Chapter 10 — GENERAL PROVISIONS

This codification of ordinances by and for the City of Riverbank shall be designated as the City Code of Riverbank and may be so cited.

(Ord. 2008-009, passed 10-13-08)

Unless otherwise provided herein, or by law or implication required, the same rules of construction, definition, and application shall govern the interpretation of this code as those governing the interpretation of state law. (Ord. 2008-009, passed 10-13-08)

All provisions of Title I compatible with future legislation, shall apply to ordinances hereafter adopted amending or supplementing this code unless otherwise specifically provided.

(Ord. 2008-009, passed 10-13-08)

Headings and captions used in this code other than the title, chapter, and section numbers are employed for reference purposes only and shall not be deemed a part of the text of any section. (Ord. 2008-009, passed 10-13-08)

(A) General rule. Words and phrases shall be taken in their plain, or ordinary and usual sense. However, technical words and phrases having a peculiar and appropriate meaning in law shall be understood according to their technical import.

(B) Specific definitions. For the purpose of this code, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

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

CITY, MUNICIPAL CORPORATION, or MUNICIPALITY. The City of Riverbank, California.

CODE, THIS CODE or THIS CODE OF ORDINANCES. This municipal code as modified by amendment, revision, and adoption of new titles, chapters, or sections.

COUNCIL. The City Council of the City of Riverbank.

COUNTY. Stanislaus County, California.

DAY. A calendar day unless otherwise expressed.

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

MAY. The act referred to is permissive.

MONTH. A calendar month.

OATH. An affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such

cases the words SWEAR and SWORN shall be equivalent to the words AFFIRM and AFFIRMED .

OFFICER, OFFICE, EMPLOYEE, COMMISSION, or DEPARTMENT. An officer, office, employee, commission, or department of this city unless the context clearly requires otherwise.

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 such building or land.

PERSON. Extends to and includes person, persons, firm, corporation, copartnership, trustee, lessee, or receiver. Whenever used in any clause prescribing and imposing a penalty, the terms PERSON or WHOEVER as applied to any unincorporated entity shall mean the partners or members thereof, and as applied to corporations, the officers or agents thereof.

PERSONAL PROPERTY. This term shall include money, goods, chattels, things in action, and evidences of debt. PRECEDING or FOLLOWING. Next before or next after, respectively.

PROPERTY. Both real and personal property.

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

REAL PROPERTY. This term shall include lands, tenements, and hereditaments.

SHALL. The act referred to is mandatory.

SIGNATURE or SUBSCRIPTION. Includes a mark when the person cannot write.

STATE. The State of California.

STREET. This term shall include 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 such other public property so designated in any law of this state.

SUBCHAPTER. A division of a chapter, designated in this code by a heading in the chapter analysis and a capitalized heading in the body of the chapter, setting apart a group of sections related by the subject matter of the heading. Not all chapters have subchapters.

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

WRITTEN. Any representation of words, letters, or figures, whether by printing or otherwise.

YEAR. A calendar year, unless otherwise expressed; equivalent to the words YEAR OF OUR LORD . (Ord. 2008-009, passed 10-13-08)

The construction of all ordinances of this city shall be by the following rules, unless such construction is plainly repugnant to the intent of the legislative body or of the context of the same ordinance:

(A) AND or OR. Either conjunction shall include the other as if written "and/or," if the sense requires it.

(B) Acts by assistants. When a statute or ordinance requires an act to be done which, by law, an agent or deputy as well may do as the principal, such requisition shall be satisfied by the performance of such act by an authorized agent or deputy.

(C) Gender; singular and plural; tenses. Words denoting the masculine gender shall be deemed to include the feminine and neuter genders; words in the singular shall include the plural, and words in the plural shall include the singular; the use of a verb in the present tense shall include the future, if applicable.

(D) General term. A general term following specific enumeration of terms is not to be limited to the class enumerated unless expressly so limited.

(Ord. 2008-009, passed 10-13-08)

If any provision of this code as now or later amended or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions that can be given effect without the invalid provision or application. (Ord. 2008-009, passed 10-13-08)

Whenever in one section reference is made to another section hereof, such reference shall extend and apply to the section referred to as subsequently amended, revised, recodified, or renumbered unless the subject matter is changed or materially altered by the amendment or revision.

(Ord. 2008-009, passed 10-13-08)

Reference to a public office or officer shall be deemed to apply to any office, officer, or employee of this city exercising the powers, duties, or functions contemplated in the provision, irrespective of any transfer of functions or change in the official title of the functionary.

(Ord. 2008-009, passed 10-13-08)

If a manifest error is discovered, consisting of the misspelling of any words; the omission of any word or words necessary to express the intention of the provisions affected; the use of a word or words to which no meaning can be attached; or the use of a word or words when another word or words was clearly intended to express such intent, such spelling shall be corrected and such word or words supplied, omitted, or substituted as will conform with the manifest intention, and the provisions shall have the same effect as though the correct words were contained in the text as originally published. No alteration shall be made or permitted if any question exists regarding the nature or extent of such error.

(Ord. 2008-009, passed 10-13-08)

The official time, as established by applicable state/federal laws, shall be the official time within this city for the transaction of all municipal business.

(Ord. 2008-009, passed 10-13-08)

(A) In all cases where an ordinance requires an act to be done in a reasonable time or requires reasonable notice to be given, reasonable time or notice shall be deemed to mean the time which is necessary for a prompt performance of

such act or the giving of such notice.

(B) The time within which an act is to be done, as herein provided, shall be computed by excluding the first day and including the last. If the last day be Sunday, it shall be excluded.

(Ord. 2008-009, passed 10-13-08)

This code, from and after its effective date, shall contain all of the provisions of a general nature pertaining to the subjects herein enumerated and embraced. All prior ordinances pertaining to the subjects treated by this code shall be deemed repealed from and after the effective date of this code.

(Ord. 2008-009, passed 10-13-08)

All ordinances of a temporary or special nature and all other ordinances pertaining to subjects not embraced in this code shall remain in full force and effect unless herein repealed expressly or by necessary implication. (Ord. 2008-009, passed 10-13-08)

All ordinances passed by the legislative body shall take effect in accordance with the provisions of Cal. Gov't Code § 36937 or other applicable state statute.

(Ord. 2008-009, passed 10-13-08)

(A) Whenever any ordinance or part of an ordinance shall be repealed or modified by a subsequent ordinance, the ordinance or part of an ordinance thus repealed or modified shall continue in force until the ordinance repealing or modifying it becomes effective, unless otherwise expressly provided.

(B) No suit, proceedings, right, fine, forfeiture, or penalty instituted, created, given, secured, or accrued under any ordinance previous to its repeal shall in any way be affected, released, or discharged, but may be prosecuted, enjoyed, and recovered as fully as if the ordinance had continued in force unless it is otherwise expressly provided.

(C) When any ordinance repealing a former ordinance, clause, or provision shall be itself repealed, the repeal shall not be construed to revive the former ordinance, clause, or provision, unless it is expressly provided. (Ord. 2008-009, passed 10-13-08)

(A) If the legislative body shall desire to amend any existing chapter or section of this code, the chapter or section shall be specifically repealed and a new chapter or section, containing the desired amendment, substituted in its place. (B) Any ordinance which is proposed to add to the existing code a new chapter or section shall indicate, with reference to the arrangement of this code, the proper number of such chapter or section. In addition to such indication thereof as may appear in the text of the proposed ordinance, a caption or title shall be shown in concise form above the ordinance.

(Ord. 2008-009, passed 10-13-08)

(A) As histories for the code sections, the specific number and passage date of the original ordinance, and the most recent three amending ordinances, if any, are listed following the text of the code section. Example: (Ord. 10, passed 5-13-60; Am. Ord. 15, passed 1-1-70; Am. Ord. 20, passed 1-1-80; Am. Ord. 25, passed 1-1-85)

(B) (1) If a statutory cite is included in the history, this indicates that the text of the section reads substantially the same as the statute.

Example: (Cal. Penal Code § 1212) (Ord. 10, passed 1-17-80; Am. Ord. 20, passed 1-1-85).

(2) If a statutory cite is set forth as a "statutory reference" following the text of the section, this indicates that the reader should refer to that statute for further information. Example:

This city shall make available to any person for inspection or copying

all public records, unless otherwise exempted by state law.

Statutory reference:

For provisions concerning the inspection of public records, see

Cal. Gov't Code §§6250 et seq.

(C) If a section of this code is derived from the previous Code of Ordinances of the city published in 1967 and subsequently amended, the 1967 code section number shall be indicated in the history by "('67 Code, §__)." (Ord. 2008-009, passed 10-13-08)

(A) Whenever a notice is required to be given under this code, unless different provisions are otherwise specifically made in the code, 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 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 Postal Service.

(B) 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 affidavit shows service in conformity with this code or other provisions of law applicable to the subject matter concerned.

(Ord. 2008-009, passed 10-13-08)

(A) Not less than three copies of this code shall be filed for use and examination by the public in the office of the City Clerk. At least three additional copies, duly certified by the City Clerk, shall be maintained on file in his office as the official copies of the code. Additional copies of the code shall be distributed to the departments and divisions of the city as shall be prescribed by the City Manager.

(B) Upon the adoption of any amendment or addition to this code, or upon the repeal of any of its provisions, the City Clerk shall certify thereto and shall make an appropriate notation in the official volumes of this code of the taking of such action, noting the number and date of the ordinance pursuant to which such action is taken.

(C) Duly certified copies of each ordinance making changes in the code shall be filed in the office of the City Clerk in books for such purpose, duly indexed for ready reference.

(D) Annually, the City Clerk shall cause the loose leaf pages of this code in which changes have been made to be reproduced, including the notation as to the ordinance number and date pursuant to which such change is adopted, and distributed in order that the loose leaf copies of the 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. 2008-009, passed 10-13-08)

(A) Prohibited acts. Whenever in this code any act or omission is made unlawful, it shall include causing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission.

(B) Imposition of penalty. The provisions of this code which declare certain crimes to be punishable as therein mentioned devolve a duty upon the court authorized to pass sentence to determine and impose the punishment described.

(C) Determination of punishment. Whenever in this code the punishment for a crime is left undetermined between certain limits, the punishment to be inflicted in a particular case shall be determined by the court authorized to pass sentence, within such limits as may be prescribed by this code.

(Ord. 2008-009, passed 10-13-08)

Every person found guilty of violating any of the provisions of this code and sentenced to imprisonment shall be imprisoned in the County Jail or other authorized facility.

(Ord. 2008-009, passed 10-13-08)

No provision of this city code designating the duties of any officer or employee shall be so construed as to make such officer or employee liable for any fine or penalty provided for a failure to perform such duty, unless the intention of the Council to impose such fine or penalty on such officer or employee is specifically and clearly expressed in the section creating the duty.

('67 Code, § 1-4-4) (Ord. 76-4, passed 1-9-76; Am. Ord. 2008-009, passed 10-13-08)

It shall be the duty of the City Manager, the Building Inspector, the Community Development Director, the Director of Public Works, the Community Service Officer, and all members of the Riverbank Police Services Division to enforce the provisions of this code. Each of the public officers is authorized, pursuant to Cal. Penal Code § 836.5, to arrest violators of this code without a warrant whenever the public officers have reasonable cause to believe that the person to be arrested has committed a misdemeanor, which is a violation of this code in the presence of such public officers.

('67 Code, § 1-4-5) (Ord. 83-6, passed 7-25-83; Am. Ord. 85-08, passed 7-22-85; Am. Ord. 88-12, passed 10-10-88; Am. Ord. 2008-009, passed 10-13-08)

CITATION PROCEDURE

If any person shall be arrested for the violation of any provision of this code or any other law of the city, and such person is not taken before a judicial officer as prescribed in the California 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.

(Ord. 2008-009, passed 10-13-08)

Statutory reference:

Similar provisions, see Cal. Penal Code § 853.6(a)

Any person willfully violating his written promise to appear in court shall be guilty of a misdemeanor regardless of the disposition of the charge upon which he was originally arrested.

(Ord. 2008-009, passed 10-13-08)

Statutory reference:

Similar provisions, see Cal. Penal Code § 853.7

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 the Cal. Penal Code § 853.6, the judicial officer shall issue and have delivered for execution a warrant for such person's arrest within 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 20 days after the delivery of such written promise to appear by the officer to a magistrate having jurisdiction over the offense.

(Ord. 2008-009, passed 10-13-08)

Statutory reference:

Similar provisions, see Cal. Penal Code § 853.8

(A) It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this code or the provisions of any code adopted by reference by this code. Any person violating any of such provisions or failing to comply with any of the requirements of this code shall be guilty of an infraction unless by the provisions of this code a violation is declared to be a misdemeanor. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provisions of this code or of a city ordinance is committed, continued, or permitted by such person and shall be punished accordingly.

(B) Unless otherwise specifically provided in this code, any person convicted of a misdemeanor under the provisions of this code shall be punished by a fine of not more than $1,000 or by imprisonment in the City Jail or County Jail for a period not exceeding six months, or by both such fine and imprisonment.

(C) Unless otherwise specifically provided in this code, or by Cal. Veh. Code § 42002, every person convicted of an infraction shall be punished upon a first conviction by a fine not exceeding $100, and for a second conviction within a period of one year by a fine not exceeding $200, and for a third or any subsequent conviction within a period of one year by a fine not exceeding $500.

(Ord. 2008-009, passed 10-13-08)

Statutory reference:

Penalties for misdemeanor violations, see Cal. Penal Code § 19

Penalties for infractions, see Cal. Gov't Code §§ 36900 and 36901

Imprisonment, see Cal. Gov't Code §§ 36903 and 36904

CHAPTER 30: CITY COUNCIL

Meetings of the Council shall be held in the building known as the "City Hall," located on the northwest corner of the intersection of Third Street and Santa Fe Street, and all regular meetings shall be held at such times as the Council shall fix by resolution, provided, however, that in the event the Council Chambers of the City Hall cannot be used temporarily as a meeting place for the City Council or in the event that attendance is expected to exceed the capacity of the Council Chamber, then and in that event City Council meetings shall be held in the Community Center, located at 3600 Santa Fe Street, Riverbank, California. Notice that the City Council meetings are being held temporarily in the Community Center shall be given by posting a notice to that effect on or near the Council Chambers door prior to the meetings. The City Council may hold additional meetings as it may deem necessary at any other place authorized by law.

(`67 Code, §1-6-1) (Ord. 77-16, passed 8-8-77; Am. Ord. 2008-010, passed 10-13-08)

(A) Purpose. This section is enacted pursuant to Cal. Gov't Code § 36516, authorizing the Council to provide by ordinance that each member of the Council shall receive a prescribed salary.

(B) Salaries. Commencing on the operative date of this section members of the Council of the city shall receive, as salary, the sum of $900 per month and the Mayor $950 per month, as prescribed in Cal. Gov't Code § 36516 for cities up to and including 35,000 in population, which shall be payable from and after the operative date in this section at the same time and in the same manner as the salaries are paid to other officers and employees of the city.

(C) Change in compensation. Any change in compensation may only be made effective whenever one or more members of the City Council begins a new term of office.

(D) Reimbursement. The salaries prescribed herein are and shall be exclusive of any amounts payable to each member of the Council of reimbursement for actual and necessary expenses incurred by him in the performance of official duties for the city.

(`67 Code, § 1-6-2) (Ord. 86-01, passed 1-27-86; Am. Ord. 2004-11, passed 12-13-04; Am. Ord. 2008-010, passed 1013-08; Am. Ord. 2024- 002, passed 1-23-24)

(A) Method of election of the members of the City Council. The elective officers of the city shall be a Mayor and four Council members. The Council shall consist of the Mayor and four Council members, each of whom, including the Mayor, shall have the right to vote on all questions coming before the Council.

(1) Council members. Each member of the Council shall serve a four year term until his or her successor is elected and qualified. Members of the Council shall be elected “by-district” and each district shall elect one Council member. Only voters who live in a district shall be eligible to vote in the election for Council member of that district. Except as provided in division (B)(2) of this section, the Council member elected to represent a district must reside in that district and be a registered voter in that district, and any candidate for the Council must live in, and be a registered voter in, the district in which he or she seeks election. Termination of residency in a district by a Council member shall create an immediate vacancy for that Council district unless a substitute residence within the district is established within 30 days of the termination of residency.

(2) Mayor. The term of office of the Mayor shall be four years until his or her successor is elected and qualified. The Mayor shall be elected by the voters of the city at-large at each general municipal election, or as otherwise provided by law. The Mayor shall be a resident of the city. The Mayor in office at the time this section takes effect shall continue in office until the expiration of the full term to which he or she was elected and until his or her successor is elected and qualified.

(B) Establishment of Council member districts. Beginning with the general municipal election in November 2016, members of the Council shall be elected on a "by-district" basis from four Council member districts.

(1) Boundaries and numbering of each district.

(a) Each Council member district shall be assigned a district number, with districts numbered one through four. The boundaries and the number of each of the four electoral districts for the Council are set forth by City Council resolution, including a map of the districts, which is incorporated herein by reference. The electoral districts may be subsequently reapportioned as provided by state law. The Council members of the two even-numbered districts shall be elected by-district in November 2016 for a term of four years.

(b) The Council members of the two odd-numbered districts shall be elected by-district in November 2018 for a term of four years. After the adoption of this section all persons appointed to fill vacancies on the Council and all persons elected to fill vacancies on the Council at a special municipal election shall reside within the district to which they are appointed or elected.

(2) Technical changes to Council districts. If necessary to facilitate the implementation of this section, the City Clerk is authorized to make technical adjustments to the district boundaries that do not substantively affect the populations in the districts, the eligibility of candidates, or the residence of elected officials within any district. The City Clerk shall advise the Council of any such adjustments that are found to be required in the implementation of the district.

(3) Amendment of district boundaries. Pursuant to Cal. Elections Code § 21601, as it may be amended, the Council shall adjust the boundaries of any or all of the districts following each decennial federal census. Using the census as a basis, the Council shall adjust the boundaries so that the districts shall be as nearly equal in population as practicable and in compliance with all applicable provisions of law. Any adjustment of district boundaries shall be made by resolution adopted by the Council before the first day of November of the year following the year in which each decennial federal census is taken. Prior to the public hearing approving the adjustment of the district boundaries, the City Council shall hold a public hearing on the proposed district boundaries as required by Cal. Elections Code § 21601.

(4) Transition period. A period of transition from at-large elections to by-district elections will occur from the time of adoption of the first districting plan to the time that the by-district elections are held for all Council member districts. During this period of transition, each Council member elected at-large in the regular municipal election of November 2014 will be designated by the Council as the Council member representing one of Districts One and Three in the districting plan whether or not that Council member resides in the district. The first by-district elections for Districts Two and Four shall occur during the regular municipal election in November 2016. The first by-district elections for Districts One and Three shall occur during the regular municipal election In November 2018, Nothing contained herein shall prevent an incumbent Council member at the time of the effective date of this section from running for a Council district in which that Council member resides other than the district for which that member currently holds office, if the Council member is otherwise eligible to run in that district and vacates the office of Council member for the district of non-residency if elected. No Council member may hold office in more than one district. Each incumbent Council member elected at-large shall be allowed to complete the term for which they were elected regardless of the district of residency so long as they otherwise remain eligible to hold the office and have not been removed for cause or elected to another office.

(Ord. 2015-019, passed 12-8-15)