South El Monte Municipal Code Ch. 1.04 General Provisions

Upon adoption by the governing body this City Code is declared to be and shall hereafter constitute the official City Code of the city of South El Monte. Any reference made to the number of any section contained in this Code shall be understood to refer to the position of the same under its appropriate chapter and title heading, and to the general penalty clause relating thereto, as well as to the section itself, when reference is made to this City Code by title in any legal document.

(Prior code §1-1-1; Ord. 800, 1987)

This City Code, as hereby presented in printed form, shall hereafter be received without further proof in all courts and in all administrative tribunals of this state as the ordinances of the city of general and permanent effect.

(Prior code §1-1-2; Ord. 800, 1987)

Whenever the following words or terms are used in this Code they shall have the meanings ascribed to them in this section, unless the context makes such meanings repugnant thereto:

"Agent"

means a person acting on behalf of another.

"City"

means the city of South El Monte.

"Code,"

unless otherwise specifically stated, means this City Code.

Employees.

Whenever reference is made in this Code to a city employee by title only, it shall be construed as though followed by the words: "of the city of South El Monte."

"Fee"

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

Knowingly.

The word "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.

"License"

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

"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.

"Negligent," as well as "neglect," "negligence" and "negligently"

import a want of such attention to the nature or probable consequences of the act or omission as a prudent person ordinarily bestows in acting in his or her own concern.

"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 a detrimental effect on the property of, another person to the community.

"Occupant,"

as applied to a building or land, includes any person who occupied the whole or any part of such building or land and whether alone or with others.

"Offense"

means any act forbidden by any provision of this Code or the omission of any act required by the provisions of this Code.

Officers.

Whenever reference is made in this Code to a city officer by title only, it shall be construed as though followed by the words: "of the city of South El Monte."

"Operator"

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

"Owner,"

as applied to a building or land, includes any part owner, joint owner, tenant in common, joint tenant or lessee of the whole or of a part of such building or land.

"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.

"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 of title to property is created, acknowledged, transferred, increased, defeated, discharged or diminished and every right or interest therein.

"Retailer,"

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

"Street"

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

"Tenant,"

as 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.

"Wholesaler" and "wholesale dealer,"

unless otherwise specifically defined, are understood to relate to the sale of goods, merchandise, articles or things in quantity to persons who purchase the same for the purpose of resale.

"Wilfully,"

when applied to the intent with which an act is done or omitted, implies simply a purpose or will-ingness 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; Ord. 800, 1987)

A. Whenever any word in any section of this City Code importing the plural number is used in describing or referring to any matters, parties or persons, any single matter, party or person shall be deemed to be included, although distributive words may not have been used.

B. When any subject matter, party or person is referred to in this City Code by words importing the singular number only, or the masculine gender, several matters, parties or persons and females as well as males and bodies corporate shall be deemed to be included; provided, that these rules of construction shall not be applied to any section of this City Code which contains express provision excluding such construction or where the subject matter or content may be repugnant thereto.

(Prior code §1-1-4; Ord. 800, 1987)

In the determination of the provisions of each section of this Code the following rules shall be observed:

A. Intent to Defraud. Whenever an intent to defraud is required in order to constitute an offense, it shall be sufficient if an intent appears to defraud any person.

B. Liability of Employers and Agents. When the provisions of any section of this City Code prohibit the commission of an act, not only the person actually doing the prohibited act or omitting the directed act, but also the employer and all other persons concerned with or in aiding or abetting such person shall be guilty of the offense described and liable to the penalty set forth.

(Prior code §1-1-5; Ord. 800, 1987)

Any ordinance amending this City Code shall set forth the title, chapter and section number of the section or sections to be amended, and this shall constitute a sufficient compliance with any statutory requirement pertaining to the amendment or revision by ordinance of any part of this City Code. All such amendments or revisions by ordinance shall be prepared for insertion in its proper place in each copy of this City Code. Each such replacement page shall be properly identified and shall be inserted in each individual copy of the City Code.

(Prior code §1-1-3; Ord. 800, 1987)

No ordinance relating to railroads or railroad crossings with streets and other public ways, or relating to the conduct, duties, service or rates of public utilities shall be repealed by virtue of the adoption of this City Code or by virtue of Section 1.04.070, excepting as this City Code may contain provisions for such matters, in which case this City Code shall be considered as amending such ordinance or ordinances in respect of such provisions only.

(Prior code §1-2-2; Ord. 800, 1987)

A. No new ordinance shall be construed or held to repeal a former ordinance, whether such former ordinance is expressly repealed or not, as to any offense committed against such former ordinance or as to any act done, any penalty, forfeiture or punishment so incurred, or any right accrued or claim arising under the former ordinance, or in any way whatever to affect any such offense or act so committed or so done, or any penalty, forfeiture or punishment so incurred or any right accrued or claim arising before the new ordinance takes effect, save only that the proceedings thereafter shall conform to the ordinance in force at the time of such proceeding, so far as practicable. If any penalty, forfeiture or punishment is mitigated by any provision of a new ordinance, such provision may be, by the consent of the party affected, applied to any judgment announced after the new ordinance takes effect.

B. This section shall extend to all repeals, either by express words or implication, whether the repeal is in the ordinance making any new provisions upon the same subject or in any other new ordinance.

C. Nothing contained in this section shall be construed as abating any action now pending under or by virtue of any general ordinance of the city herein repealed; or as discontinuing, abating, modifying or altering any penalty accrued or to accrue, or as affecting the liability of any person, firm or corporation, or as waiving any right of the city under any ordinance or provision thereof in force at the time of the adoption of this City Code.

(Prior code §1-2-3; Ord. 800, 1987)