Mountain View Municipal Code Art. I Generally

The ordinances embraced in the following chapters and sections shall constitute and be designated "The Code of the City of Mountain View, California," and may be so cited. Such code may also be cited as the "Mountain View City Code."

(Code 1938, Sec. 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 Mountain View."

Code. The words "the code" or "this code" shall mean "The Code of the City of Mountain View, California."

Computation of time. The time period during which any act provided by this code is to be done is computed by excluding the first day and including the last day, unless the last day is a holiday, in which case such period shall be extended to the first day which is not a holiday.

(Ord. No. 19.66, 8/8/66.)

Council. Whenever the word "council" is used in this code, it shall be construed to mean the city council of the City of Mountain View.

County. The words "the county" or "this county" shall mean the County of Santa Clara.

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

* For similar state law, see Gov. C.A., Sec. 6806.

Daytime, nighttime.* "Daytime" is the period of time between sunrise and sunset. "Nighttime" is the period of time between sunset and sunrise.

* For similar state law, see Gov. C.A., Sec. 6807.

Gender.* The masculine gender includes the feminine and neuter.

* For similar state law, see Gov. C.A., Sec. 12.

Holiday. Every Saturday and Sunday; January 1st, known as New Year's Day; the third Monday in January, known as Martin Luther King Jr. Day; the third Monday in February, known as President's Day; March 31st, known as Cesar Chavez Day; the last Monday in May, known as Memorial Day; June 19th, known as Juneteenth; July 4th, known as Independence Day; the first Monday in September, known as Labor Day; September 9th, known as Admission Day; November 11th, known as Veterans' Day; the fourth Thursday in November, known as Thanksgiving Day; the Friday following Thanksgiving Day; December 25th, known as Christmas Day; and every day appointed by the President of the United States, the Governor of California, or the City Council or their designee. Should any of the above-listed holidays fall on a Saturday, the preceding Friday shall be deemed a holiday, and should any of the above-listed holidays fall on Sunday, the following Monday shall be deemed a holiday.

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 (3) or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.

* See C. C., Sec. 12.

Month.* The word "month" shall mean a calendar month.

* For similar state law, see Gov. C.A., Sec. 6804.

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

* For similar state law, see Gov. C. A., Sec. 13.

Oath.* "Oath" includes an affirmation.

* For similar state law, see Gov. C. A., Sec. 15.

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

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

Or, and. "Or" may be read "and," and "and" may be read "or," if the sense requires it.

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, and, where applicable shall include the United States, the State of California, and any public corporation, political subdivision, city, county, district, or any agency thereof.

* For similar state law, see Gov. C. A., Sec. 17; C.C.P., Sec. 17.

Personal property.* "Personal property" includes every species of property, except real property as defined in this section.

* See C. C., Sec. 14, 663.

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.

* For similar state law, see Gov. C. A., Sec. 22.

Property.* The word "property" shall include real and personal property.

* See C. C., Sec. 14; C. C. P., Sec. 17.

Real property.* "Real property" shall include lands, tenements and hereditaments.

* See C. C., Sec. 14, 658.

Shall, may.* "Shall" is mandatory and "may" is permissive.

* For similar state law, see Gov. C. A., Sec. 14.

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.

* For similar state law, see Gov. C.A., Sec. 16.

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.

* For similar state law, see Gov. C. A., Sec. 11.

Week.* A "week" consists of seven (7) consecutive days.

* For similar state law, see Gov. C. A., Sec. 6805.

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.

* For similar state law, see Gov. C. A., Sec. 8.

Year.* The word "year" shall mean a calendar year, except where otherwise provided.

* For state law definition of "year", see Gov. C. A., Sec. 6803.

(Ord. No. 19.66, 8/8/66; Ord. No. 6.71, 2/8/71; Ord. No. 29.74, 8/26/74; Ord. No. 7.2024, § 1(Exh. A), 10/22/24.)

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.

(Code 1938, Sec. 2.)

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.

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.

(Code 1938, Sec. 26.)

The catchlines of the several sections of this Code which are underlined 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 re-enacted.

(Code 1938, Sec. 6.)

a. The violation of any provision of this code, or other ordinance of the city or the failure to comply with any of the mandatory requirements thereof, may be prosecuted as an infraction and punishable by fine or as a misdemeanor and punishable by fine and/or imprisonment in accordance with the City Charter and California Government Code. A violation shall be deemed an infraction if a citation is issued specifying that the violation is an infraction; the city attorney files a complaint in the superior court specifying that the offense is an infraction; or the city attorney makes a motion to reduce a misdemeanor charge to an infraction prior to trial on the matter.

b. Except as otherwise provided, each person shall be guilty of a separate offense for each day during any portion of which any violation of any provision of this code, or other ordinance of the city is committed or permitted by such person, and shall be punishable accordingly for those code violations.

c. Failure to comply with any condition of a permit or entitlement granted by the city, or failure to secure a required permit, shall be a misdemeanor punishable pursuant to this section.

d. Penalty for infraction. Every violation charged as or determined to be an infraction is punishable by: (1) a fine not exceeding one hundred dollars ($100.00) for the first violation; (2) a fine not exceeding two hundred dollars ($200.00) for a second violation of the same ordinance within one (1) year; (3) a fine not exceeding five hundred dollars ($500.00) for each additional violation of the same ordinance within one (1) year; and (4) a fourth violation within the same one (1) year period may be prosecuted as a misdemeanor.

(Ord. No. 175.457, 3/10/58; Ord. No. 5.99, 4/13/99.)

* For state law authorizing cities to impose fines not exceeding one thousand dollars and imprisonment for terms not exceeding six months, or both, for violations of ordinances, see Gov. C. A., Sec. 36901. For provision declaring violation of ordinance to be a misdemeanor, see Gov. C. A., Sec. 36900.

If any person is arrested for a violation of a provision of this Code, or other ordinance of the city, and such person is not immediately taken before a magistrate as prescribed in the Penal Code of the state, the arresting officer shall prepare in duplicate a written notice to appear in court, containing the name and address of such person, the offense charged, and the time and place where and when such person shall appear in court. After the issuance of the written notice to appear, the arresting officer shall comply with, and the release or nonrelease of the person arrested shall be governed by, the provisions of Section 853.6 of the Penal Code of the state, which Penal Code section is incorporated herein by reference as if fully set forth at this point.

(Ord. No. 175.457, 3/10/58; Ord. No. 15.79, 4/9/79.)

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

(Ord. No. 175.457, 3/10/58.)

When a person signs a written promise to appear at the time and place specified in the written promise to appear and has not posted bail as provided in Section 853.1 of the Penal Code of the state, the magistrate shall issue and have delivered for execution a warrant for his arrest within twenty (20) days after his failure to appear as promised, or if such person promises to appear before an officer authorized to accept bail other than a magistrate and fails to do so on or before the date which he promised to appear, then, within twenty (20) days after the delivery of such written promise to appear by the officer to a magistrate having jurisdiction over the offense.

(Ord. No. 175.457, 3/10/58.)

Any person sentenced to imprisonment for the violation of any provision of this code or of any ordinance of this city may be imprisoned.

(Code 1938, Sec. 24.)

Whenever any provision of this code requires the publication of any notice or other matter except where otherwise provided, the same shall be made once in the official newspaper of the city, or as an alternative, the publication shall be made by posting such notice or matter in three (3) public places in the city for the required time.

(Code 1938, Sec. 29.)

* As to notices for public improvements generally, see Sec. 17.14 to 17.21 of this Code.

Any notice required to be served or given under any provision of this code shall be deemed to have been served or given when same has been deposited in the United States Post Office at Mountain View, enclosed in a sealed envelope, postage prepaid, addressed to the person sought to be served at his place of business, as same appears in the records of the clerk's office, or if no such address there appears, then to his last-known residence address, and if there be no known residence address, then addressed to such person at Mountain View, California.

(Code 1938, Sec. 9.)

Whenever by the provisions of this code any power is granted to, or a duty is imposed upon, a public officer, the power may be exercised or the duty performed by a duly appointed deputy, designee or other person duly authorized by law.

(Code 1938, Sec. 7; Ord. No. 3.01, 3/27/01.)

The survey made by Curtiss M. Barker, licensed surveyor and civil engineer, in December and January, 1902 and 1903, and the map thereof showing the streets, sidewalks and grades, is hereby accepted and adopted as the official survey and map of that part of the city as designated and delineated on such map.

(Code 1938, Sec. 33.)

The official grades of all public streets and alleys in the city are established as provided by a resolution establishing "Street Grades in the Town of Mountain View" and adopted by the board of town trustees at a meeting held on the 9th day of February, 1916, which resolution is hereby referred to and made a part of this section.

(Code 1938, Sec. 34.)