Yreka Municipal Code Ch. 1.01 Code

Footnotes:

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As to the authority of the city to codify and publish its ordinances, see Gov. C.A. 50022.1—50022.8, 50022.10.

Pursuant to the provisions of Sections 50022.1-50022.8 and 50022.10 of the Government Code of the state of California, there is adopted the "Yreka Municipal Code" as published by Book Publishing Company, Seattle, Washington, together with the following secondary codes included therein by reference:

(a) Code entitled "Uniform Building Code", 1967 Edition, Volume I, Authorized Edition, Second Printing, Promulgated by the International Conference of Building Officials, 50 South Los Robles, Pasadena, California, 91101;

(b) Code entitled "Uniform Plumbing Code", 1967 Edition, including the Appendices, Useful Tables and Index, but excluding the first paragraph of Section 1.7, Subdivisions (a) and (b) of Section 1.10 and Sections 2.2 and 2.11;

(c) Code entitled "National Electrical Code 1965", 1965 Edition, as recommended by the National Fire Protection Association; save and except those portions of the preceding secondary codes as are deleted, modified or amended by provisions of the "Yreka Municipal Code." From and after the effective date of the ordinance codified in this chapter, the "Yreka Municipal Code" shall constitute the penal and regulatory ordinances of the city of Yreka.

(Ord. 439 § 1, 1970).

This code shall be known as the "Yreka Municipal Code" and it shall be sufficient to refer to said code as the "Yreka Municipal Code" in any prosecution for the violation of any provision thereof or in any proceeding at law or equity. It shall be sufficient to designate any ordinance adding to, amending, correcting or repealing all or any part or portion thereof as an addition to, amendment to, correction or repeal of the "Yreka Municipal Code." Further, reference may be had to the titles, chapters, sections and subsections of the "Yreka Municipal Code" and such reference shall apply to that numbered title, chapter, section or subsection as it appears in this code.

(Ord. 439 § 2, 1970).

Whenever a reference is made to this code as the "Yreka Municipal Code" or to any portion thereof, or to any ordinance of the city of Yreka, California, the reference shall apply to all amendments, corrections and additions heretofore, now, or hereafter made.

(Ord. 439 § 3, 1970).

This code consists of all the regulatory and penal ordinances and certain of the administrative ordinances of the city of Yreka, California, codified pursuant to the provisions of Sections 50022.1—50022.8 and 50022.10 of the Government Code of the state of California.

(Ord. 439 § 4, 1970).

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 intended, or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases:

(a) "City" means the city of Yreka, California, or the area within the territorial city limits of the city of Yreka, California, and such territory outside of the city over which the city has jurisdiction or control by virtue of any constitutional provision, or any law;

(b) "Council" means the city council of the city of Yreka, California. "All its members" or "all councilmen" means the total number of councilmen provided for in Section 36501 of the Government Code of the state of California;

(c) "County" means the county of Siskiyou, California;

(d) "Health officer" means that person who has been appointed health officer by the city council, or the county health officer in the event the city enters into a contract with the county for the performance by health officers or other employees of the county of any or all functions relating to the enforcement of city health functions;

(e) "Law" denotes applicable federal law, the constitution and statutes of the state of California, the ordinances of the city of Yreka, California, and when appropriate, any and all rules and regulations which may be promulgated thereunder;

(f) "Oath" includes affirmation;

(g) "Office." The use of the title of any officer, employee, or any office, or ordinance shall mean such officer, employee, office, or ordinance of the city of Yreka unless otherwise specifically designated;

(h) "Ordinance" means a law of the city; provided that a temporary or special law, administrative action, order or directive, may be in the form of a resolution;

(i) "Person" means a natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them;

(j) "State" means the state of California;

(k) "Street" shall include all streets, highways, avenues, lanes, alleys, courts, places, squares, 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;

(l) "May" is permissive;

(m) "Must" and "shall". Each is mandatory;

(n) "Written" includes printed, typewritten, mimeographed or multigraphed.

(Ord. 439 § 5, 1970).

The following grammatical rules shall apply in this code:

(1) Gender. Any gender includes the other genders;

(2) Singular and plural. The singular number includes the plural and the plural includes the singular;

(3) Tenses. Words used in the present tense include the past and the future tenses and vice versa;

(4) Use of words and phrases. Words and phrases used in this code and not specifically defined shall be construed according to the context and approved usage of the language.

(Ord. 439 § 6, 1970).

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.

(Ord. 439 § 7, 1970).

Title, chapter and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any title, chapter or section hereof.

(Ord. 439 § 8, 1970).

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

(Ord. 439 § 9, 1970).

Neither the adoption of this code nor the repeal or amendments of any ordinance or part or portion of any ordinance of the city shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license, fee, or penalty at said 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, fee, or penalty, on 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 constitute in full force and effect.

(Ord. 439 § 10, 1970).

The repeal of an ordinance shall not repeal the repealing clause of such ordinance or revive any ordinance which has been repealed thereby.

(Ord. 439 § 11, 1970).

All general ordinances of the city not included in this code or excluded from the operation and effect of this section are repealed.

(Ord. 439 § 12, 1970).

Every special ordinance of this city governing the following subject matter, whether contained in whole or in part within this code, is excluded from the operation and effect of Section 1.01.120 and is not affected by the repeal provisions hereof. Annexations; franchises; naming roads, streets and public places; acquisition or disposal of public property; vacation of streets, alleys, or public ways; acceptance of any gift, devise, license or other benefit; provided that the foregoing enumeration of exceptions or exclusions shall not be deemed to be exclusive or exhaustive, it being the intent and purpose to exclude from repeal any and all ordinances not of a general nature.

(Ord. 439 § 13, 1970).

A. It is unlawful for any person to violate any provisions or to fail to comply with any of the requirements of this code. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this code, is guilty of a misdemeanor, unless the offense is specifically classified in this code or by state law as an infraction, or the city attorney reduces the charge to an infraction, in which case the person shall be guilty of an infraction.

B. Any person convicted of a misdemeanor under the provisions of this code, unless provision is otherwise herein made, shall be punished by a fine of not more than one thousand dollars or by imprisonment for a period of not more than six months or by both such fine and imprisonment.

C. Any person convicted of an infraction of the provisions of this code, unless provision is otherwise made in this code, shall be punishable upon a first conviction by a fine of not more than one hundred dollars, and for a second conviction within a period of one year by a fine of not more than two hundred dollars, and for a third or any subsequent conviction within a period of one year by a fine of not more than five hundred dollars. A third (or subsequent) of the same code section by the same person within a twelve-month period may be charged and prosecuted as a misdemeanor, even if such violation would otherwise be described as an infraction. In no event may the penalty imposed pursuant to this code section exceed that which is permitted under state law.

D. Each day during any portion of which any such violation is committed, continued, or permitted is a new and separate offense and shall be punished accordingly. This section applies whether a provision of this code is prosecuted by criminal, administrative, civil, or other procedures.

E. In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this code is deemed a public nuisance and may be, by this city, summarily abated as such.

F. A bail schedule for parking violations and for violations of this code shall be prepared by the city attorney and adopted by the city council, and amended from time to time by resolution, and which shall be approved by the court. A certified copy of said resolution shall be kept in the office of the city clerk and a certified copy shall be forwarded to the court.

G. The city may enforce any such violation of the provisions of this code by any one or more of the following methods, at the city's discretion.

(a) Criminal penalties pursuant to this chapter.

(b) Denial, forfeiture, or revocation of any permit granted by the city.

(c) Administrative citation and fines, to the extent authorized by this code.

(d) Any other remedy available to the city, including civil injunction or abatement of public nuisance.

H. Violation of Permit. A person who is issued or granted a permit (including a land use entitlement or variance) by the city shall comply with each and every provision and condition of the permit. A person who violates or fails to comply with any provision or condition of the permit is in violation of this section, and is subject to punishment in accordance with this Chapter 1.04. In addition, the city may enforce the permit by any other lawful means, including instituting proceedings for revocation of the permit.

(Ord. 439 § 14, 1970).

(Ord. No. 826, § 1, 7-7-2011)

Whenever in this code any act or omission is made unlawful it includes causing, allowing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission.

(Ord. 439 § 15, 1970).

This code shall become effective on the date the ordinance adopting this code as the "Yreka Municipal Code" shall become effective.

(Ord. 439 § 16, 1970).

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 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.

(Ord. 439 § 17, 1970)