1.04 — IN GENERAL

There is adopted the recodified "Paramount Municipal Code," as compiled, edited, and published by Quality Code Publishing (QCP), Seattle, Washington ("the Code"), to replace, in its entirety, the Paramount Municipal Code in effect on the date the ordinance codified in this section is adopted (the "prior PMC").

(Ord. 1142 § 1, 2020)

The Code shall be known as the "Paramount Municipal Code" and it shall be sufficient to refer to the Code as the "Paramount Municipal Code," "the Code," or "the PMC" in any prosecution for the violation of any provision of the Code or in any proceeding at law or equity. It is sufficient to designate any ordinance adding to, amending, correcting, or repealing all or any part or portion of the Code as an addition to, amendment to, correction of, or repeal of the Code. References may be made to the titles, chapters, sections, and subsections of the Code and such references shall apply to those titles, chapters, sections, or subsections as they appear in the Code. (Prior code § 1-1; Ord. 1142 § 2, 2020)

In the construction of this Code and of all ordinances, regulations and resolutions 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 City of Paramount.

City law enforcement agency. The officer, department or agency designated by the City as the officer, department or agent responsible for law enforcement in the City.

Code. The words "the Code" or "this Code" shall mean "the Code of the City of Paramount, 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. "Council" means the City Council of the City of Paramount.

County. "County" is the County of Los Angeles.

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.

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

Goods. "Goods" includes wares or merchandise.

Individual. "Individual" means a human being.

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

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City of Paramount, CA § 1.04.030

PARAMOUNT CODE

§ 1.04.030

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 number includes the singular.

Oath. "Oath" includes an affirmation.

Officers, departments, boards, commissions and employees. "Officers, departments, boards, commissions and employees" referred to in this Code shall mean officers, departments, boards, commissions and employees of the City of Paramount, 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.

Operate. Includes carry on, keep, conduct or maintain.

Owner. "Owner," applied to a building or land, shall include any part owner, tenant, tenant in common or joint tenant of the whole of a part of such building or land.

Person. "Person," as used in this Code or in any uniform code adopted hereby, includes any person, firm, association, organization, partnership, business trust, company or corporation, and any municipal, political or governmental corporation, district, body or agency, other than the City.

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. "Property" shall include real and personal property.

Real property. "Real property" means lands, tenements and hereditaments.

Regional Planning Commission. "Regional Planning Commission" means the Los Angeles County Planning Commission.

Sale. "Sale" includes any sale, exchange, assignment, barter or offer for sale.

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

Sheriff. "Sheriff" means the Sheriff of Los Angeles County.

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 or her 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. "State" is the State of California.

Street. "Street" means all streets, highways, avenues, lanes, alleys, courts, places, squares, sidewalks, parkways, curbs or other public ways in this City which have been or may be

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City of Paramount, CA § 1.04.030

GENERAL PROVISIONS

§ 1.04.070

dedicated and open to public use, or such other public property so designated in any law of this State.

Tenant or occupant. "Tenant" or "occupant" applied to a building or land shall include any person who occupies the whole or part of such building or land, whether alone or with others.

Tenses. The present tense includes the past and future tenses, and the future tense 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. "Year" means a calendar year, except where otherwise provided. (Prior code § 1-2)

The provisions appearing in this Code, so far as they are in substance 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. (Prior code § 1-3)

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

B. 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. (Prior code § 1-4)

The adoption of the Code does not affect prosecutions for ordinance violations committed prior to the effective date of the Code, does not waive any fee or penalty due and unpaid on the effective date of the Code, and does not affect the validity of any bond or cash deposit posted, filed, or deposited pursuant to the requirements of any ordinance. (Ord. 1142 § 7, 2020)

If any section, subsection, sentence, clause, or phrase of the Code is for any reason held to be invalid or unconstitutional, then such decision shall not affect the validity of the remaining portions of the Code.

(Prior code § 1-5; Ord. 1142 § 8, 2020)

Not less than three copies of this Code shall be filed for use and examination by the public

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City of Paramount, CA § 1.04.070

PARAMOUNT CODE

§ 1.04.125

in the office of the City Clerk. At least three copies duly certified to by the City Clerk shall be permanently bound and maintained on file in his or her office. Additional copies shall be prepared in loose-leaf form and mounted to withstand heavy usage in such binders as the City Clerk may prescribe. Copies thereof shall be distributed as determined by the City Clerk. (Prior code § 1-6)

The City Clerk shall prepare printed copies of changes in the Code for insertion in the loose-leaf copies thereof. Every section of the Code so changed shall have printed thereon a notation of the ordinance number pursuant to which change is adopted.

At least once yearly, the City Clerk shall cause the loose-leaf pages of the Code in which changes have been made, to be reprinted, including the notation as to the ordinance number pursuant to which such change is adopted, in order that at least once yearly the loose-leaf copies of such 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. (Prior code § 1-7)

Title, chapter, and section headings contained in the 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, or section in the Code.

(Prior code § 1-8; Ord. 1142 § 4, 2020)

This Code shall refer only to the omission or commission of acts within the territorial limits of this City and to that territory outside of the City over which the City has jurisdiction or control by virtue of the Constitution, or any law, or by reason of ownership or control of property. (Prior code § 1-9)

Whenever a power is granted to or duty is imposed upon a public officer or employee, the power may be exercised or the duty may be performed by a deputy of such officer or employee or by a person otherwise duly authorized, pursuant to law or ordinance; and by an officer of the County or by a deputy or employee of such officer when by contract with the City such officer is obligated and has agreed to perform certain duties on behalf of the City, unless this Code expressly provides otherwise.

(Prior code § 1-10)

Whenever a reference is made to the Code as the Paramount Municipal Code, the Code, the PMC, or to any portion thereof, or to any ordinance of the City of Paramount codified in the Code, the reference shall apply to all amendments, corrections, and additions heretofore, now, or hereafter made.

(Prior code § 1-11; Ord. 1142 § 3, 2020)

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City of Paramount, CA § 1.04.125

GENERAL PROVISIONS

§ 1.04.140

The provisions of the Code shall not in any manner affect matters of record which refer to, or are otherwise connected with, ordinances which are therein specifically designated by number or otherwise and which are included within the Code, but such reference shall be construed to apply to the corresponding provisions contained within the Code. (Ord. 1142 § 5, 2020)

The last ordinance included in the Code was Ordinance No. 1128, passed April 7, 2020. The following Ordinances (passed subsequent to Ordinance No.1128 but prior to the adoption of the Code) are adopted and made a part of this Code: Ordinance Nos. 1129, 1130, 1131, 1132, 1133, 1134, 1135, 1136, 1137, 1138 (Urgency), 1139 and 1140. (Ordinance Nos. 1129, 1132, 1133, 1136, and 1139 are a zone change or development agreement, which will only be reflected in the Ordinance List as "uncodified.")

(Ord. 1142 § 6, 2020)

Unless otherwise expressly stated or the context requires, references in City forms, documents, and regulations to the chapters, sections, and provisions of the prior PMC shall be construed to apply to the corresponding chapters, sections, and provisions contained within the Code. (Ord. 1142 § 9, 2020)

• A. Service. Whenever a notice is required to be given under this Code, unless different provisions herein are otherwise specifically made, 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 or her last known business or residence address as the same appears in the public records of the City or other records pertaining to the matter to which such notice is directed. Service by mail shall be deemed to have been completed at the time of deposit in the United States Post Office.

• B. Proof of Giving. Proof of giving any notice may be made by the certificate of any officer or employee of the City, or by affidavit of any person over the age of 18 years, which shows service in conformity with this Code, or other provisions of law applicable to the subject matter concerned.

(Prior code §§ 1-12, 1-13)

The City Council hereby finds and determines that where public notice is required by law, or this Code, or motion, order, resolution or ordinance of the City Council to be posted in three public places, that the three public places in the City most likely to give notice are:

• A. Bulletin board, Paramount Police Station, 15001 Paramount Boulevard, Suite C, Paramount, California.

• B. Bulletin board, Paramount Library, 16254 Colorado Avenue, Paramount, California.

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City of Paramount, CA

PARAMOUNT CODE

§ 1.04.140

§ 1.04.160

• C. Bulletin board, City Hall, 16400 Colorado Avenue, Paramount, California.

Such notices shall be so posted at such places.

(Prior code § 1-15)

• A. Misdemeanor—Infraction. No person shall violate any of the provisions, or fail to comply with any of the requirements of this Code or any condition of any permit or license approved pursuant to any provision of this Code. Any person violating any of the provisions or failing to comply with any of the requirements of this Code or any condition of any permit or license approved pursuant to any provision of this Code shall be guilty of a misdemeanor unless:

  1. Such violation or failure to comply is expressly stated by this Code or State law to be infraction; or

  2. The City Attorney or prosecutor files a complaint charging the offense as an infraction.

• B. Punishment.

  1. Any person convicted of a misdemeanor under the provisions of this Code shall be punishable by a fine not exceeding the greater of $1,000.00 or the maximum fine authorized under California Government Code Section36901 as it may be subsequently amended; or by imprisonment in the County Jail for a period not exceeding the greater of six months of the maximum period of time authorized under California Government Code Section 36901, as it may be subsequently amended; or by both such fine and imprisonment.

  2. Except as provided herein, any person convicted of an infraction under the provisions of this Code shall be punishable by a fine not exceeding the greater of the following amounts, or the maximum fine authorized under California Government Code Section 36900(b) as it may be subsequently amended; for a first conviction, by a fine of not more than $100.00, for a second conviction within a period of one year, by a fine of not more than $200.00, and for a third or any subsequent conviction within a period of one year, by a fine of not more than $500.00. Any person convicted of an infraction under the building and safety provisions of this Code shall be punishable by a fine not exceeding the greater of the following amounts, or the maximum fine authorized under California Government Code Section 36900(c) as it may be subsequently amended: for a first conviction by a fine of not more than $100.00, for a second conviction within a period of one year by a fine of not more than $500.00, and for a third or any subsequent conviction within a period of one year by a fine of not more than $1,000.00.

3. Each such person shall be guilty of 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 shall be punishable accordingly.

(Prior code § 1-16)

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City of Paramount, CA § 1.04.160

GENERAL PROVISIONS

§ 1.04.200

When any loud or unruly assemblage occurs, and in the event that the Deputy Sheriff at the scene determines that there is a threat to the public peace, health, safety or general welfare, then that deputy shall notify the owner of the premises or the person in charge of the premises or the person responsible for the said assemblage that that person, or if that person is a minor, that the parents and guardians of that person will be held personally liable for the costs of providing Sheriff's Department personnel on special security assignment over and above the normal services provided by the Sheriff's Department to those premises. A first warning shall be deemed to be the normal services provided. The personnel utilized after the first warning to control the threat to the public peace, health, safety or general welfare shall be deemed to be on special security assignment over and above the normal services provided. The costs of such special security assignment may include damages to City or County property and/or injuries to Sheriff's Department personnel.

(Prior code § 1-16.1)

Whenever any person has committed a violation which is the primary cause of an accident and, whenever said person is found to be driving under the influence of alcohol and/or drugs and, whenever there is an emergency response to such an incident or personnel, supplies and equipment of police, firefighters, paramedics or emergency medical services said person shall be liable and charged for expenses of the emergency response not to exceed $1,000.00. (Prior code § 1-16.2)

Whenever in this Code any act or omission is made unlawful, it shall include causing, permitting, aiding, abetting, suffering or concealing such act or omission. (Prior code § 1-17)

A public employee, when authorized by the City Manager and certified under Section 832 of the California Penal Code, may arrest a person without a warrant whenever he or she has reasonable cause to believe that the person to be arrested has committed a misdemeanor, in his or her presence, which is a violation of a statute or ordinance, which the public employee has the duty to enforce. Whenever the arrested person does not demand to be taken before a magistrate, the public employee shall prepare a written notice to appear and release the person on his or her promise to appear.

(Prior code § 1-17.1)

• A. Notice to Appear in Court. If any person is arrested for a violation of a section of this Code and such person is not immediately taken before a magistrate as prescribed in the State Penal Code, 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.

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City of Paramount, CA

PARAMOUNT CODE

§ 1.04.200

§ 1.04.220

• B. Violation of Promise to Appear in Court. Any person willfully violating his or her written promise to appear in court is guilty of a misdemeanor regardless of the disposition of the charge upon which he or she was originally arrested.

• C. Warrant for Arrest for Failure to Appear in Court. 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 California Penal Code, the magistrate shall issue and have delivered for execution a warrant for his or her arrest within 20 days after his or her 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 or she promised to appear, then, within 20 days after the delivery of such written promise to appear by the officer to a magistrate having jurisdiction over the offense.

• (Prior code §§ 1-18, 1-19, 1-20)

In addition to the penalties provided in this chapter, 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, by this City, summarily abated as such, and each day such condition continues shall be regarded as a new and separate offense.

(Prior code § 1-21)

The violation of any administrative provision of this Code by any officer or employee of the City may be deemed a failure to perform his or her duties under rules and regulations of the City, or observe the rules and regulations of the department, office or board within the meaning of Civil Service Ordinances and other rules and regulations of the City. (Prior code § 1-22)

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City of Paramount, CA § 1.08.010

GENERAL PROVISIONS

§ 1.08.040