This code shall be known and may be cited as the "Buena Park City Code." Part I of the Buena Park City Code shall consist of those codified ordinances of general municipal regulations and laws, and may be referenced to and cited as the Buena Park Municipal Code. Part II of the Buena Park City Code shall consist of those codified ordinances pertaining to the development of the city and its environs and may be referred to and cited as the Buena Park Development Code.
(Added during 1990 codification)
The provisions of this code, insofar as they are substantially the same provisions of existing ordinances relating to the same subject matter, shall be continued as restatements and continuations thereof and not as new enactments.
(Added during 1990 codification; Ord. 1267 § 5, 1991)
Neither the adoption of this code nor the repeal hereby of any ordinance of the city shall in any manner affect the prosecution for violation of any ordinance, which violation was committed prior to the effective date hereof, nor shall the same be construed as a waiver of any permit, license, fee, charge or penalty at such effective date required or due and unpaid under such ordinance, nor shall the same be construed as affecting any of the provisions of such ordinance relating to the collection of any such fee, charge or penalty, or the penal provisions applicable to any violation 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.
(Added during 1990 codification; Ord. 1267 § 6, 1991)
No action or proceeding commenced before this code takes effect, and no right accrued, is affected by the provisions of this code, but all procedures thereafter taken therein shall conform to the provisions of this code so far as possible.
(Added during 1990 codification; Ord. 1267 § 7, 1991)
No rights given by any license or certificate under any ordinance repealed by this code are affected by the enactment of this code, or by such repeal, but such rights shall hereafter be exercised according to this code.
(Added during 1990 codification; Ord. 1267 § 8, 1991)
The headings of the part, title, chapter, section and subsection headings contained in this code are intended to indicate the contents thereof and shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent thereof.
(Added during 1990 codification)
A. "Administrative officer" or "city manager" "City" or " this city" "Code" or "this code" Council. County. Day. Daytime, nighttime. "Goods" "In the city" "Month" "Oath" Officers, departments, and other agencies. Official time. "Operate" "Owner," "Person" "Personal property" Preceding, Following. Process" "Property" "Real property" "Sale" Signature or subscription by mark. State. "Street" Tenant or occupant. Week. "Writing" "Year"
Definitions. As used in this code:
means and includes the appointed official of the city who occupies the position as the chief administrative officer of the city.
means and shall be construed as if followed by the words "of Buena Park."
means the Buena Park City Code.
Whenever the words "council" or "city council" are used in this code, they mean the city council of the city of Buena Park.
"County" or "this county" means the county of Orange.
A "day" is the period of time between any midnight and the midnight following.
"Daytime" means the period of time between sunrise and sunset. "Nighttime" means the period of time between sunset and sunrise.
means and includes wares or merchandise.
means and includes all territory over which the city now has, or shall hereafter acquire, jurisdiction for the exercise of its police powers or other regulatory powers.
means a calendar month.
means and includes an affirmation.
Officers, departments, boards, commissions and employees referred to in this code means officers, departments, boards, commissions and employees of the city of Buena Park, unless the context clearly indicates otherwise.
Whenever certain hours are named in this code, they mean Pacific Standard time or Daylight Saving Time, as may be in current use in the city.
means and includes carry on, keep, conduct or maintain.
applied to a building or land, means and includes any part owner, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety of the whole or of a part of such building or land.
means and includes any person, firm, association, organization, partnership, business trust, corporation or company, and any municipal, political or governmental corporation, district, body or agency other than the city of Buena Park.
means and includes every species of property, except real property, as defined in this section.
"Preceding" and "following" mean next before and next after, respectively.
means and includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature.
means and includes real and personal property.
means and includes lands, tenements and hereditaments.
means and includes any sale, exchange, barter or offer for sale.
"Signature" or "subscription" means and includes a mark when the signer or subscriber cannot write, such signer's or subscriber's name being written near the mark by the witness who writes his or her own name near the signer's or subscriber's name; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses so sign their own names thereto.
"State" or "this state" means the state of California.
means and 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, means and includes any person holding a written or an oral lease of, or who occupies the whole or a part of such building or land, either alone or with others.
A "week" consists of seven consecutive days.
means and 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.
means a calendar year, except where otherwise provided.
B.
Interpretation of Language.
1.
Acts or omissions. 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, any law, or by reason of ownership or control of property. Whenever any act or omission is made unlawful, it includes causing, permitting, aiding, abetting, suffering or concealing such act or omission.
2.
Amendments. Whenever a reference is made to any portion of this code or to any ordinances of the city, the reference applies to all amendments and additions now or hereafter made.
3.
Computation of time. The time in which any act provided by law is to be done is computed by excluding the first day and including the last, unless the last day is a holiday, and then it is also excluded.
4.
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.
5.
Gender. The masculine gender includes the feminine and neuter.
6.
Joint authority. All words giving a joint authority to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.
7.
Number. The singular number includes the plural, and the plural the singular.
8.
Or, and. "Or" may be read "and" and "and" may be read "or" if the sense requires it.
9.
Shall and may. "Shall" is mandatory and "may" is permissive.
(Prior code § 1-2; amended during 1990 codification; Ord. 1475 § 2, 2005)
Words and phrases are to be construed according to the context and the approved usage of the language. Technical words and phrases, and such others as may have acquired a peculiar and specific meaning in the law, or are specifically defined herein, are to be construed in accordance with such peculiar and specific meaning or definition.
(Added during 1990 codification)
In accordance with the provisions of Section 36971 of the Government Code of the state, not less than one copy of this code shall be filed for use and examination by the public in the office of the city clerk. At least one copy, duly certified to by the city clerk, shall be maintained on file in that office. Copies thereof shall be distributed to the departments and divisions of the city as shall be prescribed by the city manager.
(Prior code § 1-7)
The city clerk shall, and is directed, to keep and maintain this code together with all amendments thereto as may hereinafter be adopted by the city council. All such amendments shall be published and distributed, pursuant to Section 1.00.100, by the city clerk on a timely and recurring basis, but at least once annually.
(Added during 1990 codification)
Whenever a notice is required to be given under this code, unless different provisions are otherwise specifically made in this code, 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 the person to be notified, at his or her 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 United States mail.
(Prior code § 1-8)
Proof of giving any notice required by this code may be made by the certificate of any officer or employee of the city, or by affidavit or declaration 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 § 1-9)
A.
Every license, permit, authorization or grant which is issued or given by the city or any of its officers, agents, employees, departments or agencies shall be contingent upon and shall be subject to the following condition:
The licensee, permittee, authorizee or grantee agrees, guarantees and promises to save, indemnify and keep harmless the city and all its officers, agents, employees, departments and agencies against all liabilities, judgments, costs and expenses which may in any manner or form accrue against the city or against any of its officers, agents, employees, departments or agencies in consequence of the issuance or granting of such license, permit, authorization or grant, or in consequence of the use or occupancy of any sidewalk, street or other public place, or in any otherwise by virtue thereof, and will in all things strictly comply with the conditions of the license, permit, authorization or grant, and with this code, all ordinances, rules and regulations of the city relating to the license, permit, authorization or grant.
B.
Whenever it is administratively proper, the city clerk and all officers, agents, employees, departments and agencies of the city shall print, type or write the condition stated above into every license, permit, authorization or grant substantially as it appears in this section.
(Prior code § 1-25)