§ 1.10

The ordinances embraced in the following chapters and sections shall constitute and be designated "The Code of the Town of Los Gatos, California," and may be so cited. Such Code may also be cited as "The Los Gatos Town Code."

(Code 1968, § 1-1)

In the construction of this Code and of all ordinances of the Town, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the Town Council or the context clearly requires otherwise:

Code. The words "the Code" or "this Code" shall mean "The Code of the Town of Los Gatos, California."

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.

State Law reference— Similar provisions, Gov. Code § 6800.

Council, Town Council. Whenever the words "Council" or "Town Council" are used in this Code, they shall be construed to mean the Town Council of the Town of Los Gatos.

County. The words "the County" or "this County" shall mean the County of Santa Clara.

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

State Law reference— Similar provisions, Gov. Code § 6806.

Daytime, nighttime. "Daytime" is the period of time between sunrise and sunset. "Nighttime" is the period of time between sunset and sunrise.

State Law reference— Similar provisions, Gov. Code § 6807.

Delegation of authority. Whenever a provision appears that requires or allows an officer of the Town to do some act or make certain inspections, it is to be construed to authorize the officer to designate, delegate and authorize subordinates to perform the act or make the inspection unless the terms of the provision or section provide otherwise.

Gender. The masculine gender includes the feminine and neuter.

State Law reference— Similar provisions, Gov. Code § 12.

Health Officer. The words "Health Officer" shall mean the County Health Officer, acting as the Town Health Officer.

In the Town. The words "in the Town" shall mean and include all territory over which the Town now has, or shall hereafter acquire, jurisdiction for the exercise of its police powers or other regulatory powers.

Joint authority. All words giving a joint authority to three (3) or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.

State Law reference— Similar provisions, Civil Code § 12.

Month. The word "month" shall mean a calendar month.

State Law reference— Similar provisions, Gov. Code § 6804.

Number. The singular number includes the plural, and the plural the singular.

State Law reference— Similar provisions, Gov. Code § 13.

Oath. The word "oath" includes an affirmation.

State Law reference— Similar provisions, Gov. Code § 15.

Officers, departments, etc. Officers, departments, boards, commissions and employees referred to in this Code shall mean officers, departments, boards, commissions and employees of the Town of Los Gatos, unless the context clearly indicates otherwise.

Official time. Whenever certain hours are named in this Code, they shall mean Pacific Standard Time or Daylight Saving Time, as may be in current use in the Town.

Owner. The word "owner," applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or of a part of such building or land.

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

State Law reference— Similar provisions, Gov. Code § 17; Code of Civil Procedure § 17.

Personal property. The words "personal property" include every species of property, except real property, as defined in this section.

State Law reference— Definitions of "personal property," Civil Code §§ 14(3), 663.

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.

State Law reference— Similar provisions, Gov. Code § 22.

Property. The word "property" shall include real and personal property.

State Law reference— Definitions of "property," Civil Code § 14(1); Code of Civil Procedure § 17(1).

Real property. The words "real property" shall include lands, tenements and hereditaments.

State Law reference— Definitions of "real property," Civil Code §§ 14(2), 658.

Shall, may. The word "shall" is mandatory, and the word "may" is permissive. However, the use of "shall" in connection with a direction to any public officer or employee is not intended to nor shall it be construed to impose upon the officer or employee a mandatory duty as defined in the California Tort Claims Act to give rise to liability to a third party, but is intended instead as direction and policy from the Town Council.

State Law reference— Similar provisions, Gov. Code § 14.

Signature or subscription by mark. The words "signature" or "subscription" include 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 the witness' 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 (2) witnesses so sign their own names thereto.

State Law reference— Similar provisions, Gov. Code § 16.

State. The words "the State" or "this State" shall be construed to mean the State of California.

Tenant or occupant. The words "tenant" or "occupant," applied to a building or land, shall include any person holding a written or an oral lease of, or who occupies the whole or a part of, such building or land, either alone or with others.

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

State Law reference— Similar provisions, Gov. Code § 11.

Town. The words "the Town" or "this Town" shall be construed as if followed by the words "of Los Gatos."

Week. A week consists of seven (7) consecutive days.

State Law reference— Similar provisions, Gov. Code § 6805.

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.

State Law reference— Similar provisions, Gov. Code § 8.

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

State Law reference— "Year" defined, Gov. Code § 6803.

(Code 1968, § 1-2; Ord. No. 2020, §§ I, II, 9-16-96)

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)

Unless otherwise provided in the repealing ordinance, 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, nor any debt to the Town incurred before the repeal took effect.

(Code 1968, § 1-4; Ord. No. 2020, § III, 9-16-96)

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 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, § 1-5)

It is hereby declared to be the intention of the Town 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 a court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code.

(Code 1968, § 1-6)

(a)

Whenever in this Code or in any other ordinance of the Town or in any rule, regulation or order issued or promulgated pursuant thereto any act is prohibited or is made or declared to be unlawful or an offense or the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific

penalty is provided therefor, the violation of any such provision shall constitute an infraction, and the penalties therefor shall be those specified by Government Code section 36900(b). Where a violation is specifically declared to be a misdemeanor, it shall be punished by a fine not exceeding one thousand dollars ($1,000.00) or the imprisonment for a term not exceeding six (6) months or by both such fine and imprisonment. Any violation, whether infraction or misdemeanor, may also be redressed by civil action. Violation of any section of this Code is also declared to be a public nuisance.

(b)

Notwithstanding subsection (a) above, it is unlawful and a misdemeanor for any person to willfully and knowingly violate any provision or to willfully and knowingly fail to comply with any of the requirements of the Code. A willful and knowing violation or failure to comply is one that occurs after the person has been informed that certain conduct is in violation of this Code and continues the unlawful conduct.

(c)

The arresting officer or prosecutor may elect to charge an offense that constitutes a misdemeanor under subsection (b) above as an infraction if the officer or prosecutor identifies mitigating circumstances to justify such a reduced charge in writing. Such mitigating circumstances may include, but are not limited to, insignificant impact on the public or a victim, lack of comprehension by the violator, or prompt correction of or restitution to the victim for the violation. The reasons for a reduced charge shall be indicated on the citation or report and filed with the Town Attorney. The Court may also reduce the charge to an infraction upon a finding of mitigating circumstance or as a condition of probation and sentencing.

(d)

Every day any violation of this Code or any other ordinance of the Town or any such rule, regulation or order shall continue shall constitute a separate offense.

(Code 1968, § 1-7; Ord. No. 2020, § IV, 9-16-96)

Cross reference— Motor vehicles and traffic, Ch. 15; nuisances, Ch. 17; offenses and miscellaneous provisions, Ch. 18.

State Law reference— Authority to impose fines not exceeding one thousand dollars and imprisonment for terms not exceeding six months, or both, for violations of ordinances, Gov. Code § 36901; as to provision declaring violation of an ordinance to be a misdemeanor, Gov. Code § 36900.

Pursuant to Penal Code section 836.5 the Town Manager is hereby vested with the authority to arrest and to issue a citation to any person who violates any of the provisions of the Town Code or Town ordinance.

(Code 1968, § 1-7.1)

If any person is arrested for a violation of any provision of this Code, or any other ordinance of the Town, and such person is not immediately taken before a Magistrate as prescribed by the Penal Code of the

State, 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 where and when such person shall appear in court. The time specified in the notice to appear shall be at least ten (10) days after such arrest.

(Code 1968, § 1-8)

State Law reference— Procedure, Penal Code § 853.6.

The arresting officer shall deliver one (1) copy of a notice to appear given pursuant to section 1.10.050 to the arrested person, and the arrested person, in order to secure release, shall give a written promise so to appear in court by signing the duplicate notice, which shall be retained by the arresting officer. Thereupon the arresting officer shall release the person arrested from custody. The arresting officer shall, as soon as practicable, file the duplicate notice with the Magistrate specified therein. If the arrested person refuses to give such written promise to appear, the arresting officer shall take the arrested person without unnecessary delay before a Magistrate as prescribed by the Penal Code and Vehicle Code of the State.

(Code 1968, § 1-9; Ord. No. 1799, § I, 10-16-89)

No person shall wilfully violate the person's written promise to appear in court. Any person who wilfully violates the written promise to appear in court is guilty of a violation of this section, regardless of the disposition of the charge upon which the arrest was made.

(Code 1968, § 1-10)

When a person arrested for a violation of this Code or any ordinance of the Town 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 section 853.6(e)(3) of the Penal Code of the State, the Magistrate shall issue and have delivered for execution a warrant for the person's arrest within twenty (20) days after 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 which the person promised to appear, then, within twenty (20) days after the delivery of such written promise to appear by the officer to a Magistrate having jurisdiction over the offense.

(Code 1968, § 1-11)

State Law reference— Similar provisions, Penal Code § 853.8.

The County Jail is the place for the confinement of any person convicted for the violation of this Code or any other ordinance of the Town.

(Code 1968, § 1-12)

(a)

The following days shall be holidays for the Town:

(1)

January first.

(2)

The third Monday in January.

(3)

The third Monday in February.

(4)

The last Monday in May.

(5)

Juneteenth.

(6)

July fourth.

(7)

The first Monday in September.

(8)

November eleventh.

(9)

Thanksgiving Day.

(10)

The Friday following Thanksgiving Day.

(11)

December twenty-fifth.

(12)

Every day appointed by the President or Governor for a public fast, thanksgiving or holiday, which is also designated as a Town holiday by the Mayor through written directive.

(b)

If any of the holidays designated above fall upon a Saturday, the preceding Friday, instead of Saturday, shall be the holiday. If any of the holidays designated above fall upon a Sunday, the succeeding Monday, instead of Sunday, shall be the holiday.

(c)

If provisions of this section are in conflict with provisions of a memorandum of understanding, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, then the provisions shall not become effective unless approved by the Town Council in the annual budget.

(Code 1968, § 1-13; Ord. No. 2333, § I, 11-15-22; Ord. No. 2361, § I, 9-3-24)

The offices of the Town shall be closed on Saturdays, Sundays and on those holidays designated in section 1.10.075; provided, that police and other safety and emergency services shall be performed on Saturdays, Sundays and holidays, and the working schedule for employees in any department may be so arranged as to make Saturdays or Sundays a regular working day. Employee compensation for holidays shall be regulated under the Town personnel rules adopted pursuant to the provisions of article III, division 6 of chapter 2 of this Code or applicable memorandum of understanding.

(Code 1968, § 1-14; Ord. No. 2020, § V, 9-16-96)

The provisions of Code of Civil Procedure section 1094.6, limiting the time in which adjudicatory administrative decisions may be reviewed and specifying preliminary procedures, are adopted for review of all proceedings of the Town within the scope of section 1094.6.

(Code 1968, § 1-15)

Where an administrative transcript is requested by a petitioner for use in proceedings to review any action or decision of the Town, the estimated cost of the transcript shall be paid to the Town before the transcript is prepared. The Town Manager makes the estimate. If the actual cost is less than the estimate, an appropriate refund shall be made; if more, the difference shall be paid before the transcript is delivered to the petitioner or to the court.

(Code 1968, § 1-16)

(a)

The Town Council may set fees for the issuance of permits by the Town, the filing of applications with the Town, or the performance of administrative services by the Town. The fees are set by Council resolution.

(b)

For the purposes of this section, the phrase "administrative services" includes services such as making investigations, inspections, doing research, certification, and preparing copies, and the word "Town" includes all Town officials. This section does not apply to those situations where the amount of a fee is specified, or the charging of a fee is forbidden, by statute or ordinance.

(Code 1968, § 1-17)

(a)

Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this Code, or any use of land, building or premises conducted, operated or maintained contrary to the provisions of this Code, or contrary to a permit or variance, or the terms and conditions imposed therein, shall be, and the same is hereby declared to be, unlawful, and a public nuisance, and the duly constituted authorities of the Town shall, upon order of the Council, immediately commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate and remove such building or structure and restrain and enjoin any person from setting up, erecting, building, maintaining or using any such building or structure, or using any property contrary to the provisions of this Code.

(b)

This Code may also be enforced by an injunction issued out of the Superior Court upon suit by the Town or the owner or occupant of any real property affected by such violation or prospective violation of this Code. In any civil action filed by the Town to enforce any provision of this Code or to abate any public nuisance arising under or in violation of this Code, the court shall have jurisdiction to grant a temporary restraining order, preliminary and permanent injunctive relief. In an application by the Town for preliminary injunctive relief the Town need only show that it is likely to prevail on any of its claims. No showing of irreparable harm or inadequacy of the remedy at law, or weighing of the equities is required. The court may weigh the equities in determining whether to order preliminary injunctive relief if the party opposing the issuance of such relief can demonstrate that it will suffer grave or irreparable harm by the granting of such preliminary relief.

(c)

This Code may also be enforced by the initiation of an administrative proceeding pursuant to California Government Code section 38773.5. Any such proceeding shall be initiated by the Town Manager, or any employee designated to enforce the provisions of this Code, who shall take appropriate steps to notice a public hearing before the Town Council, which notice shall state the purpose of the hearing to determine whether a public nuisance exists at a location specified in the notice, shall set forth the time, date and location of the hearing and the address, telephone number, location and hours of operation of the office of

the Town Clerk, to whom questions concerning the hearing may be addressed and shall be sent by certified mail to the owner of the subject property, as determined from the County Assessor's or County Recorder's records. The hearing shall occur no less than ten (10) days after the date the notice is mailed. Should the Town Council determine, based on evidence presented at the hearing, that a public nuisance exists, it shall order the Town Manager to take all reasonable steps to abate the nuisance. Upon abatement of the nuisance, the Town Manager, or any employee designated to enforce the provisions of this Code, shall take appropriate steps to notice a second public hearing before the Town Council, which notice shall state the purpose of the hearing to impose the assessment of the costs of abatement on the property identified in the notice, shall set forth the time, date and location of the hearing and the address, telephone number, location and hours of operation of the office of the Town Clerk, to whom questions concerning the hearing may be addressed, shall specify that the subject property may be sold after three (3) years by the Tax Collector for unpaid delinquent assessments, and shall be sent by certified mail to the owner of the subject property, as determined from the County Assessor's or County Recorder's records. The hearing shall occur no less than ten (10) days after the mailing of the notice. At the conclusion of hearing, the Town Clerk shall take necessary steps to levy the assessment imposed by the Town Council. The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes.

(Code 1968, § 1-18; Ord. No. 1892, § I, 3-16-92; Ord. No. 2098, § 2, 6-17-02)

Cross reference— Buildings and building regulations, Ch. 6; building permits, § 6.20.155 et seq.; health and sanitation, Ch. 13; nuisances, Ch. 17.

Public notices shall be posted first at the Town Hall Bulletin Board, and when multiple posting places are required by law, at the Planning Bulletin Board and the Town Library.

(Ord. No. 1840, § I(1-19), 2-4-91; Ord. No. 2048, § II, 9-8-98)

The repeal provided for in section 2 of 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 such Code;

(2)

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

(3)

Any contract or obligation assumed by the Town;

(4)

Any right or franchise granted by the Town;

(5)

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

(6)

Any ordinance relating to specific public 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 or for an annual budget;

(9)

Any ordinance establishing the compensation of municipal officers or employees, not inconsistent herewith;

(10)

Any ordinance dedicating or accepting any plat or subdivision in the Town;

(11)

The administrative ordinances not in conflict or inconsistent with the provisions of such Code;

(12)

Any ordinance relating to the boundaries of the Town;

(13)

The traffic ordinances or resolutions of the Town, not inconsistent with such Code;

(14)

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

(15)

Any ordinance enacted after Ordinance No. 1838, adopted November 5, 1990.

The repeal provided for in such section 2 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.

Except as otherwise provided by law, an applicant who receives a permit, license, entitlement, or other approval pursuant to chapters 6, 12, 14 and 29 of this Code shall defend, indemnify, and hold harmless the Town and its officials and employees in any action brought by a third party to overturn, set aside, or void such permit, license, entitlement, or approval. This duty to defend, indemnify, and hold harmless the Town and its officials and employees is a condition of approval of all such permits, entitlements, licenses and approvals whether or not expressly set forth in such permit, license, entitlement, or approval.

(Ord. No. 2116, § I, 9-2-03)

Editor's note— Ord. No. 2170, § II, adopted Nov. 17, 2008, repealed § 1.10.120 in its entirety. Former § 1.10.120 pertained to references to town clerk in the Code and derived from Ord. No. 2133, § I, adopted June 21, 2004.