Sacramento Municipal Code Ch. 1.04 General Provisions

The ordinances embraced in the following titles and sections shall constitute and be designated "The Code of the City of Sacramento, California," and may be so cited. Such code may also be cited as the "Sacramento City Code." (Prior code § 1.01.010)

The following words and phrases, when used in this code and in all ordinances of the city, shall have the following meanings, unless the meaning would be inconsistent with the manifest intent of the city council or the context clearly requires otherwise:

"Agency" means an agency of the city of Sacramento.

"Board" means a board of the city of Sacramento.

"Charter" means the Charter of the city of Sacramento.

"City," "the city," or "this city" means the City of Sacramento.

"Code," "the code," or "this code" means the code of the City of Sacramento, California, also known as the Sacramento City Code.

"Commission" means a commission of the city of Sacramento.

"Council" or "city council" means the city council of the city of Sacramento.

"County," "the county," or "this county" means the county of Sacramento of this state.

"Day" means the period of time between any midnight and the midnight following.

"Daytime" means the period of time between sunrise and sunset.

"Department" means a department of the city of Sacramento.

"Employee" means an employee of the city of Sacramento.

"Following" means next after.

"Health department" means the health department of the county of Sacramento.

"Health officer" means the health authority of the county of Sacramento.

"In the city" means and includes all territory over which the city has, or shall hereafter acquire, jurisdiction for the exercise of its police powers or other regulatory powers.

"Month" means a calendar month.

"Nighttime" means the period of time between sunset and sunrise.

"Oath" includes affirmation.

"Occupant," applied to a building or land, includes 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.

"Officer" means an officer of the city of Sacramento.

"Owner," applied to a building or land, includes 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" includes any person, firm, association, organization, partnership, business trust, corporation or company.

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

"Preceding" means next before.

"Process" includes a writ or summons issued in the course of civil or criminal judicial proceedings.

"Property" includes real and personal property.

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

"Signature" 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," "the state," or "this state" shall be construed to mean the state of California.

"Subscription" shall have the same meaning as "signature," as defined above.

"Tenant," applied to a building or land, shall have the same meaning as "occupant," as defined above.

"Week" means seven consecutive days.

"Writing" includes any form of a 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.

"Year" means a calendar year. (Ord. 2014-0021 § 1; prior code § 1.01.020)

In the construction and interpretation of this code and of all ordinances of the city, the following rules shall be observed, unless the rules would be inconsistent with the manifest intent of the city council or the context clearly requires otherwise:

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

B. Citation to Law. A citation to any law, including, but not limited to, a constitutional provision, statute, charter, code, rule, or regulation, shall be construed to refer to that law as it exists at the time the citation is adopted and as it is thereafter amended or renumbered.

C. 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.

D. Gender. Any gender includes the other gender.

E. 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.

F. "May" and "Shall." "May" is permissive and "shall" is mandatory.

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

H. Official Time. Whenever certain hours are named herein, they shall mean Pacific Standard Time or Daylight Savings Time as may be in current use in the city.

I. Tense. Words used in the present tense include the past and future tense and vice versa.

J. Words and Phrases Not Defined. Words and phrases used in this code and not specifically defined shall be construed according to the context and approved usage of the language. (Ord. 2014-0021 § 2; Ord. 2001-046 § 1)

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. (Prior code § 1.01.030)

The repeal of an ordinance shall not revive any ordinance 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. (Prior code § 1.01.040)

It is 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 any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this code. (Prior code § 1.01.050)

The catchlines of the several sections of this code printed in boldface type 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. (Prior code § 1.01.060)

The following regulations shall govern the use of the flag of the United States within the city:

A. Saluting the Flag. The salute to the flag of the United States is an act of respect towards the sovereign people of the United States, and in rendering the salute the individual honors him or herself as much as he or she honors the nation. During the ceremony of hoisting or lowering the flag at a review, or when the flag is passing at the head of a parade or procession, all persons present shall face the flag, stand at attention and salute it. Those in uniform shall render the righthand salute; those not in uniform shall remove the headdress and hold it at the left shoulder and women shall salute by placing the right hand over the heart.

B. Display on Public Buildings. The flag of the United States shall be regularly displayed on the administration buildings of all public institutions in this city.

C. Hours of Display. The flag of the United States shall be publicly displayed only in daylight, between the hours of sunrise and sunset, being hoisted to the masthead briskly and lowered slowly. Flags displayed as a part of the decoration of the city, attached to ropes, wires or cables over the streets, may be allowed to remain out overnight when it is difficult to take them in, or the display is intended to remain intact for several days.

D. Carrying in Processions. When carried in processions, the flag of the United States shall occupy the place of honor at the marching head of the parade with all other flags aligned across the line of march behind it, or on the right of the marching head of the parade with all other flags aligned to its left, as it advances.

E. Display from Crossed Staffs. When displayed with another flag from crossed staffs placed against a wall, the flag of the United States shall be on its own right (the observer's left) and its staff shall be in front of the staff of the other flag.

F. Display in Clusters. Where the flag of the United States is displayed in a cluster of other flags, as of nations, states, cities or societies, from their staffs, it shall occupy the post of honor at the center or the highest point of the group.

G. Display with Another Flag on Some Halyard. When flown from the same halyard with any other flag or pennant, the flag of the United States shall always be at the peak, except that the "church pennant" may be flown over the flag during the time of a religious ceremony, when the use of the flag may be fitting and proper.

H. Display with Flag of Foreign Nation. International usage forbids the display of one national flag above another in time of peace. Where flags of other nations are displayed from staffs with the flag of the United States, they shall be of equal size, if possible. The staffs shall be of equal height, and the American flag shall be at the right of the display (the observer's left). The American flag is hoisted first and lowered last in token of the sovereignty of the United States.

In all places where the flags of foreign nations are displayed in this city, the flag of the United States shall be displayed in the place of honor (at the front or on the right).

I. Display from Building. In displaying the flag of the United States from the front of a building on a projecting staff or rope, the union of the flag (blue field with stars) shall be in front, away from the building.

J. Display Over Street. If displayed over the middle of a street, the flag of the United States shall be suspended vertically, with the union in the upper corner towards the east in north and south streets and towards the north in east and west streets. The honor point of the compass is towards the east.

K. Display on Speaker's Platform or Church Chancel. When used on a speaker's platform, or in the chancel of a church, the flag of the United States shall be displayed from a staff at the right of the speaker's table, pulpit or altar, or, if displayed flat, it shall be above and behind the speaker with the union in the upper corner and on the flag's own right (the observer's left).

L. Display Other than from a Staff. If not flown from a staff, the flag of the United States shall be displayed flat with the union uppermost and to the flag's own right (the observer's left). It shall not be looped, festooned, drawn into festoons, used as a curtain or drapery, or otherwise treated as a mere article of decoration. Bunting, alone, is proper for decorative purposes.

M. Display in Public Meetings. When displayed in the body of a church or other meeting place, the flag of the United States shall be flown from a staff in the position of honor at the right and in front of the congregation or audience. Other flags shall be at the left.

N. Draping Caskets. When, at a funeral, the flag of the United States is used to drape a casket, the union is placed over the left shoulder. It shall not be lowered into the grave, nor be allowed to touch the ground.

O. Display at Half-Mast. Whenever the flag of the United States is required to be flown at half-mast, it shall be first hoisted to the peak and then lowered to the half-staff position, and before lowering the flag for the day, it shall be hoisted to the peak from the half-mast for a moment and then lowered.

P. Display on Memorial Day. On the 30th day of May, Memorial Day, the flag of the United States shall be displayed at half-mast from sunrise until noon, and at full-mast from noon until sunset.

Q. Use of Crepe with Flag. The use of crepe in connection with the flag of the United States is prohibited, except at such times as it is ordered by the president of the United States.

R. Use in Connection with Advertising. The flag of the United States shall not be used in any form of advertisement; neither shall any representation of the flag be used in or on any advertisement. Advertisements shall not be placed upon the flag of the United States, nor upon its staff.

S. Wearing as Costume or Uniform. The flag of the United States shall not be worn as a portion of a costume or uniform.

T. Display on Vehicles or Floats. The flag of the United States shall not be displayed on a float in a parade or upon any kind of vehicle, except from the staff securely attached to such vehicle or float.

U. Dipping in Homage. The flag of the United States is never dipped in homage to any person or thing. If honors are to be done, they shall be done by other flags and banners.

V. Permanent Fastenings. The flag of the United States shall not be permanently fastened, as by tacks, nails, etc., to any staff or other object, except that very small, cheap flags used for decoration purposes only may be so fastened.

W. Desecrating Flag-Destroying Old Flag. The flag of the United States is not to be allowed to touch the ground. No person shall mutilate the flag or do any act of disrespect or desecration towards it; and if any flag gets in such condition that it is not fit to be publicly displayed, it shall be privately burned, or destroyed by some other method in harmony with the respect we owe to the emblem of our country, and entirely without ceremony. (Prior code § 1.01.130)

The camellia is designated as the official flower of the city. (Prior code § 1.01.150)

A. Whenever a notice and order is required to be given under this code for enforcement purposes, the notice and order shall be served by any of the following methods unless different provisions are otherwise specifically stated to apply:

1. Personal service; or

2. Posting the notice and order conspicuously on or in front of the property, and simultaneously mailing the notice and order by both certified mail, return receipt requested, and first class mail. If a notice and order that is sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to first-class mail, provided the notice and order sent by first-class mail is not returned. Service by certified or regular mail shall be deemed effective on the date of mailing; or

3. If service cannot be effected as set forth in subsections (A)(1) and (A)(2) of this section, service may be made by publication in the official newspaper of the city in conformance with Government Code Section 6063.

B. Proof of service of the notice and order shall be certified to at the time of service by a written declaration under penalty of perjury executed by the person effecting service, declaring the time, date and manner in which service was made. The declaration, together with any receipt returned in acknowledgment of receipt by certified mail shall be affixed to the copy of the notice and order retained by the department in charge of enforcement.

C. The failure of any person entitled to receive a notice and order shall not affect the validity of any proceedings taken under this code. (Ord. 2006-070 § 1)

A. The following definitions apply to this section:

1. "Electronic record" has the same meaning as in Section 1633.2 of the California Civil Code.

2. "Electronic signature" has the same meaning as in Section 1633.2 of the California Civil Code.

3. "Digital signature" has the same meaning as in Section 16.5 of the California Government Code.

4. "UETA" means the Uniform Electronic Transactions Act, commencing at Section 1633.1 of the California Civil Code.

B. In any transaction or communication with the city for which the parties have agreed to conduct the transaction or communication by electronic means, the following provisions apply:

1. When a record is required to be in writing, an electronic record satisfies that requirement, if it is in accordance with the UETA.

2. When a signature is required, the parties may agree that either:

a. An electronic signature satisfies that requirement, if it is in accordance with the UETA; or

b. A digital signature satisfies that requirement, if it is in accordance with Section 16.5 of the California Government Code.

C. This section is intended to enable the city to use electronic records, electronic signatures, and digital signatures to the fullest extent allowed by law, and does not limit the city's ability to use electronic records, electronic signatures, or digital signatures in any way. (Ord. 2015-0034 § 1)