THE CODE OF THE TOWN OF LOS GATOS, CALIFORNIA

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GENERAL ORDINANCES OF THE TOWN

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Published in 1992 by Order of the Town

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Adopted January 21, 1992

Effective February 20, 1992

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[Figure]

CURRENT OFFICIALS

of the

TOWN OF LOS GATOS, CALIFORNIA

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Rob Rennie

Mayor

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Maria Ristow

Vice Mayor

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Mary Badame

Matthew Hudes

Marico Sayoc

Council Members

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Laurel Prevetti

Town Manager

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Gabrielle Whelan

Town Attorney

PREFACE

This Code constitutes a complete recodification of the ordinances of the Town of Los Gatos, California, of a general and permanent nature.

Source materials used in the preparation of the Code were the 1968 Code, as supplemented through Ordinance No. 1739, enacted November 16, 1987, and ordinances subsequently adopted by the Town Council. 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 volume, the reader can locate any section of the 1968 Code, as supplemented, 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. Footnotes which tie related sections of the Code together and which refer to relevant State laws 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 volume.

Numbering System

Each section number consists of three component parts separated by periods, the figure before the first period referring to the chapter number and the figure after the first period referring to the article, with the number after the second period referring to position of the section within the article. To allow for expansion, initially each article is designated as a multiple of ten (e.g., ".10," ".20," ".30," etc.) and each section a multiple of five, starting with ".010." Thus, the first section of Chapter 1 is numbered 1.10.010, and the second section of article II of Chapter 2 is numbered 2.20.015. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters.

Index

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

Looseleaf Supplements

A special feature of this Code to which the attention of the user is especially directed is the looseleaf system of binding and supplemental servicing for the Code. With this system, the Code will be kept up-to-date periodically. Upon the final passage of amendatory ordinances, they will be properly edited and the appropriate page or pages affected will be reprinted. These new pages will be distributed to holders of copies of the Code, with instructions for the manner of inserting the new pages and deleting the obsolete pages.

Successfully keeping this Code up-to-date at all times will depend largely upon the holder of the volume. As revised sheets 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

The publication of this Code was under the direct supervision of James S. Vaught, Supervising 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 all Town officials, and, in particular, Ms. Mary Jo Levinger, Town Attorney 1983—1990, for their cooperation and assistance during the progress of the work on this Code. It is hoped that their efforts and those of the publisher have resulted in a Code of Ordinances which will make the active law of the Town readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the Town's affairs.

MUNICIPAL CODE CORPORATION

Tallahassee, Florida

ADOPTING ORDINANCE ORDINANCE 1885

Adopting a Codification of Certain Ordinances of the Town of Los Gatos Entitled "Municipal Code of the Town of Los Gatos" Repealing Certain Ordinances, Adopting General Provisions Applying to the Code and Providing Penalties for Violation.

SECTION 1 ADOPTION OF CODE

There is adopted that certain codification of certain ordinances of the Town of Los Gatos entitled "Municipal Code of the Town of Los Gatos" published by order of the Town Council by the Municipal Code Corporation. Three copies of the Town Code are on file in the office of the Town Clerk and are open for public inspection. The Municipal Code of the Town of Los Gatos and the secondary codes adopted by reference in the Municipal Code of the Town of Los Gatos are adopted by reference under the provisions of sections 50022.1 through 50022.10 of the Government Code of the State of California.

SECTION II EFFECT OF ADOPTION

The adoption of the Municipal Code of the Town of Los Gatos and the repeal of ordinances by the Municipal Code of the Town of Los Gatos does not affect the following matters:

(1) actions and proceedings which began before the effective date of this ordinance;

(2) prosecution for ordinance violations committed before the effective date of this ordinance;

(3) licenses and penalties due and unpaid at the effective date of this ordinance and the collection of these licenses and penalties;

(4) bonds and cash deposits required to be posted, filed or deposited pursuant to any ordinance;

(5) matters of record which refer to or are connected with an ordinance the substance of which is included in the Municipal Code of the Town of Los Gatos. These references shall be construed to apply to the corresponding provisions of the Municipal Code of the Town of Los Gatos.

SECTION III CONTINUATION OF EXISTING LAW

Where they are substantially the same as existing law, the Municipal Code of the Town of Los Gatos shall be considered a continuation of existing law and not a new enactment.

SECTION IV REPEAL OF EXISTING ORDINANCES

Every ordinance which is not excluded from the Municipal Code of the Town of Los Gatos by Section V of this ordinance or which is not specifically continued in force by the Municipal Code of the Town of Los Gatos is repealed, except all ordinances adopted after November 5, 1990 which shall remain in full force and effect and be codified in supplements to this Municipal Code. This section does not revive an ordinance which was repealed before the adoption of the Municipal Code of the Town of Los Gatos.

SECTION V EXCLUSIONS FROM CODE

Every ordinance governing the following subject matter is excluded from the Municipal Code of the Town of Los Gatos and is not affected by the repeal provisions of it:

(1) alteration of city boundaries;

(2) contracts to which the Town of Los Gatos is a party;

(3) elections to which the Town of Los Gatos is a party;

(4) fixing the rate and making a levy of Town of Los Gatos' taxes;

(5) granting, altering or withdrawing a franchise;

(6) land use classifications of specific property;

(7) naming roads and streets.

SECTION VI GENERAL PENALTY

(a) Whenever in this Municipal Code or in any other ordinance of the Town of Los Gatos 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) Every day any violation of this Municipal Code or any other ordinance of the Town of Los Gatos or any such rule, regulation or order shall constitute a separate offense.

SECTION VII MAINTENANCE AND DISTRIBUTION OF THE CODE

Not less than one copy of the Municipal Code of the Town of Los Gatos, certified by the Town Clerk shall be kept on file in the Office of the Town Clerk for examination and use by the public. Amendments to this Municipal Code of the Town of Los Gatos shall be noted, by ordinance number, on the appropriate pages of the Municipal Code of the Town of Los Gatos, and complete files of amendatory ordinances, indexed for ready reference, shall be maintained in the Office of the Town Clerk for use and examination by the public.

Distribution or sale of additional copies of the Municipal Code of the Town of Los Gatos shall be made as directed by the Town Council.

This Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage, and before the expiration of fifteen (15) days after its passage it shall be published once with the names of the members of the Town Council voting for and against the same in a newspaper of general circulation published and circulated in the Town of Los Gatos.

This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the 16th day of December, 1991 and adopted by the following vote as an Ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the Town of Low Gatos on the 6th day of January, 1992.

COUNCIL MEMBERS:

AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Brent N. Ventura, Mayor Eric D. Carlson

NAYS: None

ABSENT: None

ABSTAIN: None

ATTEST:

\Clerk of the Town of Los Gatos, Los Gatos, California