of this Code, it shall be held to be the minimum requirement adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any specific provision of the Code imposes greater restrictions upon the subject matter than the general provisions imposed by this Code or any secondary Code adopted by reference, the provision imposing the greater restriction or regulation shall be deemed to be controlling.

Number. A word importing the singular number only may extend and be applied to several persons and things as well as to one person and thing.

Numbering system. The number to the left of the hyphen shall refer to the chapter number, and the number to the right of the hyphen shall refer to the section within the chapter.

Oath. The word "oath" shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed."

Operate includes carry on, keep, conduct or maintain.

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

Owner. The word "owner," applied to a building or land, shall include part owner, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety, copartnerships of the whole or of a part of such building or land, or a person having an interest in community property as a member, or former member, of the community.

Person. The word "person" shall extend and be applied to associations, clubs, societies, firms, partnerships, copartnerships and bodies politic and corporate as well as to individuals, including the officers of such associations, corporations, etc.

Personal property includes every species of property except real property.

Sale includes any exchange or barter.

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

Street includes all highways, avenues, lanes, alleys, courts, places, squares, sidewalks, parkways, curbs, or other public ways over which this county has jurisdiction, which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this state.

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.

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 the 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 re-enacted.

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 or cause of action arising under the ordinance repealed.

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, invalid, illegal or unenforceable for any reason, by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality, invalidity, illegality or unenforceability shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code.

All ordinances passed subsequent to passage of this Code which amend, repeal or in any way affect this Code, may be numbered in accordance with the numbering system of this Code and printed for inclusion therein. When subsequent ordinances repeal any chapter, section or subsection or any portion thereof, such repealed portions may be excluded from said Code by omission from reprinted pages.

Amendments to any of the provisions of this Code may be made by amending such provisions by specific reference to the section number of this Code in the following language: "That section _______ of the Code of Ordinances, County of Kings, is hereby amended to read as follows: …" The new provisions shall then be set out in full as desired.

In the event a new section not heretofore existing in the Code, is to be added, the following language shall be used: "That the Code of Ordinances, County of Kings, is hereby amended by adding a section, to be numbered _______, which said section reads as follows:.…" The new section shall then be set out in full as desired.

All sections, articles, chapters or provisions desired to be repealed must be specifically repealed by section, article or chapter number, as the case may be.

It shall be unlawful for any person, firm or corporation in the county to change or amend by additions or deletions, any portion of this Code, or to insert or delete pages, or portions thereof, or to alter or tamper with such Code in any manner whatsoever which will cause the law of the county to be misrepresented thereby.

Unless otherwise specifically provided, it shall be unlawful and a misdemeanor for any person to violate or fail to comply with any provision of this Code, and where no specific penalty is provided therefor in this Code, the violation of any provision of this Code shall be punishable by a fine not exceeding $1,000.00 or by imprisonment in the county jail for a term not exceeding six months or by both such fine and imprisonment. Each day any violation of any provision of this Code shall continue shall constitute a separate offense.

(Ord. No. 377, § 1, 6-7-77; Ord. No. 470, § 1, 8-2-88)

State Law reference— For authority to make and enforce local, police, sanitary and other regulations not in conflict with general laws, see § 11, art. 11, Const.; for maximum punishment for commission of a misdemeanor, see Pen. C., § 19.

When specifically provided that it shall be an infraction for any person to violate or fail to comply with any provision of this Code, the violation of such provision of this Code shall be punishable upon a first conviction by a fine not exceeding $100.00, and upon a second conviction of the same provision within a period of one year by a fine not exceeding $200.00, and upon a third or any subsequent conviction of the same provision within a period of one year by a fine not exceeding $500.00. For the purposes of this section, a bail forfeiture shall be deemed to be a conviction of the offense charged. Each day any violation of any provision of this Code that is declared to be an infraction shall continue shall constitute a separate offense.

(Ord. No. 377, § 2, 6-7-77; Ord. No. 470, § 2, 8-2-88)

In accordance with Section 4017 of the Penal Code of the State of California and Section 25359 of the Government Code of the State of California, all persons confined in the county jail or in the branch jail under a final judgment of imprisonment rendered in a criminal action or proceeding or imprisoned for violation of an ordinance and all persons confined in the county jail or in the branch jail as a condition of probation after suspension of imposition of sentence or suspension of execution of sentence shall be required, by an order of the board of supervisors, to perform labor on the public works or ways of the county, as defined in said statutes. The board of supervisors by resolution may delegate the discretion to order such required labor to the county sheriff.

(Ord. No. 539, § 1, 4-4-95)

State Law reference— For authority, see Pen. C., § 4017.

(a) In accordance with Section 5 of Article XIV of the California Constitution, the sheriff-coroner is hereby authorized to negotiate contracts with either private or public entities in Kings County for the purpose of conducting inmate labor programs, whereby county jail inmates, with appropriate supervision, may perform unskilled labor.

(b) Contracts with private or public entities for work by inmate labor crews shall be executed only after approval by the board of supervisors, unless the board of supervisors expressly authorizes the sheriff to execute such contracts on behalf of the county.

(c) Said contracts shall provide for the recovery of no more than the full cost to the county for providing inmate work crews. The sheriff shall determine said cost by reference to the most current county cost study.

(d) No inmate work crew shall perform any work that is required by law to be procured through competitive bidding or other competitive process; any work in the same job classification as employees who are on strike as defined in Section 1132.6 of the California Labor Code as it read on January 1, 1990 or who are subject to lockout as defined in Section 1132.8 of the California Labor Code as it read on January 1, 1990; or any work that provides an inmate with access to the personal information of private individuals as defined in Section 4017.1 of the Penal Code.

(e) Only inmates who are incarcerated full time in the county jail as a result of a final judgment of imprisonment rendered in a criminal action or proceeding or as a condition of probation after suspension of imposition of a sentence or suspension of execution of sentence may be assigned to work crews.

(f) The sheriff, and/or his or her designee, shall retain sole discretion to determine which inmates shall be assigned to work crews, and nothing herein shall create an entitlement of any inmate to work on a work crew.

(g) Inmates assigned to work crews shall not be employees of the county, shall not receive payment or any other form of consideration for their work on work crews, and shall not be entitled to any rights, privileges or benefits of county employees unless otherwise required by law.

(h) The purpose of this section is to promote inmates' contributions to public service and inmates' habits of work and responsibility.

(Ord. No. 539.1, § 1, 8-28-12)

The violation of any administrative provision of this Code by any officer or employee of the county may be deemed a failure to perform the duties under, or to observe the rules and regulations of the department, office or board, within the meaning of the merit system or civil service ordinances and rules and regulations of the county.

Whenever in this Code any act or omission is made unlawful, the permitting, suffering, or concealing such act or omission shall each constitute a separate offense.

In addition to the penalties provided 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 after notice may be summarily abated as such, and each day such condition continues shall be regarded as a new and separate offense.

State Law reference— For authority, see Pen. C., § 373a.

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 thereof in the United States mail, in a sealed envelope, postage prepaid, addressed to such person to be notified, at his last known business or residence address as the same appears in the public records of the county 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.

Proof of giving any notice may be made by the certificate of any officer or employee of the county, 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.

The violation of the terms and conditions of approval of any permit, license or other entitlement issued under this Code shall be a misdemeanor or infraction as set forth in section 1-8 or 1-8.1 above and shall be punishable as such.

(Ord. No. 595, § 2, 3-7-01)

The violation of any regulation adopted pursuant to the provisions of this Code shall be a misdemeanor or infraction as set forth in section 1-8 or 1-8.1 above and shall be punishable as such.

(Ord. No. 595, § 3, 3-7-01)

(a) There is hereby created and established, pursuant to the provisions of Section 880 et seq. of the Welfare and Institutions Code of the State of California, a juvenile camp for the County of Kings. Said camp shall be known as the Kings County Probation, Juvenile Center Camp, and may be so designated in court orders and other official documents. Said camp shall be situated at the site presently known as the Kings County Juvenile Center unless changed by resolution of the Kings County Board of Supervisors ("board"). The internal affairs of said camp shall be under the management and control of the Kings County Chief Probation Officer ("chief"). Said camp shall be under the charge and supervision of a deputy chief probation officer as named, selected, and appointed by the chief, subject to confirmation by the board. All other personnel at such camp shall be selected and appointed by the chief, subject to the confirmation by the board.

(b) In accordance with Section 883 of the Welfare and Institutions Code of the State of California, all court wards committed to the Kings County Probation, Juvenile Center Camp, may be required to perform work of the type specified in said statute under the direction and control of the chief.

(c) The Kings County Probation, Juvenile Center Camp, has available a total of 20 beds, designated as juvenile camp beds pursuant to Section 881 of the Welfare and Institutions Code of the State of California, and are subject to the management and control of the chief. The number of beds are designated for males only.

(Ord. No. 661, § 1, 6-4-13)