San Fernando Municipal Code Art. I General Provisions

Footnotes:

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Editor's note— Ord. No. 1537, § 3, adopted Oct. 21, 2002, repealed former §§ 1-10—1-12 and § 5 enacted new sections 1-30—1-32. Section 6 of said ordinance states: "All references in the San Fernando City Code to former Sections 1-10, 1-11 and 1-12 shall be deemed references to new Sections 1-30, 1-31 and 1-32, respectively."

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

(Code 1957, § 1.1)

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 term "the city" or "this city" shall be construed as if followed by the phrase "of San Fernando."

Code. The term "the Code" or "this Code" shall mean the Code of the City of San Fernando, 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.

State Law reference— Similar provisions, Government Code § 6800.

Council. Whenever the term "council" is used, it shall be construed to mean the city council of the City of San Fernando.

County. The term "the county" or "this county" shall mean the County of Los Angeles.

Day. A day is the period of time between 12:00 midnight and the 12:00 midnight following.

State Law reference— Similar provisions, Government Code § 6806.

Daytime, nighttime. The term "daytime" means the period of time between sunrise and sunset. The term "nighttime" means the period of time between sunset and sunrise.

State Law reference— Similar provisions, Government Code § 6807.

Gender. The masculine gender includes the feminine and neuter.

State Law reference— Similar provisions, Government Code § 12.

In the city. The term "in the city" shall mean and include all territory over which the city has or over which it shall acquire 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.

State Law reference— Similar provisions, Civil Code § 12.

Month. The term "month" shall mean a calendar month.

State Law reference— Similar provisions, Government Code § 6804.

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

State Law reference— Similar provisions, Government Code § 13.

Oath. The term "oath" includes an affirmation.

State Law reference— Similar provisions, Government Code § 15.

Officers, employees, departments, boards, commissions or agencies. Whenever the title of an officer, employee, department, board, commission or agency is given, it shall be construed to refer to an officer, employee, department, board, commission or agency of the City of San Fernando, California.

Or, and. The term "or" may be read "and," and the term "and" may be read "or," if the sense requires it.

Owner. The term "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 the entirety of the whole or of a part of such building or land.

Person. The term "person" includes any person, firm, association, organization, partnership, business trust, corporation or company.

State Law reference— Similar provisions, Government Code § 17, Civil Procedure Code § 17.

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

State Law reference— Similar provisions, Civil Code §§ 14, 663.

Preceding, following. The terms "preceding" and "following" mean next before and next after, respectively.

Process. The term "process" includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature.

State Law reference— Similar provisions, Government Code § 22.

Property. The term "property" shall include real and personal property.

State Law reference— Similar provisions, Civil Code § 14, Civil Procedure Code § 17.

Real property. The term "real property" shall include lands, tenements and hereditaments.

State Law reference— Similar provisions, Civil Code §§ 14, 658.

Shall, may. The term "shall" is mandatory, and the term "may" is permissive.

State Law reference— Similar provisions, Government Code § 14.

Signature or subscription by mark. The term "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.

State Law reference— Similar provisions, Government Code § 16.

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

Tenant or occupant. The term "tenant" or "occupant," applied to a building or land, shall include 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.

Tense. The present tense includes the past and future tenses, and the future tense includes the present.

State Law reference— Similar provisions, Government Code § 11.

Week. A week consists of seven consecutive days.

State Law reference— Similar provisions, Government Code § 6805.

Writing. The term "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.

State Law reference— Similar provisions, Government Code § 8.

Year. The term "year" shall mean a calendar year, except where otherwise provided.

State Law reference— Similar provisions, Government Code § 6803.

(Code 1957, § 1.2)

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.

(Code 1957, § 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.

(Code 1957, § 1.4)

The repeal provided for in the ordinance adopting this Code shall not affect any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of such Code. If any penalty, forfeiture or punishment is mitigated by any provision of a new ordinance, such provision may, by consent of the party affected, be applied to any judgment announced after the new ordinance takes effect.

It is hereby 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 a court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code.

(Code 1957, § 1.5)

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.

(Code 1957, § 1.6)

The catchlines of the several sections and subsections of this Code, printed in boldface or italic type, and the chapter, article, division and subdivision headings are intended as mere catchwords to indicate the contents of the section, subsection, chapter, article, division or subdivision and shall not be deemed or taken to be a title or a substantive portion of any such section, subsection, chapter, article, division or subdivision, nor, unless expressly so provided, shall they be so deemed when any of such sections, subsections, chapters, articles, divisions or subdivisions, including the catchlines or headings, are amended or reenacted.

(Code 1957, § 1.7)

The history notes appearing in parentheses after each section and the editor's notes and state law and cross reference notes throughout the Code are for the benefit of the user of the Code and shall not be considered as part of the text of the Code.

Editor's note— Ord. No. 1537, § 3, adopted Oct. 21, 2002, repealed §§ 1-10—1-12, which pertained to general penalty and infractions, mandatory appearance in certain situations, and citation for infractions, and derived from Code 1957, §§ 1.8, 1.8.1, and 1.8.2, respectively. See the editor's note to art. I for further information.

(a) Definitions.

City seal means the official seal of the City of San Fernando as adopted by Ordinance No. 2. The common seal of the City of San Fernando described as consisting of a circular disc, 1⅞ inches in diameter, having a design cut thereon showing the San Fernando Mission with a rising sun, surrounded by the words "City of San Fernando, California, Incorporated Aug. 31, 1911." The city seal is depicted in color and in monochrome as follows:

[Figure]

[Figure]

City logo means an illustrative logo depicting the city seal in monochrome with the words "The City of San Fernando" overlay on top and with the letters "D" and "O" in the word "Fernando" interlocking.

[Figure]

[Figure]

City insignia means in addition to the city seal and city logo as designated by the city council, any other logos, website banners, letterhead, business cards, or emblems depicting or including the City of San Fernando, as approved by the city manager.

(b) Use of city seal, city logo and city insignia.

(1) The city clerk or designee, acting as the custodian of the city seal, city logo and any city insignia, is authorized to use or affix the city seal, city logo and any city insignia to all certificates and documents as may be required by law, by this Municipal Code, or by city ordinance or resolution, to authenticate official city documents or to indicate institutional sanction for official, legal and ceremonial purposes.

(2) The city seal, city logo and any city insignia shall only be used for purposes directly connected with the official business of the City of San Fernando, its city council, boards and commissions, committees, officers or departments or for such other purposes as the city council may specify by policy adopted by resolution.

(3) In the manner specified by city council policy adopted by resolution, city officers, employees, members of the city council and members of city boards, commissions and committees may use stationery, printed materials and other articles with the city seal, city logo or city insignia while acting within the scope of their office or employment.

(4) The city council retains the right to create variations of the city seal and city logo, and to adopt and establish other official city seals and city logos. Such variations may include, but are not limited to, centennial or other seals or logos which mark anniversaries, events, and/or any other city occasion the city council wishes to commemorate. The city seal and city logo may only be altered pursuant to ordinance or resolution of the city council.

(5) The city manager or designee is authorized to determine the appropriate use of city insignia. The city manager shall not approve any use of the city insignia in such a manner as to suggest city endorsement of events, political issues, products, and other uses that are prohibited by law, or in a discriminatory manner or manner inconsistent with this chapter.

(c) Prohibited uses of city seal, city logo and city insignia.

(1) It is unlawful for any person or entity to make use of the city seal, city logo, and/or city insignia or any portion, facsimile, mock-up, or reproduction thereof, or make or use of any design, symbol, emblem, insignia or similar device that is an imitation of said city seal, city logo, or city insignia, or that may be mistaken therefor, that is designed, intended or likely to confuse, deceive or mislead the public, for private or commercial purposes or for any purpose other than the official business of the city without the express written consent of the city council or as otherwise authorized by any policies and procedures adopted by city council resolution.

(2) No person, firm, association, or corporation shall use the city seal, city logo, and/or city insignia, or any facsimile thereof for purposes of supporting or opposing the nomination or election to any city or other public office of him or herself or any other person, or for purposes of supporting or opposing any ballot measure, nor include such city seal, city logo, and/or city insignia on any writing distributed for purposes of influencing the action of the electorate, or any part thereof, in any election. This section shall not be applicable to writings issued by the City of San Fernando or the city council as a whole pursuant to law.

(3) Unauthorized use of the city seal, city logo, and/or city insignia for commercial, malicious, deceptive, fraudulent, or other unauthorized purposes without the express written authorization of the City of San Fernando is declared to be a public nuisance and the city can abate or enjoin such use pursuant to this Municipal Code.

(d) Penalties. Violation of this section shall be an infraction or misdemeanor and punishable by a fine not exceeding $1,000.00, or imprisonment for a term not exceeding six months, or by both such fine and imprisonment. Nothing herein prevents the city from using any other available civil and/or criminal remedies allowed by law to protect the city seal, city logo, and city insignia from improper or illegal use.

(Ord. No. 1724, § 3, 4-2-2024)

Editor's note— Ord. No. 1724, § 3, adopted April 2, 2024, repealed the former § 1-13 and enacted a new § 1-13 as set out herein. The former § 1-13 pertained to description of city seal and derived from Code 1957, § 1.9.

Editor's note— Ord. No. 1724, § 2, adopted April 2, 2024, repealed § 1-14, which pertained to custodian of city seal and derived from Code 1957, § 1.10.

The sea level of the Pacific Ocean is declared to be the datum plane or baseline of the city for the purpose of designating the official grades of the streets, alleys, places, avenues, sidewalks, sewers and any other public work for the city and for measuring all elevations and surface points thereto.

(Code 1957, § 1.11)

The official benchmark or datum monument within the city shall be the United States Geological Survey benchmark located at the southwest corner of Brand Boulevard and San Fernando Road. This datum monument is elevated 1066.665 feet above the level of the Pacific Ocean, which is the city datum plane.

(Code 1957, § 1.12)

When any decision made after an adjudicatory administrative hearing suspending, demoting, or dismissing an officer or employee; revoking or denying an application for a permit or a license; or denying an application for any retirement benefit or allowance is final, notice of the decision shall be mailed to the party affected by it at his last known address and shall advise the party that the time within which judicial review may be sought is governed by Civil Procedure Code § 1094.6.

(Code 1957, § 1.13)

Nothing in this Code or the ordinance adopting this Code shall affect any of the following:

(1) Any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before the adoption of this Code.

(2) Any ordinance or resolution promising or guaranteeing the payment of money for the city or authorizing the issuance of any bonds of the city or any evidence of the city's indebtedness, or any contract or obligation assumed by the city.

(3) The administrative ordinances or resolutions of the city not in conflict or inconsistent with the provisions of this Code.

(4) Any right or franchise conferred by ordinance or resolution of the city on any person or corporation.

(5) Any ordinance rezoning specific property.

(6) Any ordinance levying or relating to taxes not inconsistent with this Code.

(7) Any ordinance relating to compensation of city officers and employees.

(8) Any ordinance naming, renaming, opening or closing streets or establishing the grades thereof.

(9) Any prosecution, suit or proceeding pending or any judgment rendered on or prior to the date of adoption of this Code.

(10) Any ordinance passed after the date of adoption of the last ordinance included in this Code prior to its adoption.

(11) Sections 25.10 through 25.51 of the 1957 Code, relating to a sales tax, as amended.