Yucca Valley Municipal Code Ch. 1.01 Yucca Valley Town Code

The Town Council finds that it is desirable and in the public interest to establish a municipal code in order to provide a scheme of organization for the classification and grouping of ordinances which the Town Council may adopt. The Town Council intends in adopting ordinances of a general and permanent nature to provide for their placement in accordance with the scheme of the code. This will provide the user with a convenient and logical compilation of the ordinances of the Town. (Ord. 3, 11-27-1991)

This Code shall be known as the TOWN OF YUCCA VALLEY MUNICIPAL CODE. It shall be sufficient to refer to this Code as the Town of Yucca Valley 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, correcting or repealing provisions of this Code as an addition or amendment to, or a repeal of, the Town of Yucca Valley Municipal Code, or a portion thereof. (Ord. 3, 11-27-1991)

A. Special Ordinances: This Town Code shall consist of all ordinances adopted by the Town Council which are of a general and permanent nature. An ordinance relating to any of the following subject matters is not considered an ordinance of general and permanent nature and need not be included within the Town Code:

The naming of streets and roads;

Granting, altering or withdrawing franchises;

Levying real property tax;

Calling an election;

Annexation proceedings;

Interim zoning measures;

Zoning or rezoning a particular parcel of property;

Such other ordinances of a special or a particular subject matter which the Town Council considers are not appropriate to a general compilation of laws of a general and permanent nature.

B. Other Ordinances Not Part Of Code: Other ordinances adopted by the Town Council on November 27, 1991, the date of original adoption of this Town Code, are not included as part of the Town Code, and any future amendments to said other ordinances will not be included as part of the Town Code unless otherwise expressly stated in said future amendments. Those ordinances are as follows:

Ordinance No. 1, providing that all ordinances of the County of San Bernardino applicable before incorporation of the Town of Yucca Valley shall remain in full force and effect as Town ordinances.

Ordinance No. 2, imposing a sales and use tax to be administered by the State Board of Equalization and providing penalties for violations.

Ordinance No. 4, appointing the Town Council as the planning agency. (Ord. 3, 11-27-1991)

A. The ordinances of the town which are of a general and permanent nature shall be organized and grouped according to subject matter. (Ord. 3, 11-27-1991; amd. 2000 Code)

B. Ordinances which are adopted from time to time shall be classified and organized under the following scheme of titles:

• Title 1 General Provisions

• Title 2 Administration And Personnel

• Title 3 Revenue And Finance

• Title 4 Boards And Commissions

• Title 5 Businesses And Licenses

• Title 6 Health And Sanitation

• Title 7 Reserved

• Title 8 Buildings And Construction

• Title 9 Development Code

• Title 10 Animals

• Title 11 Peace, Morals And Safety

• Title 12 Vehicles And Traffic

(Ord. 3, 11-27-1991; amd. 2000 Code; Ord. 250, 11-18-2014)

At least three (3) copies of this code, duly certified by the town clerk, shall be maintained on file in the office of the town clerk as official copies of this code. Additional copies of this code shall be distributed to the departments of the town as shall be prescribed by the town manager.

Duly certified copies of each ordinance making a change in this code shall be filed in the office of the town clerk in books for such purpose, indexed for ready reference.

The town clerk shall cause amending ordinances to be included in the code in a proper manner, including a citation as to the ordinance number and date of passage of the amending ordinance. Updates to this code shall be to all forms of the code; namely: hard copy, electronic copy and internet copy. (Ord. 3, 11-27-1991; amd. 2000 Code)

The provisions of this code and all proceedings under it are to be construed to effect its objects and to promote justice. All the provisions of this code and all other town ordinances shall be interpreted to refer to the appropriate or designated officer or office of the town, and whether an ordinance, uniform code, statute or other matter which is adopted by reference refers to any department, officer, employee, inspection, police or other function, unless the context requires otherwise, all references shall be to the appropriate or designated office, officer, department, agency, employee or function of the town, or to the person or agency performing the function for the town. (Ord. 3, 11-27-1991)

Neither the adoption of this code nor the repeal or amendment by this code of any ordinance or part or portion of any ordinance previously in effect in the town, or within the territory currently comprising the town, shall in any manner affect the prosecution for the violation of any ordinance, which violation was committed prior to the effective date of this code, nor be construed as a waiver of any license, fee or penalty on such 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 or the penal provisions applicable to any violation of such ordinances, nor to affect the validity of any bond or cash deposit required to be posted, filed or deposited pursuant to any ordinance, and all vested rights and obligations pertaining to such ordinances shall continue in full force and effect. The repeal of an ordinance shall not repeal the repealing clause of such ordinance or revive any ordinance which has been repealed thereby. (Ord. 3, 11-27-1991)

If any chapter, section, subsection, sentence, clause, phrase or portion of this code is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. The town council hereby 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 the code should be declared invalid or unconstitutional, then the original ordinance or ordinances shall be in full force and effect. (Ord. 3, 11-27-1991)

This Code shall refer only to the omission or commission of acts within the territorial limits of the Town and that territory outside of the Town over which the Town has jurisdiction or control by virtue of the constitution, or any law, or by reason of ownership or control of property. (Ord. 3, 11-17-1991)

All references in this Code to places, acts, persons or things and all else in relation to this Code shall be construed to mean that the same are applicable to this Town, whether the Town is mentioned in each particular section or not. Portions of this Code have been adopted from or relate to the same subject as is set forth in the San Bernardino County Code. To the extent that any section, subsection, sentence, clause or phrase of this Code is in conflict with the San Bernardino County Code provisions so adopted, the later-adopted portion of this Code shall control and shall take precedence over the inconsistent portions of said San Bernardino County Code. (Ord. 3, 11-27-1991)

Unless the provisions of this Code otherwise specifically provide, or the context of this Code indicates to the contrary, the general provisions, rules of construction and definitions set forth 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 their objects and to promote justice.

A. Effect Of Headings: The title, 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 title, chapter, article or section of this Code.

B. Meaning Of Section And Subsection: "Section" shall mean a section of this Code, unless some other source is specifically set forth. "Subsection" shall mean a subsection of the section in which the term occurs, unless some other section is expressly set forth.

C. Acts By Deputies: 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, unless this Code expressly provides otherwise.

D. Writing: "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, such notice, report, statement or record shall be made in writing in the English language, unless this Code expressly provides otherwise.

E. References To Ordinances; Application To Amendments: Whenever any reference in this Code is made to an ordinance, the reference shall apply to such ordinance of the Town, unless this Code expressly provides otherwise. Whenever any reference is made to any portion of this Code, or to any ordinance of this Town, the reference shall apply to all amendments, corrections and additions heretofore, now or hereafter added to this Code.

F. Statute Of Limitations: When a limitation or period of time prescribed in any existing ordinance or statute for acquiring a right or barring a remedy, or for any other purpose, has begun to run before this Code goes into effect, the time which has already run shall be deemed a part of the time prescribed in such limitation. (Ord. 3, 11-27-1991)

As used in this Code, unless a different meaning is apparent from the context or is specified elsewhere in the Code, the following definitions shall have the meaning herein ascribed to them:

• CALENDAR YEAR: From January 1 through December 31 of any given year.

• CITY: Includes the Town and shall mean the Town of Yucca Valley.

• COUNCIL: The Town Council of the Town of Yucca Valley.

• COUNCILMEMBER: A person duly elected to the Town Council.

COUNTY: The County of San Bernardino, California, or the area within the limits of San Bernardino County, and such territory outside of San Bernardino County over which the County has jurisdiction or control by virtue of any constitutional or statutory provisions.

DAY: Calendar day.

FISCAL YEAR: From July 1 of any given year through June 30 of the following year.

GENDER: The masculine gender shall include the feminine and neuter genders.

GOODS: Includes wares and merchandise.

MAY: Shall be permissive.

MONTH: A calendar month, unless otherwise expressed.

NUMBER: The singular number shall include the plural, and the plural number shall include the singular.

OATH: Includes affirmation.

OFFICE TIME STANDARD: Wherever certain hours are named in this Code, they shall mean standard time or daylight saving time as may be in current use in the Town.

OPERATE: Includes carrying on, keeping, conducting or maintaining.

OWNER: As applied to a building or land, shall include any part owner, joint owner, tenant, tenant in common or joint tenant of the whole or of a part of such building or land.

PERSON: Unless this Code expressly provides otherwise, includes any natural person, firm, company, corporation, club, trust or similar organization, partnership, association, public corporation, political subdivision, town (except the Town of Yucca Valley), the County of San Bernardino, any district in the County of San Bernardino, the State of California or the United States of America, or any department or agency or any employee, manager, officer, agent, lessee or servant of any thereof.

PERSONAL PROPERTY: Includes money, goods, chattels, things in action and evidences of debt.

POLICE, POLICE CHIEF OR CHIEF OF POLICE: The agency which performs the appropriate law enforcement function for the Town, and the head of the agency or division thereof which at the time involved has responsibility for performing the police function for or within the Town.

PROPERTY: Includes real and personal property.

QUARTERLY: Where used to designate a period of time, shall mean the first three (3) calendar months of any given year or any succeeding period of three (3) calendar months.

REAL PROPERTY: Includes land, tenements and hereditaments.

SALE: Includes any sale, exchange, barter or offer for sale.

SHALL: Is mandatory.

STATE: The State of California.

STREET: Includes all streets, highways, avenues, boulevards, alleys, courts, places, squares, curbs or other public ways in the Town which have been or may thereafter be dedicated and open to public use, or such other public property so designated in any law of the State.

TENANT OR OCCUPANT: As applied to a building or land, shall include any person who occupies the whole or any part of such building or land, whether alone or with others.

TENSE: The present tense shall include the past and future tense, and the future tense shall include the present tense.

TOWN: The Town of Yucca Valley.

TOWN MANAGER: The appointed official of the Town who occupies the position of chief administrative officer of the Town.

Words and phrases not defined in this Code are construed according to the approved usage of the language, or, when appropriate, by reference to definitions contained in State or Federal law. (Ord. 3, 11-27-1991)