This code shall be known as the "Laguna Beach Municipal Code."
(Ord. 367 § 3, 1953; 1953 Code § 0011; Ord. 1341 § 1, 1998)
In any prosecution for the violation of any provision of this
code, it shall be sufficient to refer to the code as the "Laguna Beach
Municipal Code."
(Ord. 367 § 3, 1953; 1953 Code § 0012; Ord. 1341 § 2, 1998)
The city council intends to secure compliance with the provisions
of this code. To the extent that such compliance may be achieved by
less drastic methods of enforcement, the following alternate, separate
and distinct methods may be utilized. Each method set forth herein
is intended to be mutually exclusive and does not prevent concurrent
or consecutive methods from being used to achieve compliance against
continuing violations. Each and every day any such violations exist
constitutes a separate offense.
Notwithstanding any other provisions of this code, each violation of the provisions of this code except for violations of Title 10 (Traffic), Chapter 11.16 (Street Work), Section 202(d) of the Uniform Building Code (Stop Orders) as adopted by Section 14.50.010, and Chapter 22.04 (Excavation and Grading, General Provisions), which are designated as infractions, may be enforced alternatively as follows:
(A)
Infraction.
Any person violating any of the provisions or failing to comply with
any of the mandatory requirements of this code may be prosecuted for
an infraction. Written citations for infractions may be issued by
police officers or non-safety employees designated by this code. Any
person convicted of an infraction under the provisions of this code
shall be punished either by fines as specified in the currently adopted
Uniform Bail Schedule used by the Orange County courts, or where no
fine is specified therein by:
(B)
Misdemeanor.
Any person violating any of the provisions or failing to comply with
any of the mandatory requirements of this code may be prosecuted for
a misdemeanor. Written citations for misdemeanors may be issued by
police officers or by non-safety employees designated by this code.
Any person convicted of a misdemeanor under the provisions of this
code shall be punished by a fine not exceeding one thousand dollars
or imprisonment for a term not exceeding six months, or by both such
fine and imprisonment.
(Ord. 941 § 1, 1978; Ord. 996 § 1, 1981; Ord. 1059 § 1, 1984; Ord. 1084 § 1, 1985; Ord.
1114 § 1, 1986; Ord. 1166 § 1, 1989; Ord. 1341 §
3, 1998)
Any ordinance adding to, amending or repealing this code may
be designated as an addition or amendment to, or repeal of, the "Laguna
Beach Municipal Code."
(Ord. 367 § 3, 1953; 1953 Code § 0013; Ord. 1341 § 4, 1998)
The provisions of this code, insofar as they are substantially
the same as existing ordinance provisions relating to the same subject
matter, shall be construed as restatements and continuations thereof
and not as new enactments.
(Ord. 367 § 3, 1953; 1953 Code § 0111)
Prosecution for violation of ordinances committed prior to the
effective date of this code shall not be affected by the adoption
of the code.
(Ord. 367 § 3, 1953; 1953 Code § 0112)
The adoption of this code shall not be construed as a waiver
of any license or penalty due and unpaid under any ordinance at the
effective date of the code; nor shall such adoption be construed as
affecting any provision of such ordinance relating to the collection
of any such license or penalty or the penal provisions applicable
to the violation thereof.
(Ord. 367 § 3, 1953; 1953 Code § 0113 (part))
The adoption of this code shall not affect the validity of any
bond or cash deposit required to be posted, filed or deposited pursuant
to such ordinance; and all rights and obligations thereunder shall
continue in full force and effect.
(Ord. 367 § 3, 1953; 1953 Code § 0114)
This code shall not 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 in the code; but such references shall be construed to
apply to the corresponding provisions of the code.
(Ord. 367 § 3, 1953; 1953 Code § 0115)
The provisions of this code and all proceedings under it are
to be construed to effect its object and to promote justice.
(Ord. 367 § 3, 1953; 1953 Code § 0211)
Title, chapter, and section headings contained herein shall
not govern, limit, modify or affect the scope, meaning or intent of
the provisions of this code.
(Ord. 367 § 3, 1953; 1953 Code § 0212)
This code shall refer only to the omission or commission of
acts within the territorial limits of the city of Laguna Beach and
that territory outside of this 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.
(Ord. 367 § 3, 1953; 1953 Code § 0213)
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 city, whether the city is mentioned
in each particular section or not.
(Ord. 367 § 3, 1953; 1953 Code § 0214)
The use of the title of any officer, employee, office, department,
board, commission or ordinance shall mean such officer, employee,
office, department, board, commission or ordinance of the city of
Laguna Beach, unless otherwise designated.
(Ord. 367 § 3, 1953; 1953 Code § 0215)
As used in this code, unless a different meaning is apparent
from the context or is specified elsewhere in the code:
means the city of Laguna Beach, California.
means the city council of this city.
means and includes natural person, corporation, company,
firm, association, organization, copartnership, joint venture, trust,
business trust, syndicate, estate, receiver, society, club, fraternal
organization, any group or combination acting as a unit, and officer,
agent, employee and servant of any of the foregoing.
mean, respectively, section, chapter and title of this code.
are mandatory and "may" is permissive.
includes every form of legible recording.
(Ord. 367 § 3, 1953; 1953 Code § 0216)
Words and phrases not defined in this code are construed according
to the context and approved usage of the language.
(Ord. 367 § 3, 1953; 1953 Code § 0217)
The singular number includes the plural, and the plural includes
the singular.
(Ord. 367 § 3, 1953; 1953 Code § 0218)
Words used in the masculine gender include the feminine and
neuter.
(Ord. 367 § 3, 1953; 1953 Code § 0218.1)
Words used in the present tense include the future.
(Ord. 367 § 3, 1953; 1953 Code § 0218.2)
If any provision of this code, or the application thereof to
any person or circumstances is held invalid, the remainder of this
code, or the application thereof to other persons and circumstances
shall not be affected thereby; and, to this end, the provisions of
this code are declared to be severable.
(Ord. 367 § 3, 1953; 1953 Code § 0219)
Each person, firm or corporation shall be deemed guilty of a
separate offense for each day or portion thereof during which any
violation of any provision of this code is committed, continued or
permitted, by such person, firm or corporation, and shall be punishable
therefor as herein provided.
(Ord. 367 § 3, 1953; 1953 Code § 0312)
(a)
Any
person convicted of a misdemeanor under the provisions of this code
(unless otherwise provided herein) shall be punished by imprisonment
in the city jail, or in the county jail of Orange County, for a period
of not to exceed six months, or a fine of not to exceed one thousand
dollars, or by both such fine and imprisonment.
(b)
Any
person found guilty of an infraction shall be fined in accordance
with state law.
(Ord. 367 § 3, 1953; 1953 Code § 0313; Ord. 1059 § 3, 1984; Ord. 1084 §
3, 1985)
In addition to the penalties herein provided, any condition caused or permitted to exist in violation of any of the provisions of this code shall be deemed a public nuisance and may be in accordance with the provisions of Chapter 7.24 of this code.
(Ord. 367 § 3, 1953; 1953 Code § 0314; Ord. 1563 § 2, 2012)
Whenever a notice is required to be given under this code (unless
different provisions are otherwise specifically made herein) 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 or her last known business or residence address as the same
appears in the public records or other records pertaining to the matters
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.
(Ord. 367 § 3, 1953; 1953 Code § 0411)
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.
(Ord. 367 § 3, 1953; 1953 Code § 0412)
In addition to other penalties and procedures provided by law, upon a determination by a city official vested with the authority to enforce various provisions of this Laguna Beach Municipal Code that a violation of said code exists, he or she may issue an administrative citation pursuant to the provisions of Chapter 1.15.
(Ord. 1395 § 1, 2002; Ord. 1438 § 1, 2004)
