Chapter 1.01 — CODE ADOPTED

Section 1.01.001 Declaration of purpose 1.01.002 Establishment of municipal code 1.01.003 Contents of code 1.01.004 Outline of code 1.01.005 Maintenance of code 1.01.010 Interpretation of code and other ordinances 1.01.020 Effect of code on past actions and obligations 1.01.030 Partial invalidity 1.01.040 Territorial limitation 1.01.050 Local signification 1.01.100 Rules of construction 1.01.110 Effect of headings 1.01.120 Meaning of “section” and “division” 1.01.130 Acts by deputies 1.01.140 “Writing” 1.01.150 References to ordinances: application to amendments 1.01.160 Statute of limitations 1.01.170 Definitions 1.01.200 Violations; penalties 1.01.205 Authority to arrest and cite for misdemeanors 1.01.210 Aiding and abetting 1.01.220 (Reserved) 1.01.230 Imprisonment in county jail 1.01.240 Violations; public nuisances 1.01.250 Nuisances: recovery of abatement expenses 1.01.260 Violations of administrative provisions 1.01.300 Notices; service 1.01.310 Notices; proof 1.01.320 Administrative mandamus; statute of limitations

The City Council finds that it is desirable and in the public interest to establish a municipal code in order to provide a system of organization for the classification and grouping of ordinances which the Council may adopt. The Council intends on adopting ordinances of a general and permanent nature to provide for their placement in accordance with the scheme of the code. This will provide the user with a convenient and logical compilation of the ordinances of the city.

• (Ord. 2008-02, passed 10-1-2008)

This code shall be known as the “Menifee Municipal Code”. It shall be sufficient to refer to this code as the Menifee Municipal Code in any prosecution for the violation of any provision of this code. It shall also be sufficient to designate any ordinance adding to, amending or repealing provisions of this code as an addition or amendment to, or a repeal of the municipal code, or any portion thereof.

(Ord. 2008-02, passed 10-1-2008)

The municipal code shall consist of all ordinances adopted by the City Council which are of a general and permanent nature. An ordinance relating to any of the following subject matters is not considered an ordinance of general and permanent nature and need not be included within the municipal code:

• (A) The naming of streets or roads;

• (B) Granting, altering or withdrawing franchises;

• (C) Levying real property taxes;

• (D) Calling an election;

• (E) Annexation proceedings;

• (F) Interim zoning measures;

• (G) Zoning or rezoning a particular parcel of property; and

• (H) Other ordinances of a special or particular subject matter which the Council considers inappropriate to a compilation of laws of a general and permanent nature.

• (Ord. 2008-02, passed 10-1-2008)

(A) The ordinances of the city which are of a general and permanent nature shall be organized and grouped according to subject matter.

(B) Ordinances which are adopted from time to time shall be classified and organized under the following scheme of titles:

• (1) General Provisions;

• (2) Administration and Personnel;

• (3) Revenue and Finance;

• (4) Miscellaneous Regulations;

• (5) Business Regulations;

• (6) Health and Sanitation;

• (7) Subdivisions;

• (8) Buildings and Construction;

• (9) Planning and Zoning;

• (10) Animals;

• (11) Peace, Morals and Safety;

• (12) Vehicles and Traffic;

• (13) Parks and Recreational Facilities;

• (14) Streets and Sidewalks;

• (15) Water and Sewers; and

(16 and continuing) Reserved.

• (Ord. 2008-02, passed 10-1-2008)

(A) At least three copies of this code, duly certified by the City Clerk, shall be maintained on file in the office of the City Clerk as official copies of this code. Additional copies of this code shall be distributed to the departments of the city as prescribed by the City Manager.

(B) Duly certified copies of each ordinance making a change in this code shall be filed in the office of the City Clerk in books for that purpose, duly indexed for ready reference.

(C) Semi-annually, the City Clerk shall cause the loose leaf pages of this code in which changes have been made to be reproduced, including a notation as to the ordinance number and the date on which the change was adopted. The reprinted pages shall be distributed in order that the loose leaf copies of this code, prepared for the use and convenience of the officers and employees of the city and the general public, may be brought up to date. (Ord. 2008-02, passed 10-1-2008)

(A) The provisions of this code and all proceedings under it are to be construed to affect its purposes and to promote justice.

(B) All the provisions of this code and all other city ordinances shall be interpreted to refer to the appropriate or designated officer or office of the city, and whether an ordinance, uniform code, statute or other matter which is adopted by reference refers to any department, officer, employee, inspection, police or other functions, unless the context requires otherwise, all references shall be to the appropriate or designated office, officer, department, agency, employee or function of the city, or to the person or agency performing the function for the city. (Ord. 2008-02, passed 10-1-2008)

Neither the adoption of this code or any portion thereof, nor the repeal by this code of any ordinance previously in effect in the city or within the territory currently comprising the city, shall in any manner affect the prosecution for the violation of any ordinance, which violation was committed prior to the effective date of this code, nor be construed as a waiver of any license fee or penalty due and unpaid under the ordinances on the effective date, nor be construed as affecting any of the provisions of the ordinances relating to the collection of any license fee or penalty or the penal provisions applicable to any violation of the ordinances, nor to affect the validity of any bond or cash deposit required to be posted, filed or deposited pursuant to any ordinances, and all vested rights and obligations pertaining to the ordinances shall continue in full force and effect.

(Ord. 2008-02, passed 10-1-2008)

If any chapter, section, sentence, clause or portion of this code is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, the portion shall be deemed a separate, distinct and independent provision and the holding shall not affect the validity of the remaining portions thereof.

(Ord. 2008-02, passed 10-1-2008)

This code shall refer only to the omission or commission of acts within the territorial limits of the city and that territory outside of the city over which the city has jurisdiction or control by virtue of the California Constitution, or any law, or by reason of ownership or control of property.

(Ord. 2008-02, passed 10-1-2008)

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 the city, whether the city is mentioned in each particular section or not. (Ord. 2008-02, passed 10-1-2008)

Unless the provisions of this code otherwise specifically provide, or the context of this code indicates to the contrary, the general provisions, rules of construction and definitions set forth in the following sections of this chapter shall govern the construction of this code.

(Ord. 2008-02, passed 10-1-2008)

The title, chapter, article and section headings contained in this code shall not be deemed to govern, limit, modify or, in any manner, affect the scope, meaning or intent of the provisions of any title, chapter, article or section of this code. (Ord. 2008-02, passed 10-1-2008)

SECTION shall mean a section of this code, unless some other source is specifically set forth. DIVISION shall mean a subsection of the section in which the term occurs, unless some other section is expressly set forth. (Ord. 2008-02, passed 10-1-2008)

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 the officer or employee or by a person otherwise duly authorized pursuant to law or ordinance, unless this code expressly provides otherwise. (Ord. 2008-02, passed 10-1-2008)

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, the notice, report, statement or record shall be made in writing in the English language, unless this code expressly provides otherwise. (Ord. 2008-02, passed 10-1-2008)

Whenever any reference in this code is made to an ordinance, the reference shall apply to that ordinance of the city, unless this code expressly provides otherwise. Whenever any reference is made to any portion of this code or to any ordinances of the city, the reference shall apply to all amendments and additions to this code. (Ord. 2008-02, passed 10-1-2008)

When a limitation or period of time prescribed in any existing ordinance or statute for acquiring a right or barring a remedy, or for any other purpose, has begun to run before this code goes into effect, the time which has already run shall be deemed a part of the time prescribed as the limitation.

(Ord. 2008-02, passed 10-1-2008)

(A) As used in this code, unless a different meaning is apparent from the context or is specified elsewhere in the code.

CALENDAR YEAR. From January 1 through December 31 of any given year.

CITY. The City of Menifee.

CITY MANAGER. The appointed official of the city who occupies the position of chief administrative officer of the city.

COUNCIL. The City Council of the City of Menifee.

COUNCIL MEMBER. A person duly elected to the Council.

COUNTY. The County of Riverside.

DAY. Calendar day unless specified otherwise.

FISCAL YEAR. From July 1 of any given year through June 30 of the following year.

GENDER. The masculine gender shall include the feminine and neuter genders.

MONTH. A calendar month, unless otherwise specially expressed.

NUMBER. The singular number shall include the plural, and the plural number shall include the singular, unless the context clearly indicates otherwise.

• OATH. Affirmation.

OFFICIAL TIME STANDARD. Wherever certain hours are named in this code, they shall mean Standard Time or Daylight Saving Time as may be in current use in the city.

OPERATE. Carrying on, keeping, conducting or maintaining.

OWNER. Applied to a building or land, shall include any part owner, joint owner, tenant, tenant in common or joint tenant of the whole or a part of the building or land.

PERSON. Any person, firm, company, corporation, partnership, association, public corporation, city (except the City of Menifee), the County of Riverside, any district in the County of Riverside, the State of California or the United States of America, or any department, agency or political subdivision of the above, unless this code expressly provides otherwise.

PERSONAL PROPERTY. Money, goods, chattels, things in action and evidences of debts.

POLICE. The agency which performs the appropriate law enforcement function for the City. POLICE CHIEF ,

CHIEF OF POLICE or CHIEF OF POLICE SERVICES shall mean the head of the agency or division which at the time involved has responsibility for performing the police function for, or within, the city.

PROPERTY. Include real and personal property.

QUARTERLY. Where used to designate a period of time, shall mean the first three calendar months of any given year or succeeding period of three calendar months.

REAL PROPERTY. Includes land, tenements and hereditaments.

SALE. Any sale, exchange, barter or offer for sale.

SHALL. The act referred to is mandatory.

STATE. The State of California,

STREET. All streets, highways, avenues, boulevards, alleys, courts, places, squares or other public ways in the city which have been or may hereafter be dedicated and open to public use, or other public property so designated in any state law.

TENANT or OCCUPANT. Applied to a building or land, shall include any person who occupies the whole or a part of the building or land, whether alone or with others.

TENSE. The present tense shall include the past and future tense, and the future tense shall include the present tense.

(B) Words and phrases not defined in this code shall be construed according to the approved usage of the language or, when appropriate, by reference to definitions contained in state or federal law. (Ord. 2008-02, passed 10-1-2008)

(A) Violations.

(1) No person, firm, corporation, or other responsible entity shall violate any provision, restriction, or requirement of this code or any code adopted herein, any uncodified city ordinance, any rule or regulation promulgated pursuant thereto, or any condition of any approval, permit, license, or other entitlement issued pursuant thereto.

(2) Any person, firm, corporation, or other responsible entity who violates any provision, restriction, or requirement of this code or any code adopted herein by reference, any uncodified city ordinance, any rule or regulation promulgated pursuant thereto, or any condition of any approval, permit, license, or other entitlement issued pursuant thereto shall be guilty of a misdemeanor unless:

(a) Such requirement is classified as an infraction by the California Vehicle Code, or any other state code or law, or by this code or any uncodified ordinance;

(b) The City Manager or prosecuting attorney authorizes the issuance of a citation or notice to appear charging an offense as an infraction;

(c) The prosecuting attorney files a complaint charging the offense as an infraction;

(d) After filing of a misdemeanor complaint, the court, solely upon motion of the people, reduces the charge to an infraction, and the defendant does not object to having the case proceed as an infraction; or

(e) An enforcement officer issues an administrative citation pursuant to Chapter 1.03 of this code.

(f) An infraction offense shall be prosecutable as a misdemeanor upon a fourth violation within a period of one year and each violation thereafter of the same provision by the same individual within a period of one year.

(B) Penalties.

(1) Misdemeanor. Any person, firm, corporation, or responsible entity convicted of a misdemeanor under the provisions of this code by a court of competent jurisdiction shall be punishable by a fine not to exceed $1,000, or by imprisonment in the City or County Jail for a period not to exceed six months, or by both such fine and imprisonment.

(2) Infraction. Any person, firm, corporation, or responsible entity convicted of an infraction under the provisions of this code by a court of competent jurisdiction shall be punishable by:

(a) A fine not exceeding $100 for a first violation;

(b) A fine not exceeding $200 for a second violation of the same ordinance within one year;

(c) A fine not exceeding $500 for each additional violation of the same ordinance within one year.

(3) Administrative citation. Any person, firm, corporation, or other responsible entity who violates any provision, restriction, or requirement of this code or any code adopted herein by reference, any uncodified city ordinance, any rule or regulation promulgated pursuant thereto, or any condition of any approval, permit, license, or other entitlement issued pursuant thereto is also subject to administrative fines that are authorized by Chapter 1.03 of this code.

responsible entity who violates any provision, restriction, or requirement of this code or any code adopted herein by reference, any uncodified city ordinance, any rule or regulation promulgated pursuant thereto, or any condition of any approval, permit, license, or other entitlement issued pursuant thereto is also subject to administrative fines that are authorized by Chapter 1.03 of this code.

(C) Continuing violations. It shall constitute a new and separate offense for each and every day during any portion of which any violation of any provision, restriction, or requirement of this code or any code adopted herein by reference, any uncodified city ordinance, any rule or regulation promulgated pursuant thereto, or any condition of any approval, permit, license, or other entitlement issued pursuant thereto is committed, continued, maintained, or permitted by such person and shall be punishable accordingly.

(Ord. 2008-02, passed 10-1-2008; Am. Ord. 2013-117, passed 3-19-2013)

The following public officers and employees are authorized, pursuant to Cal. Penal Code § 836.5, to arrest any person without a warrant whenever he or she has reasonable cause to believe that the person to be arrested has committed a violation of statute or the Menifee Municipal Code in his or her presence which violation is a misdemeanor, and, as applicable, to issue a notice to appear and to release such person on his or her written promise to appear in court pursuant to Cal. Penal Code § 853.6. Such public officers and employees shall have completed the training required by law: Code Enforcement Officers.

(Ord. 2009-56, passed 10-6-2009)

Whenever any act or omission is made unlawful by this code, it shall include causing, permitting, aiding, abetting, suffering or concealing the fact of the act or omission. (Ord. 2008-02, passed 10-1-2008)

Imprisonment for violation of any city ordinance shall be in the County Jail. (Ord. 2008-02, passed 10-1-2008)

(A) In addition to other penalties provided by law, any condition caused or permitted to exist in violation of any provision, restriction, or requirement of this code or any code adopted herein by reference, any uncodified city ordinance, any rule or regulation promulgated pursuant thereto, or any condition of any approval, permit, license, or other entitlement issued pursuant thereto, or any threatened violation, shall be deemed a public nuisance and may be summarily abated as such by the city.

(B) Any violation or threatened violation as referred to in division (A), shall be deemed a public nuisance which may be abated by the City Attorney or City Prosecutor in a civil judicial action. The city's election of this remedy shall not preclude the exercise of the city's other remedies as provided by law.

(C) The term THREATENED VIOLATION as used in this section includes, but is not limited to, any condition, use or activity on land or in a building or other structure, or a portion thereof, that is immediately dangerous to its occupants or to public safety.

(Ord. 2008-02, passed 10-1-2008; Am. Ord. 2013-117, passed 3-19-2013)

(A) Whenever any person creating, causing, committing, concealing, suffering or maintaining a public nuisance, as referred to in § 1.01.240 of this chapter, or other public nuisance, as defined under state law or other ordinances or regulations, has been given notice, by or on behalf of the City Attorney or by any other city officer, employee or policing agent authorized to give the notice, to abate the nuisance or cease and desist from continuing the nuisance or violation of law, and the person fails, refuses or neglects to comply with the notice within the time specified therein, or if a time is not specified, then within a time reasonably sufficient to enable the compliance, the non-complying person shall be liable to the city for any and all costs and expenses to the city involved in thereafter abating the nuisance and in obtaining compliance with or enforcing the law as referred to or encompassed within the notice.

(B) Costs and expenses, as referred to in division (A) above, may include, but are not limited to, any and all direct costs and expenses related to such things as personnel salaries and benefits, operational overhead, rent, interest, fees for experts or consultants, legal costs or expenses, including attorneys' fees, claims against the city arising as a consequence of the nuisance or violation, and any and all procedures associated with collecting monies due hereunder.

(C) The provisions of division (A) above shall also apply to any person who received a notice, as specified therein, abated the nuisance or violation, but subsequently allowed or was responsible for a recurrence of the nuisance or violation.

(D) The liability of any person for the payment of the costs and expenses provided for in division (A) above may be waived in whole or in part by the City Attorney in any case wherein the City Attorney determines, in the City Attorney's sole discretion, that the failure or refusal of the persons to comply with the notice therein involved was based upon a good faith and bona fide issue of law or fact specially involved in the circumstances of the case. Any determination or decision of the City Attorney in this regard shall be final and conclusive and shall not be subject to appeal as prescribed in Title 2 of this code.

(E) Money due to the city pursuant to this section may be recovered in an appropriate civil action. Alternatively, the liability may be enforced by special assessment proceedings against the parcel of land upon which the nuisance existed, which proceedings may be conducted in a manner substantively similar to proceedings described in Cal. Gov't Code §§ 39574 et seq. , relating to weed abatement assessments.

(Ord. 2008-02, passed 10-1-2008; Am. Ord. 2013-117, passed 3-19-2013)

The violation of, or the failure or omission to perform in accordance with, any administrative provision of this code by any officer or employee of the city shall generally not be considered a criminal act, but may be deemed a failure to perform the duties or to observe the rules or regulations of the department, office, commission or board within the meaning of the civil service ordinances and rules and regulations of the city, if applicable. (Ord. 2008-02, passed 10-1-2008)

Whenever an notice is required to be given or may be given, under any provision of this code or any provision of any code adopted by reference by this code, or by any provision of any city ordinance or resolution, the notice shall be deemed given when given as provided here. Unless different or special provisions are specifically made applicable in this code or in some other applicable enactment, notice shall be given by personal delivery thereof to the person to be notified, by fax delivery with a copy of the fax return, or by deposit in a sealed envelope the United States mail, postage prepaid, certified, return receipt requested, addressed to the person at that person’s last know home or business address as the address appears in the public records or any other reliable records pertaining to the matter for which notice is to be given.

(Ord. 2008-02, passed 10-1-2008)

Proof of giving any notice may be made by the certificate of any officer or employee of the city or the declaration under penalty of perjury of any person over 18 years old, which confirms service in the manner provided in this code or other applicable provisions of law.

(Ord. 2008-02, passed 10-1-2008)

The provisions of Cal. Code of Civil Procedure § 1094.6 hereby are adopted by the City Council and the provisions are made applicable in the city to “decisions” as set out in § 1094.6 that are final on and after 10-1-2008. (Ord. 2008-02, passed 10-1-2008)

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