Salinas Municipal Code Art. 1 General Provisions

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

(Ord. No. 2586(NCS), § 1, 2-7-2017)

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 following by the words "of Salinas."

Code. The words "the Code" or "this Code" shall mean "The Code of Salinas, 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, city council. Whenever the words "council" or "city council" are used, they shall be construed to mean the city council of Salinas, California.

County. The words "the county" or "this county" shall mean the county of Monterey of the state of California.

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.

In the city. The words "in the city" shall mean and include all territory over which the city now has, or shall hereafter acquire, the jurisdiction for the exercise of its police powers or other regulatory 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 the singular.

Oath. "Oath" includes affirmation.

Officer, office, employee, board, commission or department. Whenever any officer, office, employee, board, commission or department is referred to it shall mean an officer, office, employee, board, commission, or department of the city unless the context clearly requires otherwise.

Official time. Whenever certain hours are named herein, they shall mean Pacific Standard Time or Daylight Saving Time, whichever 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 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.

Personal property includes every type 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. The word "property" shall include real and personal property.

Real property shall include lands, tenements, and hereditaments.

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

Signature or subscription. "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. "Signature" also includes an electronic version of an individual's signature or mark.

State. The words "the state" or "this state" shall be construed to mean the state of California.

Tenant or occupant. The word "tenant" or "occupant," applied to a building or land, shall include any person holding a written or oral lease or, 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, 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. The word "year" shall mean a calendar year, except where otherwise provided.

(Ord. No. 2586(NCS), § 1, 2-7-2017)

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.

(Ord. No. 2586(NCS), § 1, 2-7-2017)

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.

(Ord. No. 2586(NCS), § 1, 2-7-2017)

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, not 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.

(Ord. No. 2586(NCS), § 1, 2-7-2017)

It is hereby declared to be the intention of the 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, and sections of this Code.

(Ord. No. 2586(NCS), § 1, 2-7-2017)

Whenever the word "shall," "must," or other words of similar mandatory nature are used in this Code or in any other ordinance or resolution of the city or in any rule or regulation of any nature or promulgated by any duly authorized officer, employee, or agent of the city, to establish a responsibility or duty of the city, its elected or appointed officers, employees, or agents, it is the legislative intent that such words establish a discretionary responsibility or duty requiring the exercise or judgment and discretion. Neither the enactment of any such ordinance, resolution, rule, or regulation or the enforcement, nonenforcement thereof, or otherwise, shall impose a liability upon the city, its officers, employees, or agents not otherwise imposed by law.

(Ord. No. 2586(NCS), § 1, 2-7-2017)

Whenever in this Code or in any other ordinance of the city or in any order, rule, or regulation issued or promulgated by any duly authorized officer or agent of the city, any act is prohibited or is made or declared to be unlawful or an offense, or the failure to do any act is declared to be unlawful or an offense, the violation of any such provision of the Code or any other ordinance of the city or any such order, rule, or regulation shall be a misdemeanor or an infraction. Any violation constituting a misdemeanor under this code may, in the discretion of the prosecuting attorney, be charged and prosecuted as an infraction. Continued violations constituting an infraction under this code may, in the discretion of the prosecuting attorney, be charged as misdemeanors. Continued violations shall be 3 or more violations of the same code section within a six month period.

Whenever in this Code or in any other ordinance of the city or in any order, rule or regulation issued or promulgated by any duly authorized officer or agent of the city, any act or the failure to do any act is made or declared to be a misdemeanor, where no specific penalty is provided therefor, the violation of any such provision shall be punishable by a fine not exceeding one thousand dollars or imprisonment for a term not exceeding six months, or by both such fine and imprisonment.

Whenever in this Code or in any other ordinance of the city or in any order, rule or regulation issued or promulgated by any duly authorized officer or agent of the city, any act or failure to do any act is made or declared to be an infraction, where no specific penalty is provided therefor, the violation thereof shall be punished upon conviction by a fine not exceeding five hundred dollars.

Any offense which would otherwise be an infraction is a misdemeanor if a defendant has previously been convicted thereof three times or more, and such prior convictions are admitted by the defendant or alleged in the accusatory pleading. For this purpose, a bail forfeiture shall be deemed to be a conviction of the offense charged.

Every day any violation of this Code or any other ordinance of the city or any such order, rule or regulation continues to occur shall constitute a separate offense, except as otherwise specifically provided.

(Ord. No. 2586(NCS), § 1, 2-7-2017; Ord. No. 2637(NCS), § 1, 9-1-2020)

Whenever in this Code, or in any other ordinance of the city, or in any order, rule, or regulation issued by any duly authorized agent of the city, such ordinance, order, rule or regulation requires advance written notice of the ordinance, order, rule, or regulation to be posted, signed, marked, or otherwise given, the service of written notice on the violator shall constitute adequate notice for any like violation occurring subsequent to service of the written notice.

(Ord. No. 2586(NCS), § 1, 2-7-2017)

If any person is arrested for a violation of any provision of this Code or other ordinance and such person is not immediately taken before a judge or 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 when and where such person shall appear in court.

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

(Ord. No. 2586(NCS), § 1, 2-7-2017)

(a) In addition to the penalties provided for in this chapter, any violation of this Code or city ordinance may be redressed by civil action. Any condition existing in violation of this Code or a city ordinance or any order, rule or regulation issued or promulgated by any duly authorized officer or agent of the city, is deemed to be a public nuisance.

(b) The city attorney may bring civil suit or other action to enforce any ordinance or section of this Code, to enjoin or prevent any violation of any ordinance, or to abate any public nuisance as defined or declared by this Code.

(c) This remedy by civil action to enforce any ordinance this Code is in addition to any other remedies available under ordinance, city code, or statute and does not replace or support any other remedy but is cumulative thereto.

(Ord. No. 2586(NCS), § 1, 2-7-2017)

Any person against whom such civil action is filed shall be liable for the costs thereof, which shall include but not be limited to the costs of investigation, court costs, attorney's fees, and costs of monitoring compliance.

(Ord. No. 2586(NCS), § 1, 2-7-2017)

If any person causes, suffers or permits a public nuisance to continue after written notice is given to such person by the city, directing such person to cease the nuisance, and such continuation goes beyond the time set for abatement in the notice, then such person shall be liable to the city for the expenses incurred in detecting, investigating and abating the violations, including attorney's fees and the costs of monitoring compliance. The city may recover such costs by civil action or by billing said person.

(Ord. No. 2586(NCS), § 1, 2-7-2017)

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 state Penal Code, the magistrate shall issue and have delivered for execution a warrant for his arrest within twenty 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 days after the delivery of such written promise to appear by the officer to a magistrate having jurisdiction over the offense.

(Ord. No. 2586(NCS), § 1, 2-7-2017)

The provisions of Section 1094.6 of the California Code of Civil Procedure are applicable to the city.

(Ord. No. 2586(NCS), § 1, 2-7-2017)

The City may: (1) declare that a public nuisance exists whenever any member of the public creates, causes, commits, permits, or maintains any condition or performs or causes to be performed any activity that falls within the scope of the definition of "public nuisance" as set forth in Penal Code section 11225; and (2) commence any action or proceeding pursuant to the California Red Light Abatement Act to abate the public nuisance, to pursue all other remedies against the violator, to seek the imposition of all penalties against the violator and to recover any and all costs from the violator.

(Ord. No. 2675(NCS), § 2, 1-9-2024)