THE CODE OF THE CITY OF LA PALMA, CALIFORNIA

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Published in 2013 by Order of the City Council

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[Figure]

OFFICIALS

of the

CITY OF

LA PALMA, CALIFORNIA

AT THE TIME OF THIS RECODIFICATION

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Steve Hwangbo

Mayor

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Steve Shanahan

Mayor Pro Tem

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G. Henry Charoen

Gerard Goedhart

Peter Kim

City Council

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Ellen Volmert

City Manager

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Joel Kuperberg

City Attorney

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Laurie A. Murray, CMC

Administrative Services Manager/City Clerk of the

CITY OF

LA PALMA, CALIFORNIA

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Mark I. Waldman

Mayor

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Nitesh Patel

Mayor Pro Tem

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Debbie S. Baker

Janet Keo Conklin

Vikesh Patel

City Council

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Laurie A. Murray

City Manager

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Joel Kuperberg

City Attorney

PREFACE

This Code constitutes a recodification of the general and permanent ordinances of the City of La Palma, California.

Source materials used in the preparation of the Code were the 1975 Code, as updated by ordinances subsequently adopted by the City Council through July 2, 2013. The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the comparative tables appearing in the back of this Code, the reader can locate any section of the 1975 Code, as updated, and any subsequent ordinance included herein.

The chapters of the Code have been conveniently arranged in alphabetical order, and the various sections within each chapter have been catchlined to facilitate usage. Notes which tie related sections of the Code together and which refer to relevant state law have been included. A table listing the state law citations and setting forth their location within the Code is included at the back of this Code.

Chapter and Section Numbering System

The chapter and section numbering system used in this Code is the same system used in many state and local government codes. Each section number consists of two parts separated by a dash. The figure before the dash refers to the chapter number, and the figure after the dash refers to the position of the section within the chapter. Thus, the second section of chapter 1 is numbered 1-2, and the first section of chapter 6 is 6-1. Under this system, each section is identified with its chapter, and at the same time new sections can be inserted in their proper place by using the decimal system for amendments. For example, if new material consisting of one section that would logically come between sections 6-1 and 6-2 is desired to be added, such new section would be numbered 6-1.5. New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject. The next successive number shall be assigned to the new article or division. New chapters may be included by using one of the reserved chapter numbers. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters.

Page Numbering System

The page numbering system used in this Code is a prefix system. The letters to the left of the colon are an abbreviation which represents a certain portion of the volume. The number to the right of the colon represents the number of the page in that portion. In the case of a chapter of the Code, the number to the left of the colon indicates the number of the chapter. In the case of an appendix to the Code, the letter immediately to the left of the colon indicates the letter of the appendix. The following are typical parts of codes of ordinances, which may or may not appear in this Code at this time, and their corresponding prefixes:

Index

The index has been prepared with the greatest of care. Each particular item has been placed under several headings, some of which are couched in lay phraseology, others in legal terminology, and still others in language generally used by local government officials and employees. There are numerous cross references within the index itself which stand as guideposts to direct the user to the particular item in which the user is interested.

Looseleaf Supplements

A special feature of this publication is the looseleaf system of binding and supplemental servicing of the publication. With this system, the publication will be kept up to date. Subsequent amendatory legislation will be properly edited, and the affected page or pages will be reprinted. These new pages will be distributed to holders of copies of the publication, with instructions for the manner of inserting the new pages and deleting the obsolete pages.

Keeping this publication up to date at all times will depend largely upon the holder of the publication. As revised pages are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publisher that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes.

Acknowledgments

This publication was under the direct supervision of Jim Jenkins, Senior Code Attorney, and Jimmy L. Charlton Jr., Editor, of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project.

The publisher is most grateful to Ms. Laurie A. Murray, CMC, Administrative Services Manager/City Clerk, for her cooperation and assistance during the progress of the work on this publication. It is hoped that her efforts and those of the publisher have resulted in a Code of Ordinances which will make the active law of the city readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the city's affairs.

Copyright

All editorial enhancements of this Code are copyrighted by Municipal Code Corporation and the City of La Palma, California. Editorial enhancements include, but are not limited to: organization; table of contents; section catchlines; prechapter section analyses; editor's notes; cross references; state law references; numbering system; code comparative table; state law reference table; and index. Such material may not be used or reproduced for commercial purposes without the express written consent of Municipal Code Corporation and the City of La Palma, California.

© Copyrighted material. Municipal Code Corporation and the City of La Palma, California. 2013.

ORDINANCE NO. 2013-06

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA PALMA AMENDING AND RECODIFYING, AND ADOPTING BY REFERENCE, THE LA PALMA CITY CODE (2013 EDITION) AS THE CODE OF ORDINANCES FOR THE CITY OF LA PALMA

WHEREAS, Government Code Sections 50022.1 through 50022.8 and 50022.10 provide for the codification, compilation, recodification, recompilation and publication of permanent and general ordinances of cities; and

WHEREAS, the ordinances of the City of La Palma ("City") were originally codified as the "La Palma City Code" on June 7, 1976 through the adoption of Ordinance No. 76-1 (the "1976 Code"); and

WHEREAS, although the 1976 Code has been supplemented over the years with the passage of new ordinances, it has not been recompiled or recodified in its entirety since the original codification in 1976; and

WHEREAS, the City now desires to revise, recodify, recompile and update the ordinances comprising the 1976 Code to modernize the La Palma City Code, render it consistent with current law and City practices, eliminate obsolete references and provide it in a more user-friendly format to aid City staff, residents and other individuals and entities that wish to use the La Palma City Code; and

WHEREAS, the La Palma City Code has undergone a comprehensive review by City staff, the City Attorney and the Municipal Code Corporation, resulting in the restructuring and revision of various provisions throughout the Code's chapters; and

WHEREAS, on November 19, 2013, the City Council conducted its first reading of, and introduced, this Ordinance, and directed the City Clerk to notice a public hearing on the Ordinance for December 3, 2013; and

WHEREAS, a copy of the amended, updated and recompiled La Palma City Code (2013 Edition) has been on file in the office of the City Clerk at least 15 days preceding the date of the public hearing concerning this Ordinance, and remains there on file for public inspection; and

WHEREAS, pursuant to Government Code section 50022.3, the City Council conducted a duly noticed public hearing on December 3, 2013, and has considered the evidence and testimony submitted at that public hearing.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA PALMA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1: RECODIFICATION AND ADOPTION. Pursuant to the provisions of Government Code Sections 50022.1 through 50022.8, and 50022.10, there is hereby recodified and adopted the "La Palma City Code" (2013 Edition) as revised, reformatted, indexed, codified, compiled, edited, updated and republished by Municipal Code Corporation, including Chapters 1 to 44, together with those secondary codes adopted by reference as authorized by the California State Legislature, save and except those portions of the secondary codes as are deleted, modified or amended by the provisions of the La Palma City Code.

SECTION 2: CONTINUATION OF EXISTING LAW. The recodification and adoption of the La Palma City Code is intended by the City Council to be a continuation of existing ordinances and nothing is intended to modify or enact any new taxes. To the extent the provisions of the 2013 Edition of the La Palma City Code are substantively the same as existing law, the provisions of the La Palma City Code (2013 edition) shall be considered a continuation of existing law and not new enactments.

SECTION 3: REPEAL. Except as otherwise provided in this Ordinance or in the 2013 Edition of the La Palma City Code, all provisions of the 1976 Code are hereby repealed on the effective date of this Ordinance.

SECTION 4: EFFECT OF RECODIFICATION AND REPEAL. The recodification and adoption of the La Palma City Code (2013 Edition) and the repeal of the 1976 Code as specified in this Ordinance shall not affect the following matters:

a) Actions and proceedings that began before the effective date of this Ordinance.

b) Civil, criminal and administrative proceedings concerning ordinance violations committed before the effective date of this Ordinance.

c) The amount of or collection of license, fee, penalty debt, forfeiture or obligation due and unpaid as of the effective date of this Ordinance.

d) Bonds and cash deposits required to be posted, filed or deposited pursuant to any ordinance, resolution or regulation.

e) Matters of record that refer to or are connected with a provision of the 1976 Code as amended. Such references shall be construed to apply to the corresponding provisions of the La Palma City Code (2013 Edition).

SECTION 5: PENALTIES. The penalties provided for by the La Palma City Code (2013 Edition) are set forth in Article XI, Division 2 and in accordance with California Government Code Section 50022.4 are hereby set forth in this Ordinance:

DIVISION 2. GENERAL PENALTY

Sec. 2-350. Misdemeanor penalty.

Except in cases where a different punishment is specifically prescribed elsewhere in this Code, every misdemeanor offense shall be punishable by imprisonment for a period not exceeding six months, or by fine not exceeding $1,000.00, or by both fine and imprisonment at the discretion of the court. (Code 1975, § 3-5; Ord. No. 2004-02, § 3)

Sec. 2-351. Infraction penalty.

(a) Except in cases where a different punishment is specifically prescribed elsewhere in this Code, every violation determined to be an infraction is punishable by:

(1) A fine not exceeding $100.00 for a first violation;

(2) A fine not exceeding $200.00 for a second violation of the same provision within one year;

(3) A fine not exceeding $500.00 for each additional violation of the same provision within one year.

(b) Notwithstanding subsection (a) of this section, a violation of the local building and safety code determined to be an infraction is punishable by:

(1) A fine not exceeding $100.00 for a first violation;

(2) A fine not exceeding $500.00 for a second violation of the same provision within one year;

(3) A fine not exceeding $1,000.00 for each additional violation of the same provision within one year.

(Code 1975, § 3-6; Ord. No. 2004-02, § 3)

Sec. 2-352. Continuing violation.

Each day any violation or failure to perform an act shall continue shall constitute a separate offense, unless otherwise specifically provided. (Code 1975, § 3-7; Ord. No. 2004-02, § 3)

SECTION 6: CODE SECTIONS. La Palma City Code sections cited on signage within the City shall, until updated if and as required, be deemed to be citations to the counterpart sections in the La Palma City Code (2013 Edition) for purposes of notice and enforcement.

SECTION 7: CEQA. The City Council finds and determines that adoption of this Ordinance does not have any potential for causing a significant effect on the environment, and, therefore, does not constitute a "project" as that term is defined by the California Environmental Quality Act (CEQA), Public Resources Code Section 21000, et seq., and, thus, in accordance with Section 15061(b)(3) of Title 14 of the California Code of Regulations, no environmental review is merited.

SECTION 8: ADDITIONAL FINDINGS. The City Council finds and determines that the amendments to and recodification of the La Palma City Code proposed by this Ordinance are:

a) Consistent with all of the applicable objectives, policies, general land uses, programs, and actions of all applicable elements in the general plan;

b) Not detrimental to the public convenience, health, safety, or general welfare of the City; and

c) Internally consistent.

SECTION 9: SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid by a final judgment of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each, section subdivision, sentence, clause, phrase, or portion of this Ordinance irrespective of the fact that one or more sections, subdivisions, sentences, clauses, phrases, or portions of this Ordinance be declared invalid.

SECTION 10: PROCEDURAL COMPLIANCE.

All required proceedings and considerations precedent to the adoption of this Ordinance have been regularly taken in accordance with applicable law.

SECTION 11: PUBLICATION.

The City Clerk is authorized and directed to publish this Ordinance or a summary thereof in the manner provided by law and in accordance with procedures normally taken. The City Clerk shall keep not less than one certified copy of the La Palma City Code (2013 Edition) on file in the City Clerk's office for review and use by the public.

APPROVED AND ADOPTED by the City Council of the City of La Palma at a regular meeting held on the 3rd day of December 2013.

ATTEST: