SANGER CITY CODE

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Published in 1993 by Order of the City Council

Republished in 2006 by Order of the City Council

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Adopted: October 7, 1993 Effective: November 7, 1993

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[Figure]

OFFICIALS

of the

CITY OF

SANGER, CALIFORNIA

AT THE TIME OF THIS REPUBLICATION

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Michael A. Montelongo

Mayor

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Martin F. Castellano

Sandy Neri

Rosa Pena

Raymond T. McCann

City Council

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Eugene "Jim" Drinkhouse

City Manager

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David J. Weiland

City Attorney

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Barbara Mergan

City Clerk of the

CITY OF

SANGER, CALIFORNIA

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Joshua D. Mitchell

Mayor

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Martin F. Castellano

Rodney Nielson

Eli Ontiveros

Victor Ruiz

City Council

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Charles Brian Haddix

City Manager

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David J. Weiland

City Attorney

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Barbara Mergan

City Clerk

PREFACE

This Code constitutes a complete republication of the general and permanent ordinances of the City of Sanger, California.

Source materials used in the preparation of the Code were the 1993 Code, as supplemented through May 21, 1998, and ordinances subsequently adopted by the city council. The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the comparative tables appearing in the back of this Code, the reader can locate any section of the 1960 Code, as supplemented, and any subsequent ordinance included herein.

The chapters of the Code have been conveniently arranged in alphabetical order, and the various sections within each chapter have been catchlined to facilitate usage. Notes which tie related sections of the Code together and which refer to relevant state law have been included. A table listing the state law citations and setting forth their location within the Code is included at the back of this Code.

Chapter and Section Numbering System

The chapter and section numbering system used in this Code is the same system used in many state and local government codes. Each section number consists of two parts separated by a dash. The figure before the dash refers to the chapter number, and the figure after the dash refers to the position of the section within the chapter. Thus, the second section of chapter 1 is numbered 1-2, and the first section of chapter 6 is 6-1. Under this system, each section is identified with its chapter, and at the same time new sections can be inserted in their proper place by using the decimal system for amendments. For example, if new material consisting of one section that would logically come between sections 6-1 and 6-2 is desired to be added, such new section would be numbered 6-1.5. New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject. The next successive number shall be assigned to the new article or division. New chapters may be included by using one of the reserved chapter numbers. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters.

Page Numbering System

The page numbering system used in this Code is a prefix system. The letters to the left of the colon are an abbreviation which represents a certain portion of the volume. The number to the right of the colon represents the number of the page in that portion. In the case of a chapter of the Code, the number to the left of the colon indicates the number of the chapter. In the case of an appendix to the Code, the letter immediately to the left of the colon indicates the letter of the appendix.

Index

The index has been prepared with the greatest of care. Each particular item has been placed under several headings, some of which are couched in lay phraseology, others in legal terminology, and still others in language generally used by local government officials and employees. There are numerous cross references within the index itself which stand as guideposts to direct the user to the particular item in which the user is interested.

Looseleaf Supplements

A special feature of this publication is the looseleaf system of binding and supplemental servicing of the publication. With this system, the publication will be kept up-to-date. Subsequent amendatory legislation will be properly edited, and the affected page or pages will be reprinted. These new pages will be distributed to holders of copies of the publication, with instructions for the manner of inserting the new pages and deleting the obsolete pages.

Keeping this publication up-to-date at all times will depend largely upon the holder of the publication. As revised pages are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publisher that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes.

Acknowledgments

This republication was under the direct supervision of Kathleen M. Grobe, Editor, of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project.

The publisher is most grateful to Mr. David J. Weiland, City Attorney; and Ms. Barbara Mergan, City Clerk; for their cooperation and assistance during the progress of the work on this publication. It is hoped that their efforts and those of the publisher have resulted in a Code of Ordinances which will make the active law of the city readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the city's affairs.

ADOPTING ORDINANCE

ORDINANCE NO. 896

An Ordinance of the City of Sanger Adopting and Enacting a New Code for the City of Sanger, Providing for the Repeal of Certain Ordinances Not Included Therein; Providing a Penalty for the Violation Thereof; Providing for the Manner of Amending Such Code; and Providing When Such Code and This Ordinance Shall Become Effective.

The City Council of the City of Sanger does ordain as follows:

Section 1. The Code entitled "Sanger City Code" published by Municipal Code Corporation, consisting of Chapters 1 through 90, each inclusive, is adopted.

Section 2. All ordinances of a general and permanent nature enacted on or before April 15, 1993, and not included in the Code or recognized and continued in force by reference therein are repealed.

Section 3. The repeal provided for in Section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance.

Section 4. Unless another penalty is expressly provided, every person convicted of a violation of any provision of the Code adopted by Section 1 of this ordinance or any ordinance, rule or regulation adopted or issued in pursuance thereof, where such violation is a misdemeanor under the provisions of this Code, shall be punishable by a fine of not more than $1,000.00, or by imprisonment for a period not exceeding six months, or by both such fine and imprisonment. Any conviction where such violation is an infraction under the provisions of this Code shall be punishable for a first conviction by a fine of not more than $100.00, for a second conviction within a period of one year by a fine of not more than $200.00, and for a third and subsequent conviction within a period of one year by a fine of not more than $500.00. Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any Code section whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the city may pursue other remedies such as abatement of nuisances, injunctive relief and revocation of licenses or permits.

Section 5. Pursuant to Government Code § 50022.1, by the adoption of the Sanger City Code, the city hereby ratifies the adoption and enactment, as amended and modified by such Code, of the following secondary codes:

(1) The Uniform Administrative Code, 1991 Edition; including all appendices, modifications and supplements, approved by the International Conference of Building Officials;

(2) The Uniform Housing Code, 1991 Edition; including all appendices, modifications and supplements, approved by the International Conference of Building Officials;

(3) The Uniform Building Code, 1991 Edition; including all appendices, modifications and supplements, approved by the International Conference of Building Officials;

(4) The Uniform Mechanical Code, 1991 Edition; including all appendices, modifications and supplements, recommended by the International Association of Plumbing and Mechanical Officials;

(5) The Uniform Plumbing Code, 1991 Edition; including all appendices, modifications and supplements, recommended by the International Association of Plumbing and Mechanical Officials;

(6) The National Electrical Code, 1990 Edition; as published and adopted by the National Fire Protection Association;

(7) The Uniform Code for the Abatement of Dangerous Buildings, 1991 Edition; including all appendices, modifications and supplements, approved by the International Conference of Building Officials;

(8) The Uniform Swimming Pool, Spa and Hot Tub Code, 1991 Edition, recommended by the International Association of Plumbing and Mechanical Officials;

(9) The Uniform Fire Code, 1991 Edition, recommended by the Western Fire Chiefs and International Conference of Building Officials; and

(10) The Uniform Sign Code, 1991 Edition, recommended by the International Conference of Building Officials.

Section 6. The ordinances of the city are substantively amended, revised or altered as follows (cites at the end of an entry are to new Code sections; cites in text are to 1960 code sections):

(1) Changed the title of the volume to "Sanger City Code," section 1-1.

(2) Expanded the provision re: catchlines, section 1-6.

(3) Added a provision which describes the process of amending the Code, section 1-16.

(4) Added a provision which describes the process of supplementing the Code, section 1-17.

(5) Added a provision which saves certain ordinances from repeal, section 1-18.

(6) Added a provision describing the departments of the city, section 2-3.

(7) Deleted Section 2.1(b) regarding setting the agenda for city council.

(8) Deleted obsolete duties in Section 2.8(e) re: the city manager.

(9) Added language from the California Fair Political Practices Commission, sections 2-67, 2-69 and 2-73.

(10) Deleted obsolete Section 2.9 regarding appointment of city clerk and city treasurer.

(11) Deleted Section 2.11 regarding council's dealings with the administrative services of the city.

(12) Deleted obsolete Sections 2.3 through 2.5 regarding the superintendent of streets.

(13) Deleted obsolete Sections 2.34 and 2.35 regarding recruitment of law enforcement officers.

(14) Deleted specific application fee for bingo and substituted "currently" required fee, section 6-31(b).

(15) Deleted obsolete Section 2A.17 re: severability.

(16) Deleted obsolete Sections 3.1 through 3.3 concerning animal control officers.

(17) Deleted specific penalty and referenced the general penalty, section 10.2

(18) Changed "animal control authority [officer]" to "animal control authority," section 10-6 et seq.[sections 10-2—10-4, 10-6, 10-10, 10-36, 10-39, 10-40 and 10-62]

(19) Deleted specific daily fee for dog maintenance and substituted time to time language, section 10-8.

(20) Added a provision concerning additional requirements for certificates of occupancy, section 14-17 [14-7].

(21) Added a provision adopting the 1991 Edition of the Uniform Administrative Code.

(22) Deleted specific bond amount for moving buildings and substituted time to time language, section 14-251(b).

(23) Deleted specific bond amount for routing of building and substituted time to time language, section 14-276.

(24) Deleted Section 10.29(b) regarding refunding of license fees.

(25) Deleted in Section 6A.q [6A.1] definitions of "city" and "person."

(26) Changed all references to the Federal Insurance Administration to the Federal Emergency Management Agency, section 34-1 et seq. [sections 34-5, 34-7, 34-11, 34-33 and 34-56]

(27) Deleted Sections 12.2, 12.3, 12.6, 12.7, 12.10 and 12.16 concerning begging, confetti, disorderly conduct, disturbing the peace, gambling and driving over a fire hose.

(28) Added a provision regarding parental responsibility for destruction of municipal property by minors, section 38-19.

(29) Deleted in Section 13.3 definitions of "city" and "city council."

(30) Deleted in Section 13-7(1) and (2) certain prohibited acts.

(31) Deleted Section 13.8-5 concerning smoking in the community center.

(32) Deleted Sections 13.21 and 13.22 concerning enforcement.

(33) Deleted specific penalty and referenced general penalty, section 54.2.

(34) Changed "residences and business lots" to "improved property" and "well cut down" to "cut to six inches or less," section 58-2.

(35) Deleted specific penalty to allow general penalty to apply, section 58-51.

(36) Deleted the specific schedule of speed limits, parking prohibitions and weight limitations and substituted "are on file...," sections 70-29, 70-30 and 70-63.

(37) Deleted obsolete Sections 4.52 through 4.66 concerning the regulation of bicycle establishments.

(38) Changed "health officer of the city" to "county health department," section 74-1.

(39) Changed enforcement provision re: trailers and trailer parks to read "shall be enforced by the department of community development," section 74-3.

(40) Deleted definition of "person" in Section 22A.1.

(41) Deleted obsolete Sections 23.45 through 23.59 and 2.63 through 2.67 regarding wells and heat transfer systems.

(42) Changed "director of finance" to "director of administrative services," section 82-26.

(43) Rewrote provision regarding use of city water, section 82-41.

(44) Deleted obsolete Sections 17.2, 17.3 and 19.7 concerning sewers.

(45) Deleted certain unnecessary words, sections 82-146, 82-147.

(46) Changed "sewer service fund" to "sewer enterprise fund," section 82-151.

(47) Deleted definitions in Section 17.31 including "person," "shall," "may" and "city."

(48) Deleted obsolete Sections 21.20, 21.26 and 21.30 concerning taxicabs.

(49) Added to the list of reasons for denial of a taxicab owner's permit, section 86-48.

(50) Deleted specific amount of liability insurance required for taxicabs and substituted time to time language, section 86-65.

(51) Conformed provision re: denial of taxicab driver's permit to similar provision concerning denial of taxicab owner's permit, section 86-84.

(52) Deleted Section 16.1 et seq. provisions regarding sales.

(53) Renumbered and reorganized the Zoning Ordinance, Chapter 90.

Section 7. Additions or amendments to the Code, when passed in the form as to indicate the intention of the city council to make the same a part of the Code, shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments.

Section 8. Ordinances adopted after April 15, 1993, that amend or refer to ordinances that have been codified in the Code, shall be construed as if they amend or refer to like provisions of the Code.

Section 9. This Ordinance shall become effective 30 days after it is passed and adopted by the Sanger City Council.

Section 10. At least five days prior to the city council meeting at which the proposed ordinance is to be adopted, a summary of the ordinance prepared by the city attorney shall be published in a newspaper of general circulation published and circulated in the City of Sanger, and a certified copy of the ordinance shall be posted in the office of the city clerk.

Within 15 days after its adoption, a summary of the ordinance prepared by the city attorney, together with the names of those city councilmembers voting for and against the ordinance, shall be published in a newspaper of general circulation published and circulated in the City of Sanger, and a certified copy of the ordinance shall be posted in the office of the city clerk.

ATTEST:

I, HARRIETT STEPHENS, City Clerk of the City of Sanger, do hereby certify that the foregoing ordinance was introduced on motion of Councilmember Erlinda Martinez, seconded by Councilmember Joe Kretsch, at a regular meeting of the Sanger City Council held on the 2nd day of September, 1993, and was duly adopted by the City Council of the City of Sanger at a regular meeting of said city council on the 7th day of October, 1993, by the following roll call vote:

AYES: COUNCILMEMBERS: Martinez, Holguin, Farmer, Kretsch, Martinez

NOES: COUNCILMEMBERS: None

ABSENT: COUNCILMEMBERS: None