Chapter 1.04 — GENERAL PROVISIONS

Not less than three bound copies of this code shall be filed for use and examination by the public in the office of the city clerk. At least three copies permanently bound and duly certified to by the city clerk shall be maintained on file in his/her office. Additional copies shall be prepared in looseleaf form and shall be mounted to withstand heavy usage in such binders as the city clerk may prescribe. Copies of the code and material printed for use therewith shall be distributed one to each officer and department or bureau head of the city, one to each assistant or other employee in each office, department or bureau of the city as the head thereof may designate, one to the city public library and one to each branch thereof, and one to each municipal association or municipal legal organization as may be designated by the city attorney. The mayor, the city manager and the city clerk shall have power to reciprocate courtesies of other cities by presenting to each copies of this code and printed matter, bound in such manner as to him/her may seem suitable. In addition, copies of the code and printed matter, with or without a binder or maintenance service, shall be sold to the general public at a price fixed by the city clerk. The purchaser shall have the option of ordering the code and printed matter with or without the binder or maintenance service. Distribution and sale of the code and printed matter shall be made by the city clerk. The city clerk shall keep a record of the distributees and purchasers. Various portions of the code and printed matter may also be printed separate and apart from the whole thereof, and sold, either with or without a binder and with or without maintenance service, as directed by the city clerk and at prices to be fixed by him/her.

(Amended during 1984 codification; prior code § 1110)

(Ord. No. 3112, §§ 2, 4, 2-25-20)

A.

Whenever the council adopts an amendment or adds to this code or repeals any of its provisions, or whenever the Charter is amended, or whenever the table of contents or the index is amended, the city clerk shall cause the looseleaf pages of the code or printed matter in which changes have been made to be reprinted, showing the changes and a notation as to the ordinance, if any, and the date of adoption thereof, by which the changes are adopted, shall be made by the city clerk in the bound volumes of the code on file in his/her office including the number of the ordinance pursuant to which the action is taken. Duly certified copies of every ordinance making changes in the code shall be filed in the office of the city clerk in books for such purpose, duly indexed for ready reference. The city clerk shall cause copies of each and every reprint to be distributed to each distributee and to every purchaser of the code who has ordered and paid for maintenance service.

B.

At least twice yearly the city clerk shall cause the looseleaf pages of the code in which changes have been made to be reprinted, including the notation as to the ordinance number pursuant to which the change is adopted, in order that at least twice yearly the looseleaf copies of the code prepared for the use and convenience of the officers and employees of the city and the general public may be brought up to date.

(Amended during 1984 codification; prior code § 1111)

(Ord. No. 3112, §§ 2, 4, 2-25-20)

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

(Prior code § 1100)

Neither the adoption of this code, nor the repeal hereby of any ordinance of this city, shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date of this code, nor be construed as a waiver of any license or penalty at the effective date due and unpaid under such ordinances, nor be construed as affecting any of the provisions of such ordinances relating to the collection of any such license or penalty or the penal provisions applicable to any violation thereof, nor 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.

(Prior code § 1103)

The provisions of this code, insofar as they are substantially the same as ordinance provisions previously adopted by the city relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments.

(Prior code § 1104)

The provisions of this code shall not in any manner affect deposits or other matters of record which refer to, or are otherwise connected with ordinances which are therein specifically designated by number, or otherwise, and which are

included within this code, but such reference shall be construed to apply to the corresponding provisions contained within this code.

(Prior code § 1105)

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, the decision shall not affect the validity of the remaining portions of this code. The council 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. If for any reason this code or any part thereof should be declared invalid or unconstitutional, then the original ordinance, or ordinances, which this code, or part thereof, supersedes, shall be in full force and effect.

(Prior code § 1106)

To coordinate all related provisions of the law, initiative ordinances are inserted in this code and given code section numbers. In each such case, the character of the ordinance as an initiative ordinance is noted in parenthesis in the heading of the article or at the end of the section. This coordination of initiative ordinances with the code does not alter their character as such. Any violation of the provisions of an initiative ordinance is punishable as provided therein, rather than under the general penal clause of this code.

(Prior code § 1107)

Unless the provisions of the context otherwise require, these general provisions, rules of construction and definitions 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.

(Prior code § 1300)

The headings of titles, articles, chapters, divisions, sections and subsections 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 title, article, chapter, division, section or subsection.

(Prior code § 1301)

This code refers 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.

(Prior code § 1302)

Any reference to an ordinance or a Charter in this code means the ordinance or Charter of the city of Whittier unless otherwise specifically provided.

(Prior code § 1303)

Any reference in this code to an ordinance or provision of this code means the ordinance or provision as now, or hereafter, amended. Reference to any section of this code shall be understood to refer to and include the penalty section relating thereto unless otherwise expressly provided. In case of the amendment of any section of this code containing provisions for which a penalty is provided in another section, the penalty so provided in the other section shall be held to relate to the section so amended whether reenacted in the amendatory ordinance or not, unless the penalty is specifically repealed therein.

(Prior code § 1304)

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

(Prior code § 1305)

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 the officer or employee or by a person otherwise duly authorized pursuant to law or ordinance, unless this code expressly provides otherwise.

(Prior code § 1306)

"Writing" includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement, application or record required or authorized by this code is made it shall be made in writing in the English language unless it is expressly provided otherwise.

(Prior code § 1307)

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

(Prior code § 1308)

The city council shall, by resolution, designate holidays for city officers, employees and offices.

(Prior code § 1309)

Whenever a notice is required to be given under this code, unless different provisions are otherwise specifically made, the notice may be given either by personal delivery thereof to the person to be notified or by deposit in the United States Postal Service, in a sealed envelope, postage prepaid, addressed to the person to be notified, at his/her last known business or residence address as it appears in the public records of the city or other records pertaining to the matter to which the notice is directed. Service shall be deemed complete upon the date of personal service, or, in the case of use of the Postal Service, two days following the deposit of the same in the custody of the Postal Service.

(Amended during 1984 codification; prior code § 1310)

(Ord. No. 3112, § 2, 2-25-20)

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

(Prior code § 1311)

The following words and phrases, whenever used in this code, shall be construed as defined in this section unless from the context a different meaning is specifically defined and more particularly directed to the use of such words or phrases:

"Business" includes businesses, professions, trades and occupations, and all and every kind of calling.

"City" means the city of Whittier or the area within the territorial city limits of the city of Whittier and such territory ouside of this city over which the city has jurisdiction or control by virtue of any constitutional or Charter provision or any law.

"City assessor" or "assessor" means the city assessor of this city or such person as hereafter may, by law, be authorized to perform for the city the duties ordinarily incident to a tax assessor.

"City attorney" or "attorney" means the city attorney of this city or such other official as hereafter may, by law, be designated as the official legal advisor of this city.

"City auditor" or "auditor" means the city auditor of this city or such person as hereafter may, by law, be authorized to perform for the city the duties ordinarily incident to the office of an official auditor.

"City clerk" or "clerk" means the city clerk of this city or such person as hereafter may, by law, be authorized to perform the duties now being performed by that official.

"City controller" or "controller" means city controller of this city.

"City manager" or "manager" means the city manager of this city or his/her successor as chief executive officer of the city.

"City tax collector" or "tax collector" means the city tax collector of this city or such person as hereafter may, by law, be authorized to perform for the city the duties ordinarily incident to the office of an official collector of taxes and licenses.

"Council" means the city council of this city.

"County" is the county of Los Angeles.

"Engage in" includes commence, engage in, carry on, conduct, maintain, manage and operate.

"Fiscal year" means the year commencing with July 1st and ending the following June 30th.

"Goods" includes wares or merchandise.

"License fee" includes any charge imposed for a license, whether the object is regulation or revenue, or both regulation and revenue.

"May" is permissive.

"Oath" includes affirmation.

"Office." The use of the title of any officer, employee or office means the officer, employee or officer of the city unless otherwise specifically designated.

"Operate" includes carry on, keep, conduct or maintain.

"Owner," applied to a building or land, includes any part owner, joint owner, tenant, tenant in common, or joint tenant, of the whole or a part of the building or land.

"Person" means any natural person, firm, association, joint venture, joint stock company, partnership, organization, club, company, corporation, business trust or the manager, lessee, agent, servant, officer or employee or any of them except as otherwise provided in this code, or where the context clearly requires a definite meaning.

"Sale" includes any sale, exchange, barter or offer for sale.

"Shall" and "must" each are mandatory.

"State" is the state of California.

"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.

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

"Vote, approval or consent." Except as may be otherwise provided in connection therewith, the phrase "vote, approval or consent of the council or other body" means the affirmative vote of a majority of those members present at a meeting having a quorum in attendance. Whenever the phrase refers to the members of the council or other body rather than to the council or body as such, the vote required shall be in relation to the total membership rather than to those members present at the meeting.

(Amended during 1984 codification; prior code § 1400)

(Ord. No. 3112, §§ 2, 4, 2-25-20)

If any section, subsection, sentence, clause or phrase of this code is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this code. The city council declares that it would have passed this code, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases had been declared invalid or unconstitutional, and if for any reason this code should be declared invalid or unconstitutional, then the original ordinance or ordinances shall be in full force and effect.

(Added during 1984 codification)