Sanger Municipal Code § 1-1 How code designated and cited

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

(Ord. No. 2021-02, § 2, 3-18-21)

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 followed by the words "of Sanger."

Code. The words "the Code" or "this Code" shall mean "The Sanger City Code" as designated in section 1-1.

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. Whenever the word "council" is used in this Code, it shall be construed to mean the city council of the City of Sanger.

County. The words "the county" or "this county" shall mean the County of Fresno.

Dangerous fireworks. Dangerous fireworks shall mean any fireworks specified as such in the State Fireworks Law, sections 12500 et seq. of the Health and Safety Code of the State, and such other fireworks as may be determined to be dangerous by the state fire marshal.

Day. A day is the period of time between any 12:00 midnight and the 12:00 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 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 an affirmation.

Officers, departments, etc. Officers, departments, boards, commissions and employees referred to in this Code shall mean officers, departments, boards, commissions and employees of the City of Sanger, unless the context clearly indicates otherwise.

Official time. 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.

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 the entirety of the whole or of a part of such building or land.

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

Personal property. The words "personal property" include every species 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. The term "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. The term "real property" includes lands, tenements and hereditaments.

Safe and sane fireworks. Safe and sane fireworks shall mean and include only unaltered fireworks not designated as "dangerous fireworks," except that, in any case, only end fuses may be used.

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

Signature or subscription by mark. The word "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. 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 an oral lease of, 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 includes the present.

Week. A week consists of seven consecutive days.

Writing. The word "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. 2021-02, § 2, 3-18-21)

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.

(Ord. No. 2021-02, § 2, 3-18-21)

(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.

(Ord. No. 2021-02, § 2, 3-18-21)

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.

(Ord. No. 2021-02, § 2, 3-18-21)

(a) 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.

(b) The history notes appearing in parentheses after each section and the references and notes scattered throughout the Code are for the benefit of the user of the Code and shall have no legal effect.

(Ord. No. 2021-02, § 2, 3-18-21)

(a) The provisions of Code of Civil Procedure § 1094.6 shall apply to all administrative proceedings in the city subject to judicial review pursuant to Code of Civil Procedure § 1094.5, Administrative Mandate.

(b) All final administrative decisions of the city shall include notice to the party, as that term is defined in Code of Civil Procedure § 1094.6(f), that the time within which judicial review is available is governed by Code of Civil Procedure § 1094.6.

(Ord. No. 2021-02, § 2, 3-18-21)

(a) All ordinances passed subsequent to this Code which amend, repeal, or in any way affect this Code may be numbered in accordance with the numbering system of this Code and printed for inclusion in this Code. In the case of chapters, sections, and subsections or any part thereof being repealed by subsequent ordinances, such repealed portions may be excluded from the Code by omission thereof from reprinted pages affected thereby, and the subsequent ordinances, as numbered and printed, or omitted in the case of repeal, shall be prima facie evidence of such subsequent ordinances until such time that this Code and subsequent ordinances, numbered or omitted, are readopted as a new Code by the city council.

(b) Amendments to any of the provisions of this Code should be made by amending such provisions by specific reference to the section of the Code in substantially the following language: "That section _______ of the Sanger City Code is hereby amended to read as follows: … (Set out new provisions in full) _______ ."

(c) If a new section not heretofore existing in the Code is to be added, the following language may be used: "That the Sanger City Code is hereby amended by adding a section (or article, chapter or other designation, as the case may be), to be numbered ________ , which reads as follows: … (Set out new provisions in full) ________ ."

(d) All sections, articles, chapters or other provisions of this Code desired to be repealed should be specifically repealed by section number, article number, chapter, or other number, as the case may be.

(Ord. No. 2021-02, § 2, 3-18-21)

(a) By contract or by city personnel, supplements to this Code shall be prepared and printed whenever authorized or directed by the city council. A supplement to the Code shall include all substantive, permanent, and general parts of ordinances passed by the city council or adopted by initiative and referendum during the period covered by the supplement and all changes made thereby in the Code. The pages of a supplement shall be so numbered that they will fit properly into the Code and will, where necessary, replace pages which have become obsolete or partially obsolete, and the new pages shall be so prepared that, when they have been inserted, the Code will be current through the date of the adoption of the latest ordinance included in the supplement.

(b) In the preparation of a supplement to this Code, all portions of the Code which have been repealed shall be excluded from the Code by the omission thereof from reprinted pages.

(c) When preparing a supplement to this Code, the codifier, meaning the person, agency, or organization authorized to prepare the supplement, may make formal, non-substantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified code. For example, the codifier may:

(1) Organize the ordinance material into appropriate subdivisions;

(2) Provide appropriate catchlines, headings, and titles for sections and other subdivisions of the Code printed in the supplement and make changes in such catchlines, headings, and titles;

(3) Assign appropriate numbers to sections and other subdivisions to be inserted in the Code and, where necessary to accommodate new material, change existing section or other subdivision numbers;

(4) Change the words "this ordinance" or words of the same meaning to "this chapter," "this article," "this division," etc., as the case may be, or to "sections _______ through _______ ," inserting section numbers to indicate the sections of the Code which embody the substantive sections of the ordinance incorporated into the Code; and

(5) Make other non-substantive changes necessary to preserve the original meaning of ordinance sections inserted into the Code, but in no case shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the Code.

(Ord. No. 2021-02, § 2, 3-18-21)

Nothing in this Code or the ordinance adopting this Code shall be construed to repeal or otherwise affect the validity of any of the following, when not inconsistent with this Code:

(1) Any ordinance promising or guaranteeing the payment of money by the city, authorizing the issuance of any bonds of the city, providing any evidence of the city's indebtedness, or establishing any contract, agreement, lease, deed, other instrument, or obligation assumed by the city or creating interest and sinking funds.

(2) Any right or franchise, permit, or other right granted by any ordinance.

(3) Any personnel regulations; any ordinance establishing salaries of city officers and employees or civil service rules.

(4) Any ordinance dedicating, naming, establishing, locating, relocating, opening, paving, widening, repairing, or vacating any street, alley, or other public way in the city.

(5) Any ordinance establishing and prescribing the street grades in the city.

(6) Any appropriation ordinance or any ordinance levying or imposing taxes.

(7) Any ordinance providing for local improvements and assessing taxes therefor.

(8) Any ordinance dedicating or accepting any plat or subdivision in the city.

(9) Any ordinance establishing the official plat of the city.

(10) Any zoning map amendment or land use, rezoning or zoning ordinance.

(11) Any ordinance annexing territory or excluding territory from the city.

(12) Any ordinance prescribing traffic regulations for specific locations, through streets, parking limitations, parking prohibitions, one-way traffic, limitations on loads of vehicles or loading zones, not inconsistent with such Code.

(13) Any subdivision ordinance.

(14) Any ordinance creating special districts or assessing taxes therefor.

(15) Any ordinance granting specific tax exemptions.

(16) Any temporary or special ordinance.

(17) Any administrative ordinance.

All such ordinances are hereby recognized as continuing in full force and effect to the same extent as if set out at length in this Code.

(Ord. No. 2021-02, § 2, 3-18-21)

(a) Pursuant to the authority contained in Government Code § 935, the following claims procedures are established for those claims against the city for money or damages not now governed by state or local laws.

(b) Notwithstanding the exemptions set forth in Government Code § 905, all claims against the city for damages or money, when a procedure for processing such claims is not otherwise provided by state or local laws, shall be presented within the time limitations and in the manner prescribed by Government Code §§ 910 through 915.2, and shall be subject to the provisions of Government Code §§ 945 through 946 relating to the prohibition of suits in the absence of the presentation of claims and action therein by the council.

(c) Pursuant to Government Code Section 935.4, the city council delegates authority to the city manager to review all claims for sufficiency and to reject any and all claims. The city council delegates to the city manager authority to allow, compromise, or settle claims, including workers' compensation claims, for an amount up to $35,000.00. The city council shall have sole authority to allow, compromise, or settle claims for an amount in excess of $35,000.00.

(Ord. No. 2021-02, § 2, 3-18-21; Ord. No. 2025-01, § 1, 2-6-25; Ord. No. 2025-01, § 1, 2-6-25)