Shafter Municipal Code Ch. 1.04 General Provisions

Whenever the following words or terms are used in this code they shall have the meaning herein ascribed to them, unless the content makes such meaning repugnant thereto:

A. "Agent" means a person acting on behalf of another.

B. "City" means the city of Shafter.

C. "Code," unless otherwise specifically stated, means this city code.

D. Employees. Whenever reference is made in this code to a city employee by title only, this shall be construed as though followed by the words "of the city of Shafter."

E. "Fee" means a sum of money charged by the city for the carrying on of a business, profession or occupation.

F. "Knowingly" imports only a knowledge that the facts exist which brings the act or omission within the provisions of this code. It does not require any knowledge of the unlawfulness of such act or omission.

G. "License" means the permission granted for the carrying on of a business, profession or occupation.

H. "Misdemeanor" means any offense deemed a violation of the provisions of this code which is a lesser offense than a felony as defined by state law.

I. "Negligent," as well as "neglect," "negligence" and "negligently" imports a want of such attention to the nature or probable consequences of the act or omission as a prudent man ordinarily bestows in acting in his own concern.

J. "Nuisance" means anything offensive or obnoxious to the health and welfare of the inhabitants of the city; or any act or thing repugnant to, or creating a hazard to, or having detrimental effect on the property of, another person or to the community.

K. "Occupant," applied to a building or land, includes any person who occupies the whole or any part of such building or land whether alone or with others.

L. "Offense" means any act forbidden by any provision of this code or the omission of any act required by the provisions of this code.

M. Officers. Whenever reference is made in this code to a city officer by title only, this shall be construed as though followed by the words "of the city of Shafter."

N. "Operator" means the person who is in charge of any operation, business or profession.

O. "Owner," applied to a building or land, shall include any part owner, joint owner, tenant in common, joint tenant or lessee of the whole or of a part of such building or land.

P. "Person" includes the singular and the plural and also means and includes. any person, firm, corporation, association, partnership, or any other form of association or organization.

Q. "Personal property" includes every description of money, goods, chattels, effects, evidence of rights in action and all written instruments by which any pecuniary obligation, right or title to property is created, acknowledged, transferred, increased, defeated, discharged or diminished and every right or interest therein.

R. "Retailer," unless otherwise specifically defined, shall be understood to relate to the sale of goods, merchandise, articles or things, in small quantities, direct to the consumer.

S. "Street" includes alleys, lanes, courts, boulevards, public ways, public squares, public places and sidewalks.

T. "Tenant," applied to a building or land, includes any person who occupies the whole or any part of such building or land whether alone or with others.

U. "Wholesaler" and "wholesale dealer," unless otherwise specifically defined, shall be understood to relate to the sale of goods, merchandise, articles or things, in quantity, to persons who purchase for the purpose of resale.

V. "Wilfully," when applied to the intent with which an act is done or omitted, implies simply a purpose or willingness to commit the act or make the omission referred to. It does not require any intent to violate law, or to injure another, or to acquire an advantage.

(Prior code § 1-3-1)

A. Section 1094.6 of the California Code of Civil Procedure relating to time for filing writs of mandate, shall be and is applicable in the city. The provisions of such section shall prevail over any conflicting provision in any otherwise applicable law relating to the subject matter.

B. In addition to all other applications, Section 1094.6 of the Code of Civil Procedure applies to decisions made, after 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.

(Prior code § 1-21-1)

A. Those employees of the city, other than peace officers, designated by the chief of police with duties to enforce parking violations of state law and local ordinances, violations of Chapter 6.04 of this code, and bicycle violations of state and local law, are authorized to make arrests and issue written notices to appear for such violations pursuant to Section 836.5 of the California Penal Code.

B. Persons designated pursuant to subsection A of this section as possessing the powers of arrest shall not be classified as safety members.

(Prior code §§ 9-11-1, 9-11-2)

Editor's note— Ord. No. 674, § 1, adopted Oct. 20, 2015, repealed former § 1.04.040 in its entirety which pertained to procedures for filing tort claims against the city and derived from Ord. No. 455 § 1, 1994; Ord. No. 632, § 1, 5-18-2010.

Notwithstanding any other provision of this code, no injunction, writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the city or an officer thereof, to prevent or enjoin the collection of taxes, assessments, or fees (whether established by ordinance, resolution or other action of the city) which are sought to be collected from any person, or are otherwise due and owing from any person to the city pursuant to this code or otherwise, and payment of all said taxes, assessments, fees, plus any interest and penalties shall be required as a condition precedent to seeking judicial review of any tax, assessment or fee liability. For purposes of this section, the term "city" shall include, but not be limited to any agency, district or entity formed or governed by the city.

(Ord. No. 632, § 2, 5-18-2010)