Sierra Madre Municipal Code Ch. 1.04 General Provisions

This code shall be known as the "Sierra Madre Municipal Code," and it shall be sufficient to refer to the code as such in any prosecution for the violation of any provision of this code. It shall also be sufficient to designate any ordinance adding to, amending or repealing the code, or portions of the code, as an addition or amendment to, or a repeal of, the "Sierra Madre Municipal Code," or a portion thereof.

(Prior code § 1000)

This record consists of the regulatory and penal ordinances and certain of the administrative regulations of the city of Sierra Madre, codified pursuant to applicable provisions of the Government code of the state of California.

(Prior code § 1001)

For the purposes of this code, the following words and phrases shall have the meanings set out in this section: ;p0 Cash Deposit. Wherever this code requires a cash deposit for any purpose, a valid and sufficient corporate surety bond may be deposited in lieu thereof, if approved by the city manager and city attorney.

"City" means the city of Sierra Madre.

"City administrator" or "city manager" means the city manager of the city.

"Code" means the Sierra Madre Municipal Code.

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" means the city council of the city.

"County" means the county of Los Angeles.

"Day" is 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.

"Fire chief" means the fire chief of the city or his/her authorized deputy.

Gender. The masculine gender includes the feminine and neuter.

"Month" means a calendar month.

"Oath" includes affirmation.

Office. The use of the title of any officer or employee of the city means the then holder of such office.

Or, And. "Or" may be read "and," and "and" may be read "or," if the sense of the provision requires it.

"Owner" as applied to a building, land or personal property, means any part owner, joint owner or tenant of the whole or a part thereof.

"Person" as used in this code or in any uniform code adopted by this code includes any person, firm, association, organization, partnership, business trust company or corporation, and any municipal, political or governmental corporation, district, body or agency, other than the city.

Shall and May. "Shall" is mandatory and "may" is permissive.

"State" means the state of California.

"Tenant" or "occupant," as applied to be building or land, shall include any person who occupies the whole or part of such building or land, whether alone or with others, or a person who is entitled to such occupancy.

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

Time. Whenever certain hours are named in this code, they shall mean Pacific Standard Time or Daylight Savings Time as may be in current use in the city.

"Year" means a calendar year, except where otherwise provided.

(Ord. 1265 § 1, 2007; Ord. 1185 § 2 (part), 2000; prior code § 1208)

Any person holding any position of employment with the city as of the effective date of this chapter, shall maintain and carry forward such status; however, each such position, shall, after the effective date of the ordinance codified in this chapter, be subject, in all respects, to the provisions of this code.

(Prior code § 1004)

Not less than three copies of this code shall be filed for use and examination by the public in the office of the city clerk.

(Prior code § 1006)

Certified copies of each ordinance changing any provision of this code shall be maintained on file in the office of the city clerk, duly indexed for ready reference.

(Prior code § 1007)

The city clerk shall prepare copies of all changes in the code, for insertion in the loose-leaf copies of this code, and shall distribute the same to all officers and employees of the city and other persons maintaining copies of the code, for insertion in their respective codes, within thirty days after the adoption of such changes.

(Prior code § 1008)

If any section, subsection, sentence, clause, phrase or portion of this code is for any reason, held to be invalid or unconstitutional by decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this code. The city council declares that it would be adopted this code and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases or portions of this code, be declared invalid or unconstitutional.

(Prior code § 1005)

This code shall take effect upon the effective date of the ordinance of the city council of the city of Sierra Madre, whereby the same is adopted.

(Prior code § 1002)

A. Neither the adoption of this code nor the repeal of any ordinance or prior code (hereinafter "ordinances") of this city: (1) shall, in any manner affect the prosecution for violations of codes or ordinances, committed prior to the effective date of this code; nor (2) shall the same be construed as a waiver of the requirement for any license or permit under such ordinances; nor (3) shall the same be construed as affecting any of the provisions of such ordinances relating to the collection of any such license taxes or penal provisions applicable to any violation thereof; nor (4) shall the same be construed to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance, and all rights and obligations thereunder appertaining shall continue in full force and effect.

B. The provisions of this code, insofar as they are substantially the same as pre-existing ordinances of the city relating to the same subject matter, shall be construed as restatements and continuations of existing laws, and not as new enactments.

(Prior code § 1003)