West Covina Municipal Code Ch. 1 General Provisions

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

(Code 1960, § 1100)

This Code shall consist of all of the regulatory and penal and of certain of the administrative ordinances of the City of West Covina, codified pursuant to section 50022.2 of the Government Code of this state.

(Code 1960, § 1101)

Unless the provisions of the context otherwise require, the general provisions, rules of construction and definitions set out in this chapter shall govern the construction of this Code. The provisions of this Code and all proceedings under it are to be construed with a view to effect its objects and to promote justice.

(Code 1960, § 1300)

Chapter, article and section headings contained in this Code shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any chapter, article or section hereof.

(Code 1960, § 1301)

This Code shall refer only to the omission or commission of acts within the territorial limits of the city and to 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.

(Code 1960, § 1302)

Whenever a power is granted to or a duty is imposed upon a public officer or employee the power may be exercised or the duty may be performed by a deputy of such officer or employee or by a person otherwise duly authorized, pursuant to law or ordinance or by an officer of the county, or by a deputy or employee of such officer when by contract with the city such officer is obligated and has agreed to perform certain duties on behalf of the city, unless this Code expressly provides otherwise.

(Code 1960, § 1304)

Whenever a reference is made to any portion of this Code, or to any ordinances of this city, the reference applies to all amendments and additions now or hereafter made.

(Code 1960, § 1306)

For the purposes of this Code, all words not herein defined shall have the meanings determined by the laws of this state and the decisions of the courts of this state.

State Law reference— Definitions for Government Code, Gov. Code, § 8 et seq.

As used in this Code, "city" shall mean the City of West Covina, California.

(Code 1960, § 1317)

As used in this Code, "council" or "city council" shall mean the city council of this city.

(Code 1960, § 1319)

As used in this Code, "county" shall mean the County of Los Angeles.

(Code 1960, § 1316)

As used in this Code, the masculine gender includes the feminine and neuter.

(Code 1960, § 1310)

State Law reference— Similar provisions, Gov. Code, § 12.

As used in this Code, "goods" includes wares or merchandise.

(Code 1960, § 1324)

As used in this Code, the singular number includes the plural, and the plural the singular.

(Code 1960, § 1311)

State Law reference— Similar provisions, Gov. Code, § 13.

As used in this Code, "oath" includes an affirmation.

(Code 1960, § 1313)

State Law reference— Similar provisions, Gov. Code, § 15.

The use of the title of any officer, employee, office, commission, department, board or ordinance shall mean such officer, employee, office, commission, department, board or ordinance of the city.

(Code 1960, § 1318)

As used in this Code, "operate" includes carry on, keep, conduct or maintain.

(Code 1960, § 1325)

As used in this Code, "owner," applied to a building or land, shall include any part owner, joint owner, tenant, tenant in common, joint tenant, of the whole or a part of such building or land.

(Code 1960, § 1321)

As used in this Code or in any uniform code adopted hereby, the word "person" 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.

(Code 1960, § 1314)

State Law reference— Similar provisions, Gov. Code, § 17.

As used in this Code, "sale" includes any sale, exchange, barter or offer for sale.

(Code 1960, § 1323)

As used in this Code, "shall" is mandatory and "may" is permissive.

(Code 1960, § 1312)

State Law reference— Similar provisions, Gov. Code, § 14.

As used in this Code, "state" shall mean the State of California.

(Code 1960, § 1315)

State Law reference— Similar provisions, Gov. Code, § 18.

As used in this Code, "street" includes all streets, highways, avenues, lanes, alleys, courts, places, squares, sidewalks, parkways, curbs, or other public ways in this city which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this state.

(Code 1960, § 1320)

As used in this Code, "tenant" or "occupant," applied to a building or land shall include any person who occupies the whole or part of such building or land, whether alone or with others.

(Code 1960, § 1322)

As used in this Code, the present tense includes the past and future tenses, and the future the present.

(Code 1960, § 1309)

State Law reference— Similar provisions, Gov. Code, § 11.

As used in this Code, "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.

(Code 1960, § 1305)

Whenever a notice is required to be given under this Code, unless different provisions herein 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 of the city 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.

(Code 1960, § 1307)

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 eighteen (18) years, which shows service in conformity with this Code, or other provisions of law applicable to the subject matter concerned.

(Code 1960, § 1308)

This Code takes effect upon the effective date of the ordinance of the city council whereby this Code is adopted by reference.

(Code 1960, § 1102)

Not less than three (3) copies of this Code shall be filed for use and examination by the public in the office of the city clerk.

(Code 1960, § 1104; Ord. No. 1431, § 1, 4-9-79)

State Law reference— One copy may be kept in office of chief enforcement officer, Gov. Code, § 50022.6.

Upon the adoption of any amendment or addition to this Code, or upon the repeal of any of its provisions, the city clerk shall certify thereto. Duly certified copies of every ordinance making changes in such Code shall be filed in the office of the city clerk in books for such purpose, duly indexed for ready reference.

(Code 1960, § 1105)

The city clerk shall prepare typewritten or printed copies of changes in this Code for insertion in the loose-leaf copies thereof. Every section of this Code so changed shall have printed thereon a notation of the ordinance number pursuant to which such change is adopted.

(Code 1960, § 1106; Ord. No. 1431, § 2, 4-9-79)

State Law reference— Filing copies of adopted codes, Gov. Code, § 50022.6.

If any section, subsection, sentence, clause, phrase or portion of this Code is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Code. The city council hereby declares that it would have 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 be declared invalid or unconstitutional.

(Code 1960, § 1103)

The repeal of an ordinance shall not revive any ordinance in force before or at the time the ordinance repealed took effect. 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 an offense committed or cause of action arising under the ordinance repealed.

Whenever in this Code any act or omission is made unlawful, it shall include causing, permitting, aiding, abetting, suffering or concealing such act or omission.

(Code 1960, § 1303)

The violation of any administrative provisions of this Code by any officer or employee of the city may be deemed a failure to perform the duties under, or observe the rules and regulations of the department, office or board within the meaning of the ordinances and rules and regulations of the city.

(Code 1960, § 1201)

(a) Whenever in this Code or in any ordinance of the city an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever in such Code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, and no specific penalty is provided therefore, the violation of any such provision or the failure to perform any such act shall be punished by a fine not exceeding one thousand dollars ($1,000.00) or by imprisonment not to exceed six (6) months or by both such fine and imprisonment at the discretion of the court.

(b) Violation of any provision of this Code or city ordinance shall be a misdemeanor unless by such provision it is made an infraction. Such a violation may be prosecuted in the name of the people of the state, or redressed by civil action. Every violation determined to be an infraction is punishable by a fine. The maximum amount of fines assessed for infractions shall not exceed the limits established in section 36900 of the California Government Code.

(c) Each day any such violation or failure to perform such act shall continue shall constitute a separate offense, unless otherwise specifically provided.

(Code 1960, § 1200; Ord. No. 1662, § 1, 3-25-85; Ord. No. 2183, § 1, 12-16-08)

State Law reference— Violation of ordinances, penalty, Gov. Code, § 36900; fines, imprisonment for violation of ordinances, Gov. Code, § 36901.

The violation of any of the provisions of the West Covina Municipal Code contained in any one of the following enumerated sections shall be an infraction and shall be punishable as provided in section 1-37(b); provided, however, that a fourth violation of the same section regardless of time of occurrence shall constitute a misdemeanor and shall be punished as provided in section 1-37(a). The sections of this Code, a violation of which shall constitute an infraction, are set forth by chapter as follows:

Chapter 3 - Advertising:

Sections 3-2, 3-16, 3-17.

Chapter 5 - Amusements:

Section 5-38.

Chapter 6 - Animals and Fowl:

Section 6-36(a).

Chapter 7 - Building and Building Regulations:

Section 7-149.

Chapter 10 - Fire Prevention and Protection:

Section 10-22(c).

Chapter 12 - Garbage and Rubbish Collection.

Chapter 14 - Licenses and Business Regulations:

Section 14-82.

Section 14-203.

Chapter 15 - Miscellaneous Provisions Relating to Public Health and Safety:

Sections 15-2, 15-6(a), (b), 15-12(a), (b), 15-13(a), 15-109(a), (b).

Chapter 16 - Parks and Recreation:

Section 16-18(a), (b), (e), (f), (g), (h), (i), (j).

Chapter 19 - Streets, Sidewalks and Public Places:

Sections 19-6(a), 19-8(a), 19-9, 19-12.

Chapter 22 - Traffic Regulations:

Sections 22-61, 22-79, 22-91, 22-92, 22-93, 22-95, 22-96, 22-143(a), 22-151, 22-153, 22-166(b), (c), 22-167, 22-168, 22-169, 22-171, 22-172(b), 22-173(b), 22-174, 22-175, 22-176(a), (b), (c), (d), (e), (f), 22-179(b), 22-180, 22-181(a), 22-182(a), (b), 22-183, 22-183.1, 22-184(a), 22-185(a), 22-198(a), (b), 22-199.

Chapter 26 - Zoning:

Section 26-611(a), (d).

(Ord. No. 1527, § 1, 1-11-82; Ord. No. 1611, § 1, 11-28-83; Ord. No. 1617, § 2, 12-12-83; Ord. No. 1642, § 2, 8-13-84; Ord. No. 1655, § 1, 12-10-84; Ord. No. 1668, § 2, 4-22-85; Ord. No. 1884, § 1, 6-24-91; Ord. No. 2003, § 3, 9-23-97; Ord. No. 2125, 12-7-04; Ord. No. 2170, § 2, 3-4-08; Ord. No. 2206, § 2, 5-4-2010)

The code enforcement officer, assistant code enforcement officer and business license inspector shall have the authority to issue citations for misdemeanors and infractions as enumerated herein:

Chapter 3 - Advertising:

Sections 3-1(a), 3-17.

Chapter 5 - Amusements:

Sections 5-38, 5-82(a), (b).

Chapter 6 - Animals and Fowl:

Section 6-2(a)(1)—(3).

Chapter 7 - Building and Building Regulations:

Sections 7-136, 7-149.

Chapter 12 - Garbage and Rubbish Collection.

Chapter 14 - Licenses and Business Regulations:

Sections 14-18, 14-102(a), (b), (c), 14-131, 14-133.

Chapter 15 - Miscellaneous Provisions Relating to Public Health and Safety:

Sections 15-2, 15-12(a), (b), 15-14(a)(1), (3), (4), 15-15, 15-16(a), 15-98—15-107, 15-400—15-403.

Chapter 19 - Streets, Sidewalks and Public Places:

Sections 19-7, 19-8(a), 19-11(a).

Chapter 22 - Traffic Regulations:

Sections 22-8(a),(b), 22-63, 22-199.

Chapter 24 - Vegetation:

Sections 24-19, 24-25(a), (b), 24-26(a), (b).

Chapter 26 - Zoning:

Chapter 26 in its entirety.

(Ord. No. 1611, § 2, 11-28-83; Ord. No. 1655, § 2, 12-10-84; Ord. No. 1673, § 1, 5-13-85; Ord. No. 1884, § 2, 6-24-91; Ord. No. 1932, § 4, 3-1-94; Ord. No. 1956, § 2, 3-7-95; Ord. No. 2003, § 3, 9-23-97; Ord. No. 2030, § 4, 4-20-99; Ord. No. 2133, § 1, 5-3-05; Ord. No. 2169, § 10, 2-19-08)

(a) The imposition of a penalty under the provisions of this Code shall not prevent the revocation or suspension of any license, franchise or permit issued or granted under the provisions of this Code.

(b) Notwithstanding the foregoing or section 1-37 hereof, any violation of this Code shall be considered a public nuisance which may be abated as set out in Chapter 15, Article X, hereof.

(Ord. No. 1926, § 2, 11-2-93)

Whenever any person is arrested for the violation of any ordinance of the city, which declares therein that any violation is a misdemeanor or an infraction, and such person is not immediately taken before a magistrate as more fully set forth in the Penal Code of California, the arresting officer shall prepare in triplicate a written notice to appear in court that shall contain the name and address of such person, the offense charged, and the time and place where and when such person shall appear in court and shall fully follow the provisions of section 853.6 of the Penal Code.

(Code 1960, § 1202; Ord. No. 1171, 6-28-71)

State Law reference— Procedure for infraction to be same as for misdemeanor, Pen. Code § 853.5; notice to appear, Pen. Code § 853.6.

The provisions of this chapter, and the procedure outlined in sections 853.6, 853.7, 853.8 and 853.9 of the Penal Code shall apply to all ordinances of the city heretofore and hereafter adopted and approved by the city council, violations of which are punishable as misdemeanors or infractions.

(Code 1960, § 1203; Ord. No. 1171, 6-28-71)

Any person willfully violating his written promise to appear in court or before an officer authorized to receive a deposit of bail is guilty of a misdemeanor regardless of the disposition of the charge upon which he was originally arrested.

(Code 1960, § 1204)

(a) Whenever any person who has signed, as provided in section 1-41, a written promise to appear at a time and place specified in his written promise to appear and has not posted bail, as provided in section 853.6 or 1269b of the Penal Code, the magistrate shall issue and have delivered for execution a warrant for such person's arrest within twenty (20) days after failure of such person to appear as promised, or if such 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 twenty (20) days after delivery of such written promise to appear by the officer to a magistrate having jurisdiction over the offense.

(b) When such person violates his written promise to appear before an officer authorized to accept 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.

(Code 1960, § 1205; Ord. No. 1171, 6-28-71)

Pursuant to the provisions of section 1269b of the Penal Code, the chief of police shall designate an officer of the police department as an officer authorized to accept bail.

(Code 1960, § 1206)