Santa Fe Springs Municipal Code Ch. 10 General Provisions

This codification of ordinances by and for the City of Santa Fe Springs shall be designated as the Code of Santa Fe Springs and may be so cited.

The provisions of this code and all proceedings under it are to be construed to effect its object and to promote justice.

('64 Code, § 1-2)

Unless otherwise provided herein, or by law or implication required, the same rules of construction, definition, and application shall govern the interpretation of this code as those governing the interpretation of state law.

All provisions of Title I compatible with future legislation, shall apply to ordinances hereafter adopted amending or supplementing this code unless otherwise specifically provided.

Headings and captions used in this code other than the title, chapter, and section numbers are employed for reference purposes only and shall not be deemed a part of the text of any section.

(A) General rule. Words and phrases shall be taken in their plain, or ordinary and usual sense. However, technical words and phrases having a peculiar and appropriate meaning in law shall be understood according to their technical import.

(B) For the purpose of this code, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Chief of Police. The Chief of Police designated as such by the city contract law enforcement agency, and performing such duties as prescribed by the city code, federal and state statutes.

City. The area within the territorial city limits of the City of Santa Fe Springs and such territory outside of this city over which the city has jurisdiction or control by virtue of any constitutional provision or any law.

Code. The code of the City of Santa Fe Springs, 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.

County. Los Angeles County, California.

Day. 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.

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. A calendar month.

Oath. This term includes an affirmation.

Officers, Departments, Boards, Commissions and Employees. Officers, departments, boards, commissions and employees of the city, unless the context clearly indicates otherwise.

Owner. Applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant by the entirety of the whole or of a part of such building or land.

Person. Any person, firm, association, organization, partnership, business trust, corporation or company.

Personal Property. Every species of property, except real property, as defined in this section.

Police Department. The City Department of Police Services and such agency as may be designated by city contract to perform law enforcement duties for the city.

Preceding or Following. Next before or next after, respectively.

Process. A writ or summons issued in the course of judicial proceedings of either a civil or criminal nature.

Property. This term includes real and personal property.

Real Property. This term includes lands, tenements and hereditaments.

Shall, May. Shall is mandatory and May is permissive.

Signature or Subscription by Mark. Includes a mark when the person 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 State of California.

Subchapter. A division of a chapter, designated in this code by a heading in the chapter analysis and a capitalized heading in the body of the chapter, setting apart a group of sections related by the subject matter of the heading. Not all chapters have subchapters.

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.

Territorial Limitation. This code shall refer only to the omission or commission of acts within the territorial limits of the city and that territory outside of the city over which the city has jurisdiction or control by virtue of the Constitution, or any law, or by reason of ownership or control of property.

Week. Seven consecutive days.

Writing. 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. A calendar year, except where otherwise provided.

('64 Code, § 1-3)

The construction of all ordinances of this municipality shall be by the following rules, unless such construction is plainly repugnant to the intent of the legislative body or of the context of the same ordinance:

(A) AND or OR. Either conjunction shall include the other as if written "and/or," if the sense requires it.

(B) Acts by assistants. When a statute or ordinance requires an act to be done which, by law, an agent or deputy as well may do as the principal, such requisition shall be satisfied by the performance of such act by an authorized agent or deputy.

(C) Gender; singular and plural; tenses. Words denoting the masculine gender shall be deemed to include the feminine and neuter genders; words in the singular shall include the plural, and words in the plural shall include the singular; the use of a verb in the present tense shall include the future, if applicable.

(D) General term. A general term following specific enumeration of terms is not to be limited to the class enumerated unless expressly so limited.

If any provision of this code as now or later amended or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions that can be given effect without the invalid provision or application.

Whenever in one section reference is made to another section hereof, such reference shall extend and apply to the section referred to as subsequently amended, revised, recodified, or renumbered unless the subject matter is changed or materially altered by the amendment or revision.

Reference to a public office or officer shall be deemed to apply to any office, officer, or employee of this municipality exercising the powers, duties, or functions contemplated in the provision, irrespective of any transfer of functions or change in the official title of the functionary.

If a manifest error is discovered, consisting of the misspelling of any words; the omission of any word or words necessary to express the intention of the provisions affected; the use of a word or words to which no meaning can be attached; or the use of a word or words when another word or words was clearly intended to express such intent, such spelling shall be corrected and such word or words supplied, omitted, or substituted as will conform with the manifest intention, and the provisions shall have the same effect as though the correct words were contained in the text as originally published. No alteration shall be made or permitted if any question exists regarding the nature or extent of such error.

The official time, as established by applicable state/federal laws, shall be the official time within this municipality for the transaction of all municipal business.

(A) In all cases where an ordinance requires an act to be done in a reasonable time or requires reasonable notice to be given, reasonable time or notice shall be deemed to mean the time which is necessary for a prompt performance of such act or the giving of such notice.

(B) The time within which an act is to be done, as herein provided, shall be computed by excluding the first day and including the last. If the last day is Sunday, it shall be excluded.

This code, from and after its effective date, shall contain all of the provisions of a general nature pertaining to the subjects herein enumerated and embraced. All prior ordinances pertaining to the subjects treated by this code shall be deemed repealed from and after the effective date of this code.

All ordinances of a temporary or special nature and all other ordinances pertaining to subjects not embraced in this code shall remain in full force and effect unless herein repealed expressly or by necessary implication.

All ordinances passed by the legislative body shall take effect in accordance with the provisions of Cal. Gov't Code § 36937 or other applicable state statute.

(A) Whenever any ordinance or part of an ordinance shall be repealed or modified by a subsequent ordinance, the ordinance or part of an ordinance thus repealed or modified shall continue in force until the ordinance repealing or modifying it becomes effective, unless otherwise expressly provided.

(B) No suit, proceedings, right, fine, forfeiture, or penalty instituted, created, given, secured, or accrued under any ordinance previous to its repeal shall in any way be affected, released, or discharged, but may be prosecuted, enjoyed, and recovered as fully as if the ordinance had continued in force unless it is otherwise expressly provided.

(C) When any ordinance repealing a former ordinance, clause, or provision shall be itself repealed, the repeal shall not be construed to revive the former ordinance, clause, or provision, unless it is expressly provided.

(A) If the legislative body shall desire to amend any existing chapter or section of this code, the chapter or section shall be specifically repealed and a new chapter or section, containing the desired amendment, substituted in its place.

(B) Any ordinance which is proposed to add to the existing code a new chapter or section shall indicate, with reference to the arrangement of this code, the proper number of such chapter or section. In addition to such indication thereof as may appear in the text of the proposed ordinance, a caption or title shall be shown in concise form above the ordinance.

(A) As histories for the code sections, the specific number and passage date of the original ordinance, and the most recent three amending ordinances, if any, are listed following the text of the code section.

Example: (Ord. 10, passed 5-13-60; Am. Ord. 15, passed 1-1-70; Am. Ord. 20, passed 1-1-80; Am. Ord. 25, passed 1-1-85)

(B) (1)

If a statutory cite is included in the history, this indicates that the text of the section reads substantially the same as the statute.

Example: (Cal. Penal Code § 1212; Ord. 10, passed 1-17-80; Am. Ord. 20, passed 1-1-85)

(2) If a statutory cite is set forth as a "statutory reference" following the text of the section, this indicates that the reader should refer to that statute for further information.

Example:

§ 39.01 PUBLIC RECORDS AVAILABLE.

This municipality shall make available to any person for inspection or copying all public records, unless otherwise exempted by state law.

(C) If a section of this code is derived from the previous code of ordinances of the city published in 1964 and subsequently amended, the 1964 code section number shall be indicated in the history by "('64 Code, §___)."

The city shall have the right to contract with the county or with other contract agencies, pursuant to the laws of the state, for the performance and execution by designated county or contract agency officials of the rights, powers and duties of officers, officials and employees of the city. Whenever in this code, whether set forth in full or by adoption by reference, any power or authority is granted to an officer, official or employee, the power or authority is conferred upon the appropriate officer, official or employee of the city or the appropriate officer, official or employee of the county or of a contract agency with whom a contract has been entered into.

('64 Code, § 1-3.1; Ord. 373, passed 1-20-70)

(A) Whenever a notice is required to be given under the provisions of this code, unless different provisions are otherwise specifically made, such notice may be given either by personal delivery thereof to the person to be notified or by deposit in the United States mail in a sealed envelope, postage prepaid, addressed to such person to be notified, at his last known business or residence address as the same appears in the public records or other records pertaining to the matter to which such notice is directed. Service by mail shall be deemed to have been completed at the time of deposit in the post office.

(B) Proof of giving any notice may be made by the certificate of any officer or employee of the city or by affidavit of any person over the age of 18 years, which shows service in conformity with this code or other provisions of law applicable to the subject matter concerned.

('64 Code, §§ 1-10—1-11)

All ordinances and resolutions of the City Council required by any applicable law to be posted within the city shall be posted at the following three locations in the city:

(A) Santa Fe Springs City Hall, 11710 Telegraph Road.

(B) Santa Fe Springs City Library, 11700 Telegraph Road.

(C) United States Post Office, Santa Fe Springs branch, 11760 Telegraph Road.

(Ord. 171, passed 3-23-61; '64 Code, § 1-12; Ord. 315, passed 8-8-67; Ord. 357, passed 7-10-69)

The city shall have, and does hereby adopt, an official seal, which is described as follows: A die, two inches in diameter, having an outer circle border 1 7/8 inches in diameter from outside to outside, and 3/32 of an inch in width. On the surface of the die, within the outer circle and at equal distance from the outer circle, there shall be an inner circle 1 1/2 inches in diameter. Within the outer circle, there shall be engraved the words "City of Santa Fe Springs, California," which words shall be engraved along the top half of the inner circle. The letters of such words shall be 1/8 of an inch in height. Within the bottom half of the outer circle shall be engraved the words, "Salus Populi Suprema Lex Exto," the letters of which shall be 1/16 of an inch in height. Between the phrase, "City of Santa Fe Springs, California," and the phrase, "Salus Populi Suprema Lex Exto," there shall be two groups of five dots, each of which shall be 1/64 of an inch in diameter. Within the center of the inner circle, there shall be engraved the design of a shield, which shall be 7/8 of an inch in width and 1 1/18 of an inch in length, the sides of which shall be parallel to the opposite side. The left and right top edges of the shield shall contain two points which shall extend beyond the left and right-side lines of the shield, which points shall be 1/8 of an inch in length and 1/16 of an inch in width at their widest point. The angle of the bottom of the points where they project beyond the side edges of the shield shall be 45 degrees. The bottom edge of the shield shall be rounded, which rounded edges shall have a radius of 1/32 of an inch. The middle of the bottom edge of the shield shall contain a concave point which shall point to the line of the inner circle, the point being 1/16 of an inch long, and the widest part where it joins the main part of the shield shall also be 1/16 of an inch. To the left and to the right of the shield, between the sides thereof and the edge of the inner circle, there shall be engraved a branch of an olive tree, the stem of the branches being 3/4 of an inch long and curving parallel with the inner curve of the circle. Each branch shall contain 15 leaves, which shall be 1/16 of an inch long and 1/32 of an inch wide at the widest part thereof. Placed on top of the shield and in the middle thereof, engraved between the top line of the shield and the line of the inner circle, shall be a replica of the form of the American Eagle as the same appears on the shield of the United States of America, clutching in its claws, arrows and an olive branch. The shield shall be divided into six parts, each of which shall be 7/16 of an inch long and 6/16 of an inch wide. Within the rectangular division to the top and to the left of the shield shall be engraved the form of an academic cap, an open book, a quill pen and a scroll; within the division below it, shall be engraved a bell in the form of that used to mark the path of the El Camino Real; and in the division below that, shall be a replica of the Scales of Justice. Within the rectangular division to the top and to the right of the shield, shall be engraved the form of four oil well derricks; within the division below it, shall be engraved the form of an industrial building; and in the last division, shall be engraved the form of an open bible, with a cross placed upon the open pages. Within the inner circle shall be engraved lines which shall radiate from the center of the seal, but shall not be engraved over any other design within the seal, which lines, when they touch the edge of the inner circle, shall be 1/16 of an inch apart from each other. Directly below the shield, the year of incorporation, 1957, shall be inscribed.

(Ord. 53, passed 12-12-57; '64 Code, § 1-21)

(A) Eligibility.

(1) City owned parks including recreational or open space sites and trails.

(2) City owned facilities including, but not limited to, athletic fields, large amenities, community centers, and recreational and sporting facilities.

(3) Public city streets.

(4) There shall be no duplicative naming of facilities or streets.

(5) The provisions of this section shall not apply to the application of donor recognition of minor items such as benches, trees, water fountains, or similar items.

(6) Private streets shall not be subject to provisions of this section.

(B) General Naming Criteria. The following may be deemed as appropriate naming nominations:

(1) Geographical locations or natural features.

(2) Adjoining subdivisions or streets.

(3) Names of historical significance, such as an event, group, culture, landmark or place.

(4) Names representative of the City's ethnic or cultural identity.

(5) Outstanding features, design, or themes.

(6) Native flora or fauna.

(7) Appropriate Language. All nominations shall be free of vulgar, offensive, or politically charged language.

(C) Naming After Individuals. There may be instances in which a community member has demonstrated extraordinary contributions towards a specific municipal project or the City at large and is eligible for nomination.

(1) To be considered for a naming opportunity, the individual must have been deceased for at least two years, unless the City Council deems it appropriate to take such action on the basis of a significant contribution, which warrants deviation from this guideline.

(2) Individuals may only have one eligible facility and one street named after them.

(3) Considerations:

(a) Donation of land or financial contributions to a specific facility.

(b) Contributed substantially and improved the quality of life in the City through:

(i) Voluntary work of outstanding contribution.

(ii) Service to local school, community, elected or appointed positions, nonprofit groups, or other community organizations.

(4) Individual's legacy would be reviewed to ensure alignment of their character with the city's values.

(D) Procedures.

(1) Nomination Filing. Any person, group, organization may submit a nomination for the consideration of naming a public facility or street. Nominations shall be filed to the Department of Parks and Recreation and must include the following:

(a) Completed nomination form.

(b) Supplemental documentation in support of the nomination.

(i) Supplemental documentation may include letters of support, resident signed petitions, newspaper clippings, maps, or any other significant evidence of eligibility.

(2) Department of Parks and Recreation Review. Upon receipt of a nomination request, the Department of Parks and Recreation shall review the request as follows:

(a) Confirm completion of the appropriate nomination form and supplemental documentation submitted.

(b) Assess compliance with the Naming Criteria of subsections 10.24 (B) and 10.24 (C).

(c) Make a recommendation to the Historical and Community Preservation Advisory Committee for their review.

(3) Historical and Community Preservation Advisory Committee Review. Upon receipt of a nomination from the Department of Parks and Recreation the Historical and Community Preservation Advisory Committee shall review the request as follows:

(a) Hold a public hearing considering the nomination request and providing a recommendation to the City Council.

(b) Consideration of nomination material:

(i) Compliance with the Naming Criteria of subsections 10.24 (B) and 10.24 (C).

(ii) Assessment of the supplemental documentation.

(iii) Input of public comments received.

(c) Provide a recommendation to the City Council to approve or deny the nomination or direct the Department of Parks and Recreation to provide further justification of the nomination.

(4) City Council Action. Upon receipt of a recommendation by the Historical and Community Preservation Advisory Committee, the City Council shall consider the nomination at a public meeting and approve or deny the nomination or direct the Historical and Community Preservation Advisory Committee to provide further justification of the nomination. The City Council decision is final.

(E) City Council Initiated Nominations.

(1) Notwithstanding subsection 10.24 (D) of this section, an active city council member may initiate a name nomination during a city council meeting and shall be exempt from the nomination filing, staff review and recommendation of the Historical and Community Preservation Advisory Committee. Nominations shall be compliant with subsections 10.24 (A), 10.24 (B), and 10.24 (C).

(2) A city council initiated nomination shall be approved by unanimous decision.

(F) Renaming of Public Facilities and Streets.

(1) Renaming Criteria. The renaming of public facilities and streets shall only be considered under exceptional circumstances such as:

(a) Correction of historical inaccuracies or removal of inappropriate and offensive language.

(b) Recognition of significant contributions.

(c) Public safety or operational concerns.

(d) Alignment with modernization or rebranding.

(e) Requests from the community with substantial support.

(2) Renaming Process. The renaming process shall be the same procedures as those outlined in subsection 10.24 (D).

(Ord. 1154, passed 2-4-25)

Enforcement of code; authority to issue citations. Such city officials as may be designated by the City Manager or Police Chief shall enforce all or specific sections of this code. All designated persons shall have the authority to issue citations for violations of this code, in the manner provided by Cal. Penal Code § 836.5.

(A) Violation of code deemed infraction or misdemeanor. Violation of any provision of this code shall constitute a misdemeanor, unless:

(1) Such violation is specifically designated as an infraction; or

(2) The City Attorney exercises his discretion to treat such violation as an infraction.

(B) Whenever in this code or in any other ordinance of the city or in any rule, regulation or order promulgated by any officer or agency of the city under authority duly vested in him or it, any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or the doing of any act is required or the failure to do any act is declared to be unlawful or an offense or a misdemeanor, where no specific penalty is provided therefor, the violation of any such provisions of this code or any other ordinance of the city or any such rule, regulation or order shall be punishable by imprisonment and by a fine for up to the maximum length of time and the maximum amount pursuant to California law. Every day any violation of this code or any other ordinance of the city or any such rule, regulation or order shall continue shall constitute a separate offense.

(C) Unless otherwise specifically provided for in this code, or by the Cal. Veh. Code § 42002, every person convicted of an infraction shall be punished upon conviction for the maximum fine pursuant to California law, unless lesser fines or bails are set by City Council resolution for specific violations.

(D) Notwithstanding any other provision of this code, when a person under 18 years of age is charged with a violation of this code, and a law enforcement officer issues a notice to appear in a traffic or superior court of competent jurisdiction to such minor as a result thereof, the charge shall be deemed to be an infraction unless the minor requests that a petition be filed under Cal. Welf. and Inst. Code §§ 601 or 602.

('64 Code, § 1-9; Ord. 802, passed 1-9-92)

(A) If any person is arrested for the violation of this code or any other ordinance of the city, and such person is not immediately taken before a magistrate, as is more fully set forth in the California Penal Code, 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 where and when such person shall appear in court.

(B) The time specified in the notice to appear, referred to in division (A) of this section, shall be not less than five days after such arrest.

(C) The place specified in the notice to appear, referred to in division (A) of this section, shall take place before a judge of the municipal court in the judicial district in which the offense is alleged to have been committed or an officer authorized to receive a deposit of bail.

(D) The officer shall deliver one copy of the notice to appear to the arrested person and the arrested person, in order to secure a release, shall give his written promise so to appear in court by signing the duplicate notice, which shall be retained by the officer. Thereupon, the arresting officer shall forthwith release the person arrested from custody.

(E) The officer shall, as soon as practicable, file a duplicate notice with the magistrate specified in such notice. The defendant may, prior to the date upon which he promised to appear in court, deposit with the magistrate the amount of bail set by such magistrate. Thereafter, at the time when the case is called in person or by counsel, the magistrate may declare the bail forfeited and may, at his discretion, order that no further proceedings shall be had in such case. Upon the making of such order that no further proceedings be had, sums deposited as bail shall forthwith be paid into the city treasury as provided by law.

(F) Every person wilfully violating his written promise to appear in court shall be guilty of a misdemeanor regardless of the disposition of the charge upon which he was originally arrested.

(G) A warrant shall not be issued on such charge for the arrest of a person who, pursuant to the provisions of division (D) of this section, has given such written promise to appear in court unless and until he has violated such promise, or has failed to deposit bail, to appear for arraignment, trial or judgment, or to comply with the terms and provisions of the judgment as required by law.

(H) 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 division (E) of this section, the magistrate shall issue and have delivered for execution a warrant for his arrest within 20 days after his failure to appear as promised. If a 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 20 days after the delivery of such written promise to appear by the officer to a magistrate having jurisdiction over the offense, such magistrate shall issue and have delivered for execution a warrant for his arrest. When such person violates his promise to appear before an officer authorized to receive bail other than a magistrate, the officer shall immediately deliver to the magistrate having jurisdiction over the offense charged the written promise to appear and the complaint, if any, filed by the arresting officer.

(Ord. 89, passed 8-14-58; '64 Code, § 1-13—1-20)

Cross reference— Penalty, see § 10.97

Except as may otherwise be provided specifically in this code, no person shall commence any action to challenge all or any portion of any tax, fee, fine or any other type of payment required to be made pursuant to any provision in this code, without first making such full payment to the city.

(Ord. 1009, passed 4-9-10)