Monterey Municipal Code Art. 1 General Provisions

The ordinances embraced in the following Chapters and Sections shall constitute and be designated “The Code of the City of Monterey, California,” and may be so cited. Such Code may also be cited as the “Monterey City Code.” (Ord. 3705 § 3, 2025. Formerly 1-1)

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

City. The words “the City” or “this City” shall be construed as if followed by the words “of Monterey.”

Code. The words “the Code” or “this Code” shall mean “The Code of the City of Monterey, 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.

Council. Whenever the words “City Council” or “Council” are used in this Code, they shall be construed to mean the City Council of the City of Monterey.

County. The words “the county” or “this county” shall mean the County of Monterey.

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

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

Engineering & Maintenance Director. Whenever the term “Engineering & Maintenance Director” shall appear in this code, it shall be construed to refer to and mean the “Public Works Director” as defined in Section 38-11.

Gender. The masculine gender includes the feminine and neuter.

In the City. The words “in the City” shall mean and include all territory over which the City 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 or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.

Month. The word “month” shall mean a calendar month.

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

Oath. “Oath” includes an affirmation.

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

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

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. “Person” includes any person, firm, association, organization, partnership, business trust, corporation or company.

Personal property. “Personal property” includes every species of property, except real property, as defined in this Section.

Preceding, following. The words “preceding” and “following” mean next before and next after, respectively.

Process. “Process” includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature.

Property. The word “property” shall include real and personal property.

Real property. “Real property” shall include lands, tenements and hereditament.

Shall, may. “Shall” is mandatory and “may” is permissive.

Signature or subscription by mark. “Signature” or “subscription” includes 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 his 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 witnesses so sign their own names thereto.

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.

Week. A week consists of seven consecutive days.

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.

Year. The word “year” shall mean a calendar year, except where otherwise provided. (Ord. 3705 § 3, 2025; Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009. Formerly 1-2)

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. (Ord. 3705 § 3, 2025. Formerly 1-3)

The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect.

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. (Ord. 3705 § 3, 2025. Formerly 1-4)

It is hereby declared to be the intention of the City 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. (Ord. 3705 § 3, 2025. Formerly 1-5)

The catchlines of the several Sections of this Code 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. (Ord. 3705 § 3, 2025. Formerly 1-6)

It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this code. A violation of or failure to comply with any of the requirements of this code shall constitute a misdemeanor, subject to the following exceptions:

a.Any violation of or failure to comply with any provision of this code may be charged and prosecuted as an infraction at the discretion of the City Attorney;

b.Any violation of the provisions relating to possession of alcohol in public, parking, operation of bicycles, operation of motor vehicles, as well as the use of sidewalks, public property, streets, and highways by animals, bicycles, skates, skateboards, motor vehicles, or pedestrians, shall constitute an infraction; and

c.Any violation of the graffiti ordinance as set forth in Chapter 22, Article 2 of this code shall be subject to the administrative citation and administrative remedies processes set forth in Article 2 of this chapter or other civil remedies, but shall not constitute a misdemeanor or infraction.

Any person convicted of a misdemeanor under the provisions of this code shall be subject to a fine of not more than one thousand dollars ($1,000) or imprisonment in the County jail for a period of not more than six months, or by both fine and imprisonment. Any person convicted of an infraction under the provisions of this code shall be subject to a fine of not more than one hundred dollars ($100) for a first conviction, a fine of not more than two hundred dollars ($200) for a second violation of the same section within one year, or a fine of not more than five hundred dollars ($500) for a third or subsequent violation of the same section within one year.

Each such person shall be charged with a separate offense for each and every day during any portion of which any violation of any provision of this code is committed, continued, or permitted by such person, and each offense shall, upon conviction, be punishable accordingly.

In addition to criminal remedies, each and every violation of this code shall also constitute a public nuisance, and as such may be enforced by abatement and injunction, or by other civil action where appropriate.

In addition to all other remedies set forth in this section, each and every such violation shall be subject to the administrative citation and administrative remedies processes set forth in Article 2 of this chapter. (Ord. 3705 § 3, 2025; Ord. 3482 § 2, 2013; Ord. 3432 § 1, 2009; Ord. 3258 §1, 1999. Formerly 1-7)

Any person against whom a civil action is filed for violation of any provision of this Code shall be liable for the costs thereof, which shall include but not be limited to the costs of investigation, court costs, attorney’s fees, and costs of monitoring compliance. This section does not apply to the recovery of attorney’s fees in a nuisance abatement action or proceeding, for which the recovery of attorney’s fees is authorized under Section 22-38.6. (Ord. 3705 § 3, 2025; Ord. 3472 § 2, 2012. Formerly 1-7.1)

Whenever any provision of the City Code creates a tax collected by or paid to the City, unless otherwise noted in the Code such tax may be remitted by U.S. mail, postage prepaid and deposited in the regular mail and postmarked on or before the scheduled due date, and such tax shall be deemed to be received on the date postmarked regardless of when it is actually received. The City shall assume no responsibility for errors or mistakes made by the U. S. Postal Service, and it shall remain the responsibility of the taxpayer to ensure that the tax is remitted and received in a timely fashion. (Ord 3245; 03/1999) (Ord. 3705 § 3, 2025. Formerly 1-8.1)

(Ord 3350; 03/2005)

All claims against the City for money or damages not otherwise governed by the Tort Claims Act, California Government Code Sections 900 et seq., or another state law (hereinafter in this Section, claims”) shall be presented within the time, and in the manner, prescribed by Part 3 of Division 3.6 of Title 1 of the California Government Code (commencing with Section 900 thereof) for the claims to which that Part applies by its own terms, as those provisions now exist or shall hereafter be amended, and as further provided by this chapter.

All claims shall be made in writing and verified by the claimant or by his or her guardian, conservator, executor or administrator. No claim may be filed on behalf of a class of persons unless verified by every member of that class as required by this section. In addition, all claims shall contain the information required by California Government Code Section 910.

In accordance with California Government Code Sections 935(b) and 945.6, all claims shall be presented as provided in this section and acted upon by the City Council prior to the filing of any action on such claims and no such action may be maintained by a person who has not complied with the requirements of this section.

Any action brought against the City of Monterey upon any claim or demand shall conform to the requirements of Sections 940-949 of the California Government Code. Any action brought against any employee of the City of Monterey shall conform with the requirements of Section 950-951 of the California Government Code. (Ord. 3705 § 3, 2025. Formerly 1-8.2)

Before entering upon his/her duties, the City Clerk must take the oath of office provided for in the Constitution of the state and either (i) file an official bond in the amount to be set from time to time by the Finance Director for the faithful performance of his/her duties, payable to the City or (ii) be covered by a public employee dishonesty/crime policy of insurance with limits as established by the Finance Director. Such bond or insurance shall be to the satisfaction of the City Manager. The premium of such bond or insurance shall be paid by the City. The bond or proof of insurance shall be filed with the City Manager. (Ord. 3705 § 3, 2025; Ord. 3535 § 3, 2016. Formerly 1-8.3)