Marin County Municipal Code Ch. 1.04 Adoption of Code

The ordinances of the County of Marin, heretofore compiled, consolidated and arranged as a comprehensive ordinance code, three copies of which are on file in the office of the county clerk of Marin County, are, pursuant to Government Code Section 25127, hereby codified, and said ordinance code is hereby adopted by reference as the Marin County Code.

(Ord. 1416 § 1, 1965)

This code shall be known as the "Marin County Code."

(Ord. 1416 § 2 (part), 1965)

In any prosecution for the violation of any provision of this Code, it shall be sufficient to refer to the code as the "Marin County Code."

(Ord. 1416 § 2 (part), 1965)

Any ordinance adding to, amending or repealing this Code shall be designated as an addition or amendment to, or repeal of, the Marin County Code, and shall be adopted in the manner and form provided by Section 25129 of the Government Code.

(Ord. 1416 § 2 (part), 1965)

The provisions of this Code, insofar as they are substantially the same as existing ordinance provisions relating to the same subject matter, shall be construed as restatements and continuations thereof and not as new enactments.

(Ord. 1416 § 2 (part), 1965)

Prosecution for violation of ordinances committed prior to the effective date of this Code shall not be affected by the adoption of the code.

(Ord. 1416 § 2 (part), 1965)

The adoption of this Code shall not be construed as a waiver of any license or penalty due and unpaid under any ordinance at the effective date of the code; nor shall such adoption be construed as affecting any provision of such ordinance relating to the collection of any such license or penalty or the penal provisions applicable to the violation thereof.

(Ord. 1416 § 2 (part), 1965)

The adoption of this Code shall not affect the validity of any bond or cash deposit required to be posted, filed or deposited pursuant to such ordinance; and all rights and obligations thereunder shall continue in full force and effect.

(Ord. 1416 § 2 (part), 1965)

This code shall not affect deposits or other matters of record which refer to, or are otherwise connected with, ordinances which are therein specially designated by number or otherwise and which are included in the code; but such references shall be construed to apply to the corresponding provisions of the code.

(Ord. 1416 § 2 (part), 1965)

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

(Ord. 1416 § 2 (part), 1965)

Title, chapter, and section headings contained herein shall not govern, limit, modify or affect the scope, meaning or intent of the provisions of this Code.

(Ord. 1416 § 2 (part), 1965)

This code shall refer only to the omission or commission of acts within the unincorporated limits of the county of Marin and such other territory over which the county has jurisdiction or control by virtue of the constitution, or any law, or by reason of ownership or control of property.

(Ord. 1416 § 2 (part), 1965)

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 this county, whether the county is mentioned in each particular section or not.

(Ord. 1416 § 2 (part), 1965)

The use of the title of any officer, employee, office, department, board, commission or ordinance shall mean such officer, employee, office, department, board, commission or ordinance of the county of Marin, unless otherwise designated.

(Ord. 1416 § 2 (part), 1965)

As used in this Code, unless a different meaning is apparent from the context or is specified elsewhere in the code:

BOARD OF SUPERVISORS. "Board of supervisors" means the board of supervisors of Marin County.

COUNTY. "County" means the county of Marin, California.

OATH. "Oath" includes affirmation.

PERSON. "Person" means and includes natural person, corporation, company, firm, association, organization, copartnership, joint venture, trust, business trust, syndicate, estate receiver, society, club, fraternal organization, any group or combination acting as a unit, and any officer, agent, employee and servant of any of the foregoing.

PROPERTY OWNER(S). "Property owner(s)," where used in this or subsequent chapters of this Code in the context of a requirement for notice, means the person whose name and address appears on the last equalized assessment roll, and need not include additional owners who are listed on the supplements to the assessment roll.

(Ord. 2027 § 1, 1973: Ord. 1416 § 2 (part), 1965)

(a) SHALL, MAY. "Shall" and "must" are mandatory and "may" is permissive.

(b) WRITTEN. Written includes every form of legible recording.

(c) UNDEFINED WORDS. Words and phrases not defined in this Code are construed according to the context and approved usage of the language.

(d) NUMBER. The singular number includes the plural, and the plural includes the singular.

(e) GENDER. Words used in the masculine gender include the feminine and neuter.

(f) TENSE. Words used in the present tense include the future.

(Ord. 1416 § 2 (part), 1965)

Any person who violates or wilfully fails to comply with any provision of this Code is guilty of a misdemeanor, unless otherwise specifically provided.

(Ord. 1909 § 1, 1972; Ord. 1416 § 2 (part), 1965)

Each person, firm or corporation is guilty of a separate offense for each day or portion thereof during which any violation of any provision of this Code is committed, continued or permitted by such person, firm or corporation, and is punishable therefor as herein provided.

(Ord. 1416 § 2 (part), 1965)

In addition to the penalties herein provided, any condition caused or permitted to exist in violation of any of the provisions of this Code is a public nuisance and may be abated as such, in accordance with applicable law.

(Ord. 1416 § 2 (part), 1965)

Whenever a notice is required to be given under this Code (unless different provisions are otherwise specifically made herein) such notice may be given either by personal delivery thereof to the person to be notified or by deposit 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 or other records pertaining to the matters 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.

(Ord. 1416 § 2 (part), 1965)

Proof of giving any notice may be made by the certificate of any officer or employee of this county or by affidavit of any person over the age of eighteen years, which shows service in conformity with this Code or other provisions of law applicable to the subject matter concerned.

(Ord. 1416 § 2 (part), 1965)

If any person is arrested for a violation of this Code or any ordinance of the county and such person is not immediately taken before a magistrate as prescribed in the State Penal Code, the arresting officer shall prepare in triplicate a written notice to appear in court containing the name and address of such person, the offense charged and the place and time where and when such person shall appear in court. The time specified in the notice to appear must be at least five days after such arrest. The place specified in such notice shall be either:

(a) Before a judge of a justice court or of a municipal court within this county who has jurisdiction of the offense charged and who is nearest and most accessible with reference to the place where the arrest is made;

(b) Upon demand of the arrested person, before a judge of the municipal court at the county seat of this county, or before a judge in the judicial district within which the offense is alleged to have been committed.

(Ord. 1416 § 2 (part), 1965)

The officer shall deliver one copy of the notice to appear to the arrested person. The arrested person in order to secure release must give his written promise to so appear in court by signing the duplicate notice which shall be retained by the officer. An arrested person who has a disability that makes providing a written promise to appear difficult or impossible shall be allowed to assert his or her promise to appear through any reasonably achievable alternative means, including orally, which promise shall be witnessed and memorialized in writing by the arresting officer. Thereupon the arresting officer shall forthwith release the person arrested from custody.;hn0;(Ord. 1416 § 2 (part), 1965)

(Ord. No. 3523, § I, 2009)

The officer shall, as soon as practicable, file the duplicate notice with the magistrate aforesaid. Thereupon, the magistrate shall fix the amount of bail which, in his judgment, in accordance with the penal code, will be reasonable and sufficient for the appearance of the defendant, and shall endorse upon the notice a statement signed by him in the form set forth in the penal code. The defendant may, prior to the date upon which he promised to appear in court, deposit with the magistrate the amount of bail thus set. Thereafter, at the time when the case is called for arraignment before the magistrate, if the defendant shall not appear, either in person or by counsel, the magistrate may declare the bail forfeited, and may, in his discretion, order that no further proceedings shall be had in the case. Upon the making of such an order all sums deposited as bail shall be paid into the county treasury.

(Ord. 1416 § 2 (part), 1965)

No warrant shall issue on the charge for the arrest of a person who has given a written promise to appear, unless and until he has violated the promise or has failed to deposit bail, to appear for arraignment, trial or judgment, or to comply with the terms and provisions of the judgment, as required by law.

(Ord. 1416 § 2 (part), 1965)

Whenever written notice to appear has been prepared, delivered and filed with the court as herein provided, the notice shall, notwithstanding the provisions of the penal code, constitute a complaint to which the defendant may plead "guilty". If, however, the defendant shall violate his promise to appear, or shall not deposit bail, or shall plead other than "guilty" to the offense charged, a complaint shall be filed which shall conform to the provisions of the penal code, and which shall be deemed to be an original complaint, and thereafter proceedings shall be had as provided by law, provided, that a defendant may, in person or by counsel in open court, waive the filing of a verified complaint and elect that the prosecution proceed upon the written notice to appear.

(Ord. 1416 § 2 (part), 1965)

Any person wilfully violating his written promise to appear in court as herein provided, is guilty of a misdemeanor, regardless of the disposition of the charge upon which he was originally arrested.

(Ord. 1416 § 2 (part), 1965)

Any person violating any of the provisions of this Code, except those declared to be infractions, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding five hundred dollars or by imprisonment not exceeding six months, or by both such fine and imprisonment.

(Ord. 1909 § 2, 1972; Ord. 1416 § 2 (part), 1965)

If any provision of this Code, or the application thereof to any person or circumstance is held invalid, the remainder of this Code, or the application thereof to other persons and circumstances shall not be affected thereby; and, to this end, the provisions of this Code are declared to be severable.

(Ord. 1416 § 2 (part), 1965)