Sacramento County Municipal Code Ch. 1.01 Code Adoption

Note: For statutory provisions authorizing counties to codify their ordinances and/or resolutions, see Gov. C. § 25126 et seq.

This code, as compiled from the ordinances of the County of Sacramento, is the official code of the County. This code shall take effect at 12:01 a.m., PST, on March 1, 1970, at which time this code shall be applicable and controlling with respect to all subjects included in this code in lieu of all ordinances which are superseded and replaced by this code. Three copies of this code shall be permanently retained on file with the Clerk of the Board of Supervisors for use and examination by the public.

(SCC 1 § 2, 1970)

This code shall be known as the "Sacramento County Code." It shall be sufficient to refer to this code as the "Sacramento County Code" in any prosecution for violation of any provision of this code in any proceeding at law or equity. It shall be sufficient to designate any ordinance adding to, amending, correcting or repealing all or any part of this code as an addition to, amendment to, correction of, or repeal of the "Sacramento County Code." References to this code may be to the titles, chapters, sections and subsections of the "Sacramento County Code" and such reference shall apply to that numbered title, chapter, section or subsection as it appears in this code.

Unless the context otherwise requires, the following words and phrases where used in this code shall have the meaning and construction given in this section:

1. "Board" means the Board of Supervisors of the County of Sacramento;

2. "Code" means the "Sacramento County Code";

3. "County" means the County of Sacramento;

4. "Person" means any natural person, firm, association, joint venture, joint stock company, partnership, club, company, corporation, business trust, or organization of any kind;

5. "State" means the State of California;

6. "Oath" includes affirmation;

7. Gender. The masculine gender includes the feminine and neuter;

8. Number. The singular number includes the plural, and the plural includes the singular;

9. Tenses. The present tense includes the past and future tenses and the future tense includes the present tense;

10. Shall, may. "Shall" is mandatory, "may" is permissive;

11. Title of office. The use of the title of any officer, employee, department, board or commission means that officer, employee, department, board or commission of the County;

12. Owner. "Owner" when pertaining to a building or land includes any part owner, joint owner, tenant in common, or joint tenant of the whole or part of such building or land;

13. Street. "Street" includes all streets, highways, public roads, county roads, avenues, lanes, alleys, courts, places, squares, curbs, sidewalks, parkways, or other public ways in Sacramento County 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;

14. Tenant or Occupant. "Tenant or occupant" when pertaining to a building or land includes any person who occupies the whole or part of such building or land, whether alone or with others;

15. Goods. "Goods" includes wares and merchandise;

16. Operate. "Operate" or "engage in" includes carry on, keep, conduct, maintain, or cause to be kept or maintained;

17. Across. "Across" includes along, in or upon;

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

19. Ex-officio. "Ex-officio" means by virtue of office.

This code consists of all of the regulatory and penal ordinances and certain of the administrative ordinances codified pursuant to Sections 25126 to 25130, inclusive, of the Government Code of the state, except for ordinances relating to zoning, speed zones, the granting of franchises, and certain other ordinances which were not considered appropriate for inclusion in the code.

All general ordinances of Sacramento County not included in this code or excluded from the operation and effect of this section are hereby repealed as of the effective date of this code. The following ordinances or parts thereof are excluded from this repeal and their effect, if any, shall be the same as if this code had not been adopted.

1. Ordinances relating to zoning:

2. Ordinances relating to speed zones:

3. Ordinances granting franchises:

4. Other ordinances:

In addition to the ordinances or parts thereof listed in Section 1.01.040, the following ordinances or parts thereof are excluded from repeal by Section 1.01.040 and their effect shall be the same as if this code had not been adopted:

1. Ordinances relating to zoning: No. 1059; all "z" series ordinances (zoning map changes); and all "PD" series ordinances (planned unit developments);

2. Ordinances relating to speed zones: No. 1060 and 1063;

3. All ordinances adopted subsequent to January 19, 1970.

(SCC 1 § 3, 1970; SCC 3 § 1, 1970)

The provisions of this code, insofar as they are substantially the same as previously existing ordinance provisions relating to the same subject matter, shall be construed as restatements and continuations thereof and not as new enactments.

No actions or proceeding commenced before this code takes effect, and no right accrued, is affected by the provisions of this code, but all procedure thereafter taken shall conform to the provisions of this code so far as possible.

Any rights given by license or certificate under any ordinance repealed by this code are not affected by the enactment of this code or by such repeal; but such rights shall hereafter be exercised according to this code.

All persons who, at the time this code goes into effect, hold office under any of the ordinances repealed by this code, shall continue to hold the same according to the present tenure thereof.

Whenever reference is made to any portion of this code or of any other law of the state, the reference applies to all amendments and additions now or hereafter made.

Whenever, by this code, a power is granted to a public officer or a duty is imposed upon a public officer, the power may be exercised or the duty performed by a deputy of the officer or by a person authorized pursuant to law by the officer.

The provisions of the code shall be liberally construed to obtain its purposes and objects.

Unless the provision or the context otherwise requires, the general provisions, rules of construction, and definitions set forth in this chapter shall govern the construction of this code.

Title, chapter, and section headings do not govern, limit, modify or in any way affect the scope, meaning, or intent of the provisions of any title, chapter or section.

Whenever any notice, report, statement, or record is required by this code, it shall be made in the English language.

If any provision of this code or the application thereof to any person or circumstances, is held invalid, the remainder of the code, or the application of such provisions to other persons or circumstances shall not be affected thereby.

Whenever a certain hour or time of day is specified in this code such hour or time shall be standard time or daylight saving time, whichever is in current use in the County.

No provision of this code shall be construed as imposing upon the County any liability or responsibility for personal injury or property damage resulting from any activity or condition, which arises or exists by virtue of any provision or requirement of this code, including construction, installation, or repair of any facility; equipment or property, or from any defect therein; nor shall the County or any officer or employee thereof be held as assuming any liability or responsibility by reason or any inspection authorized herein.

Except as otherwise provided in this code, all fees collected herein shall be paid into the County Treasury.

Except as otherwise provided, any person who violates any of the provisions of this code, or who fails to comply with any of the regulatory requirements of this code, is guilty of a misdemeanor, and upon conviction may be punished by a fine not in excess of one thousand dollars or by imprisonment in the county jail for not more than six months, or by both. 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.

(SCC 1637 § 1, 2019)