Milpitas Municipal Code Ch. 1 General Provisions

The penal sum of the official bond to be executed by the Clerk of the City of Milpitas to said City shall be in the amount of One Thousand Dollars.

(Ord. 1, 1/26/54)

The penal sum of the official bond to be executed by the Treasurer of the City of Milpitas to said City shall be in the amount of One Thousand Dollars.

(Ord. 9, 2/2/54)

The City Council shall hold its regular meetings at the City Council Chambers, City Hall, 455 East Calaveras Boulevard, Milpitas, California, on the first and third Tuesdays of each month at 7:00 p.m. After a regular meeting has opened, the City Council may publicly adjourn said meeting to reconvene there or elsewhere in the City of Milpitas.

(Ord. 2.4, 10/1/85)

The City Council of the City of Milpitas shall hold special meetings at such place within the City of Milpitas as shall be designated in the order calling said meetings.

(Ord. 4, 1/26/54)

2.03-1 No person in the audience at any meeting of the City Council or Planning Commission shall refuse to be seated or silent when ordered to do so by the Presiding Officer.

2.03-2 Any person who violates any provision of Section 2.03-1 of this Chapter:

(a) shall, upon order of the Presiding Officer, be expelled from said meeting, and

(b) is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed $500 or by imprisonment in the County Jail of Santa Clara County for a period of no more than six months, or both such fine and imprisonment.

2.03-3 Remedies provided for in this Section shall be cumulative and not exclusive.

(Ord. 2.2, 10/7/69)

There is hereby adopted an official seal of the City of Milpitas having in its center the words "Incorporated January 26, 1954" and around its perimeter the words "City of Milpitas, Santa Clara County, California."

(Ord. 2, 1/26/54)

(a) Use of Seal. It shall be unlawful and an infraction for any person to make or use the seal of the City of Milpitas, or any derivation, rendering, version, expression, logo, stamp or reproduction thereof, for any purpose other than for the official business of the City of Milpitas, its City Council, officers or departments, except upon approval of the City Council by ordinance or resolution.

(b) Imitation of Seal. No person shall place any imitation of the City seal nor any derivation, rendering, version, expression, logo, stamp or reproduction thereof on any written or printed material that is designed, intended or likely to confuse, deceive or mislead the public or cause the reader of such material to believe it to be an official City publication.

(c) Penalty. Any person violating this section shall be guilty of an infraction and fined as follows: (i) $100 for a first violation; (ii) $200 for a violation of this ordinance within one year; and (iii) $500 for each additional violation of this ordinance within one year. Cal. Govt. Code Sec. 36900(b). The City reserves the right to take any other legal action it finds appropriate to enforce this ordinance.

(d) Custodian of Seal. The City Clerk of the City of Milpitas shall be the official custodian of the official seal of the City.

(Ord. 275 (1), 11/6/07)

There is hereby created a Municipal Code of Ordinances of the City of Milpitas which shall be officially known as the "Milpitas Municipal Code."

(Ord. 17, 6/1/54)

Said Milpitas Municipal Code shall consist of the following titles:

(Ord. No. 38.858, § 6, 9/2/25; Ord. No. 297, § 2, 6/19/18)

Each ordinance of the City of Milpitas shall be enacted as a separate chapter of one of the foregoing titles of the Milpitas Municipal Code or as an amendment of a separate chapter thereto. The title of any such ordinance shall include a designation of the chapter number, the title number and the name of said title of the Milpitas Municipal Code by which said ordinance is classified. Said designation shall be sufficient if the following form appears thereon:

"This Ordinance being enacted and designated as Chapter _____ of Title _____ of the Milpitas Municipal Code," or in the case of an amendatory ordinance, "This Ordinance being enacted and designated as an amendment to Section(s) _____ of Chapter _____ of Title _____ of the Milpitas Municipal Code."

(Ord. 17, 6/1/54)

It shall be the duty of the City Attorney of the City of Milpitas to classify any ordinance of the City of Milpitas enacted after effective date of this ordinance in accordance with the provisions of this Chapter.

(Ord. 17, 6/1/54)

Pursuant to the provisions of Article 2 (commencing with Section 50020), Chapter 1, Part 1, Division 1 of Title V of the Government Code of the State of California, the City Council of the City of Milpitas does hereby adopt as a Comprehensive Municipal Code of the City of Milpitas all of the provisions of the various ordinances of the City of Milpitas heretofore enacted and expressly set forth in that several volume compilation entitled "Municipal Code of the City of Milpitas, California," published January 1, 1969 (which compilation is classified into the subsections, sections, articles, chapters, titles, parts and appendices set forth therein) and, in addition, the following secondary codes:

4.05-1 Volumes I (Building) and III (Housing) and appendices thereto of the 1967 Edition of the Uniform Building Code promulgated by International Conference of Building Officials.

4.05-2 Volume II (Mechanical) and appendices of the 1967 Edition of the Uniform Building Code promulgated by the International Conference of Building Officials and International Association of Plumbing and Mechanical Officials.

4.05-3 1965 Edition of National Electrical Code promulgated by the National Board of Fire Underwriters.

4.05-4 1967 Edition of Uniform Plumbing Code of the International Association of Plumbing and Mechanical Officials.

4.05-5 1967 Edition of the Uniform Fire Code of the California Fire Chiefs' Association.

subject to exclusions in said secondary codes specifically set forth in the applicable provisions of said "Municipal Code of the City of Milpitas, California."

4.05-6 Each and every subsection, section, article, chapter, title, part, regulation, provision, term, condition and appendix of said compilation and of each of the above mentioned secondary codes, is hereby referred to and hereby adopted and made a part hereof, the same as if fully set forth herein. Three certified copies of said "Municipal Code of the City of Milpitas, California" and three copies of each of the secondary codes hereinabove referred to have been filed for use and examination by the public in the office of the City Manager of the City of Milpitas at the City Hall in said City. The purpose of said "Municipal Code of the City of Milpitas, California" and the above described secondary codes is to provide local regulations on matters of health, safety and general welfare; the subject matter thereof includes regulations pursuant to said objectives.

(Ord. 17.1, 2/3/70)

4.06-1 The adoption of the "Municipal Code of the City of Milpitas, California" and the secondary codes referred to therein compiles and codifies the subject matter of all ordinances of the City of Milpitas, which subject matter is included therein.

4.06-2 The provisions appearing in said "Municipal Code of the City of Milpitas, California," so far as they are in substance the same as those of ordinances existing at the time of the effective date of this Chapter, shall be considered as continuations thereof and not as new enactments.

4.06-3 This Chapter is intended to compile and codify all ordinance subject matter included therein. Nothing herein contained shall be construed to repeal, alter, affect or impair any of the following matters or ordinances:

4.06-4 All rights, obligations, duties, privileges or encumbrances arising from any ordinance relating to any of the following matters:

(a) The public debt or the public credit.

(b) The establishment, naming, width, grade, construction improvements, or vacation of a public street, sidewalk, alley or other public property or facility.

(c) The acquisition or disposition of any interest in real or personal property.

(d) The annexation of territory.

(e) Any contract to which the City of Milpitas is a party or any contract inuring to the City's benefit.

(f) A Municipal Election

(g) An appropriation or expenditure of public funds.

(h) The levy or imposition of any property taxes affixing the tax rate.

(i) The grant of any franchise, license or right by the City which franchise, license, grant or power is legally in force and effect upon the effective date of this Chapter. Every such franchise, license, grant or power shall expire as originally provided.

(j) The zoning of specific parcels of land within the City of Milpitas or delineating plan lines or fire zones.

I-1-4.06-5 Any act or right vested or approved or any proceeding, suit or prosecution had or commenced in any cause before the effective date of this Chapter; but every such act done, or rights vested or approved, or proceeding, suit or prosecution had or commenced shall remain in full force and effect; no offense committed and no liability, penalty, or forfeiture, either civilly or criminally incurred prior to the effective date of this Chapter shall be discharged, affected or repealed or altered by this Chapter, but prosecutions and suits for such offenses, liabilities, penalties or forfeitures, shall be instituted and proceeded with in all respects.

I-1-4.06-6 Without limitation by anything contained in this Chapter, all ordinances specifically referred to in Appendix II of the "Municipal Code of the City of Milpitas, California", which Appendix is entitled "Ordinances Excluded From Compilation."

(Ord. 17.1, 2/3/70)

In the construction of the "Municipal Code of the City of Milpitas, California", the following rules shall be observed unless such construction would be inconsistent with the manifest intent of said Code:

(Ord. 17.1, 2/3/70)

General Rule: All words and phrases shall be construed and understood according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law, shall be construed and understood according to such peculiar and appropriate meaning.

(Ord. 17.1, 2/3/70)

Gender—Singular and Plural: Every word importing the masculine gender shall extend to and be applied to females as well as males; and every word importing the singular number only shall extend and be applied to several persons or things as well as to one person or thing; and every word importing the plural number only shall extend and be applied to one person or thing as well as to several persons or things.

(Ord. 17.1, 2/3/70)

Person: The word "person" shall extend and be applied to firms, corporations, or voluntary associations, as well as to individuals, unless plainly inapplicable.

(Ord. 17.1, 2/3/70)

Tenses: The use of any verb in the present tense shall include the future when applicable.

(Ord. 17.1, 2/3/70)

Shall Have Been: The words "shall have been" include past and future cases.

(Ord. 17.1, 2/3/70)

Code, Etc.: The words "Code" or "Municipal Code" or "Milpitas Municipal Code" refer to the compilation entitled "Municipal Code of the City of Milpitas, California" and all amendments thereto.

(Ord. 17.1, 2/3/70)

Acts By Agent: When the Code requires an act to be done which may by law as well be done by an agent as by the principal, such requisition shall be construed to include all such acts when done by an authorized agent.

(Ord. 17.1, 2/3/70)

Effect of Repeal: When any law repealing a former law, clause or provision shall be itself repealed, such repeal shall not be construed to revive such former law, clause or provision unless it shall be expressly so provided.

(Ord. 17.1, 2/3/70)

Marginal Captions and Titles: Marginal captions and titles in said Code are for convenience in identification, reading and indexing and are not intended to vary the meaning of the text they identify.

(Ord. 17.1, 2/3/70)

Additional Rules: The following additional rules shall be observed in the construction of this Code:

(a) If the provisions of different chapters of this Code conflict with or contravene each other, the provisions of each chapter shall prevail as to all matters and questions growing out of the subject matter of such chapter.

(b) If conflicting provisions be found in different sections of the same chapter, the provisions of the section which is last in numerical order shall prevail unless such construction be inconsistent with the meaning of such chapter.

(Ord. 17.1, 2/3/70)

Whenever any provision of this Municipal Code imposes any duty or responsibility upon the City, its officers, employees or agents, said duty or responsibility shall be discretionary (requiring the exercise of judgment and discretion) and not mandatory. Said duties or responsibilities are intended to be a grant of authority to the City, its officers, employees or agents, said duty or responsibility shall be discretionary (requiring the exercise of judgment and discretion) and not mandatory. Said duties or responsibilities are intended to be a grant of authority to the City, its officers, employees and agents (and, where applicable to authorize the discretion to require private parties to conform to the requirements of this Municipal Code). The use of the words "shall" or "must" as applied to said duties or responsibilities are intended to be a directory and discretionary and not mandatory.

(Ord. 17.12, 4/2/85)

No duty or responsibility of the City, its officers, employees or agents, described, referred to or stated in this Municipal Code shall be mandatory unless the following phraseology appears in connection with said duty: "The duty imposed herein shall be mandatory."

(Ord. 17.12, 4/2/85)

No provision of the Milpitas Municipal Code is intended nor shall be construed to impose any liability upon the City, its officers, employees or agents, for any action or inaction of any kind whatsoever on the part of said City, its officers, employees or agents.

(Ord. 17.12, 4/2/85)

Provisions expressed in this Section I-1-4.07-11 with respect to said Milpitas Municipal Code shall apply to each and every clause, sentence, paragraph, subsection, section, article, chapter, and title of said Milpitas Municipal Code as presently existing or as heretofore or hereafter amended or reenacted.

The City Council finds and declares that the provisions of this section are declaratory of existing law and do not constitute a change of said existing law.

(Ord. 17.12, 4/2/85)

The rules of construction set forth in Section I-1-4.07 shall not apply to any chapter containing express provision, excluding such construction, or when the subject matter or context may be repugnant thereto.

(Ord. 17.1, 2/3/70)

Except as hereafter provided in Section V-100-17 and except as hereafter provided in Section I-1-4-.09-2 and Section I-1-4.09-3 of the Milpitas Municipal Code, and pursuant to the authority granted in Section 35900 of the Government Code of the State of California, whenever in this Code any act is prohibited or is made or is declared to be unlawful, or an offense, or the doing of any acts is required, or the failure to do any act is declared to be unlawful, the violation of any such provision of said Code is hereby declared to be an infraction within the meaning of the Government Code and the Penal Code of the State of California. Pursuant to said provisions of said Section 36900 of the Government Code of the State of California, every violation determined to be an infraction is punishable by (1) a fine not exceeding One Hundred Dollars ($100) for a first violation; (2) a fine not exceeding Two Hundred Dollars ($200) for a second violation of the same act within one year; (3) a fine not exceeding Five Hundred Dollars ($500) for each additional violation of the same act within one year. Each day such a violation continues shall be regarded as a new and separate infraction.

(Ord. 17.14, 6/15/93: Ord. 17.11, 4/7/84)

Pursuant to the authority granted in Section 36900 of the Government Code of the State of California, the violation of those sections of the Milpitas Municipal Code designated in Section I-1-4.09-3 shall be misdemeanors within the meaning of the Government Code and the Penal Code of the State of California and shall be punishable by a fine not exceeding One Thousand Dollars ($1000) or imprisonment in the County jail of Santa Clara County, California, for a term not exceeding six months, or both such fine and imprisonment. Each day such violation continues shall be regarded as a new and separate offense.

(Ord. 17.11, 4/17/84)

Violation of the following specific provisions of the Milpitas Municipal Code shall constitute a misdemeanor:

I-1-4.09-3.1 Deleted by Ord. 17.12.

I-1-4.09-3.2 Section V-14-1.00 Discharging or Shooting Firearm, Crossbow, Bow and Arrow or Slingshot.

I-1-4.09-3.3 Section V-100-3.03 Willful refusal or failure to comply with any lawful order of a police officer or fire department official.

I-1-4.09-3.4 Section V-210-5.18 entitled "Compliance with Quarantine"; Section V-210-3.04 entitled "Notice Not Required in an Emergency Situation"; Section V-210-5.13 entitled "Killing or Wounding of Domestic Animals by Potentially Dangerous Dogs," Section V-210-13.11 entitled "Multiple Offenses."

I-1-4.09-3.5 Section V-16-4.00 Unlawful Presence in Shopping Center.

I-1-4.09-3.6 Section V-8-l.00 Minor Remaining or Loitering in Public Place.

I-1-4.09-3.7 Chapter 2, Title VIII "Milpitas Sanitary Code" of the Milpitas Municipal Code.

I-1-4.09-3.8 Sections III-22-21.04, III-22-21.05, and III-22-21.06 of Chapter 22, Title III ("Cable Franchise Ordinance") of the Milpitas Municipal Code.

I-1-4.09-3.9 Deleted by Ord. 113.20.

(Ord. 113.21 (part), 11/27/07; Ord. 113.20 (part), 10/22/02; Ord. 54.18(B), 12/1/87; Ord. 17.13, 10/29/86; Ord. 17.12, 4/2/85; Ord. 17.10, 4/19/83; Ord. 17.9, 10/20/81; Ord. 17.6, 3/3/81; Ord. 17.5, 1/2/79; Ord. 17.4, 8/2/77)

(Ord. No. 17.16, § 1, 2-17-09)

In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this Code shall be deemed a public nuisance and may be abated by this City in the manner provided herein or otherwise by law, including by the way of an injunction, and each day such condition continues shall be regarded as a new and separate offense. In any action or proceeding, whether administrative or judicial, to abate a nuisance, the prevailing party shall be entitled to administrative or judicial, to abate a nuisance, the prevailing party shall be entitled to recovery of its attorneys' fees from the other party, if at the outset of the action the City elects to recover its attorneys' fees. Any recovery of attorneys' fees pursuant to this section shall be subject to the terms and conditions set forth in subdivision (b) of Government Code section 38773.5 and any successor statutes thereto.

(Ord. 17.15, 7/2/02; Ord. 17.1, 2/3/70)

The remedies and penalties provided for by this Code shall be cumulative and not exclusive and shall be in addition to such other remedies or penalties as are provided by law.

(Ord. 17.1, 2/3/70)

If any section, subsection, sentence, clause or phrase of this Code is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Code. The legislative body hereby declares that it would have passed this Code and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional.

(Ord. 17.1, 2/3/70)

All regular and special meetings of the Milpitas City Council, Planning Commission and any other board or commission established by ordinance shall be opened with the following pledge: "I pledge allegiance to the flag of the United States of America and to the Republic for which it stands. One nation under God, indivisible, with liberty and justice for all." Provided, however, nothing herein contained shall be construed to require any person to take said pledge.

(Ord. 17.2, 8/1/72)

The City Manager is authorized to install the national motto, "In God We Trust" within the following locations:

(a) Milpitas City Council Chambers;

(b) Milpitas City Hall Committee Room;

(c) Lobbies at the Milpitas Senior Center, Milpitas Community Center, and Milpitas Sports Center; and

(d) Milpitas Police Department Community Room.

(Ord. No. 288, § 2, 8/19/14)