This code shall be known as the "Stanton Municipal Code" and it shall be sufficient to refer to the code as the "Stanton Municipal Code" in any prosecution for the violation of any provision thereof or in any proceeding at law or equity. It shall also 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 of, or repeal of the "Stanton Municipal Code." Further reference may be had to the titles, chapters, sections and subsections of the "Stanton Municipal Code" and such reference shall apply to that numbered title, chapter, section or subsection as it appears in that code.
(Prior code § 1.01.020; Ord. 561 § 2, 1982)
Whenever a reference is made to this code as the "Stanton Municipal Code" or to any portion thereof, or to any section of the ordinances of Stanton, California, that reference shall apply to all amendments, corrections and additions heretofore, now, or hereafter made.
(Prior code § 1.01.030; Ord. 561 § 3, 1982)
This code consists of all of the regulatory and penal ordinances and certain of the administrative ordinances codified pursuant to Sections 50022.1 through 50022.10 of the Government Code of the state of California.
(Prior code § 1.01.040; Ord. 561 § 4, 1982)
Unless the context otherwise requires, the following words and phrases where used in the ordinances of the city of Stanton shall have the meaning and construction given in this section:
"Across"
includes along, in or upon.
"City"
means the city of Stanton.
"City council"
means the city council of the city of Stanton.
"Code"
means the Stanton Municipal Code.
"County"
means the county of Orange.
"Ex officio"
means by virtue of office.
"Fire chief" or "fire official"
means the head of the agency or division which at the time involved has responsibility for performing the fire fighting and protection services for, or within, the city, including but not limited to the battalion chief of the Orange County fire authority or his/her duly appointed designated representative.
Gender.
The masculine gender includes the feminine and neuter.
"Goods"
includes wares and merchandise.
Number.
The singular number includes the plural, and the plural includes the singular.
"Oath"
means affirmation.
"Operate" or "engage in"
includes carry on, keep, conduct, maintain, or cause to be kept or maintained.
"Owner"
when pertaining to a building or land includes any part owner, joint owner, tenant in common, or joint tenant of the whole or part of such 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 of any of them.
"Police"
means the Orange County sheriff department when under contract to perform the law enforcement function of the city. "Chief of police" means the sheriff of the county of Orange or his/her duly appointed designated representative pursuant to Section 2.48.030 herein.
"Sale"
includes any sale, exchange, barter or offer for sale.
Shall, may.
"Shall" is mandatory. "May" is permissive.
"State"
means the state of California.
"Street"
includes all streets, highways, public roads, county roads, avenues, lanes, alleys, courts, places, squares, curbs, sidewalks, parkways, or other public ways in Stanton 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"
when pertaining to a building or land includes any person who occupies the whole or part of such building or land, whether alone or with others.
Tenses.
The present tense includes the past and future tenses, and the future tense includes the present tense.
Title of office.
The use of the title of any officer, employee, department, board or commission means that officer, employee, department, board or commission of the city.
(Prior code § 1.01.050; Ord. 561 § 5, 1982; Ord. 789 § 1, 1997)
Title, chapter 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 or section of this code.
(Prior code § 1.01.060; Ord. 561 § 6, 1982)
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 § 1.01.070; Ord. 561 § 7, 1982)
Neither the adoption of this code nor the repeal or amendment by this code of any ordinance or any part 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 of adoption of this code, 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, 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 § 1.01.080; Ord. 561 § 8, 1982)
A. 
The city manager, shall designate in writing those non-peace officer employees of the city to be vested with the power and authority to arrest any person who violates any provision of this code whenever any of said employees have reasonable cause to believe that the person to be arrested has committed a misdemeanor or infraction in his/her presence which is a violation of this code.
B. 
Provided the person arrested does not demand to be taken before a magistrate the employee making the arrest shall prepare a written notice to appear and release the person on his promise to appear (Penal Code Section 836.5).
C. 
Any such employee shall not physically restrain any person in the course of enforcing this code.
(Ord. 564 § 1, 1982; Ord. 677 § 3, 1988)
A. 
Notwithstanding any provision of this code to the contrary, any action to contest or review any decision of the city, its council commissions, boards, or officers shall be filed with a court of competent jurisdiction not later than the ninetieth day following the date on which the decision becomes final.
B. 
Notwithstanding any provision in this code to the contrary, all decisions rendered by the city, its council, commissioners, boards, or officers prior to the effective date of this section, but which are still subject to judicial review, may be contested or reviewed only if an appropriate action is filed in a court of competent jurisdiction no later than the ninetieth day following the effective date of this section.
C. 
As used in this section, "decision" means an adjudicatory administrative decision made after hearing which suspends, demotes, or dismisses an officer or employee; revokes or denies an application for a permit, license, or other entitlement; imposes a civil or administrative penalty, fine, charge, or cost; or denies an application for any retirement benefit or allowance.
D. 
With respect to decisions governed by this section, notice shall be given to all parties to such decisions that the time within which judicial review must be sought is governed by this section.
E. 
It is the intent of this section to implement the terms of Code of Civil Procedure Section 1094.6, which is incorporated in this section by this reference.
F. 
If any part of this section is found to be invalid, such part shall be deemed to be severable and shall not affect the validity of the remaining parts of this section.
(Prior code § 1.01.150; Ord. 492 § 2, 1977; Ord. 789 § 2, 1997)