There is adopted the recodified city of Moreno Valley Municipal
Code, as compiled, edited and published by Book Publishing Company,
Seattle, Washington, a copy of which is on file in the office of the
city clerk, for public inspection.
(Ord. 527 § 1, 1997)
This code is and shall be known as the city of Moreno Valley
Municipal Code, and it shall be sufficient to refer to such code as
the city of Moreno Valley 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 city
of Moreno Valley Municipal Code. References may be made to the titles,
chapters, sections and subsections of the city of Moreno Valley Municipal
Code, and such references shall apply to those titles, chapters, sections
or subsections as they appear in the code.
(Ord. 527 § 2, 1997)
At least three copies of this code, duly certified by the city
clerk, shall be maintained on file in the office of the city clerk
as official copies of this code. Additional copies of this code shall
be distributed to the departments of the city as shall be prescribed
by the city manager.
Duly certified copies of each ordinance making a change in this
code shall be filed in the office of the city clerk in books for such
purpose, duly indexed for ready reference.
At least semi-annually the city clerk shall cause the loose
leaf pages of this code in which changes have been made to be reproduced,
including a notation as to the ordinance number and the date pursuant
to which such change is adopted. Such reprinted pages shall be distributed
in order that the loose leaf copies of this code, prepared for the
use and convenience of the officers and employees of the city and
the general public, may be brought up to date.
(Ord. 3 § 1, 1984)
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 city ordinances
shall be interpreted to refer to the appropriate or designated officer
or office of the city, 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 city, or to the person or agency performing the function for
the city.
(Ord. 3 § 1, 1984)
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 city or within the territory currently
comprising the city, 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 § 1, 1984)
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.
(Ord. 3 § 1, 1984; Ord. 527 § 7, 1997)
This code shall refer only to the omission or commission of
acts within the territorial limits of the city of Moreno Valley and
that territory outside of the 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. 3 § 1, 1984)
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. Portions of this code have been
adopted from the Riverside County Code. To the extent that any section,
subsection, sentence, clause or phrase of this code is in conflict
with the Riverside County Code provisions so adopted, the later-adopted
portion of this code shall control and shall take precedence over
the inconsistent portions of the Riverside County Code.
(Ord. 3 § 1, 1984)
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 the
following sections of 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.
(Ord. 3 § 1, 1984)
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.
(Ord. 3 § 1, 1984; Ord. 527 § 4, 1997)
means a section of this code, unless some other source is
specifically set forth.
means a subsection of the section in which the term occurs,
unless some other section is expressly set forth.
(Ord. 3 § 1, 1984)
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.
(Ord. 3 § 1, 1984)
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.
(Ord. 3 § 1, 1984)
Whenever a reference is made to this code as the city of Moreno
Valley Municipal Code or to any portion thereof, or to any ordinance
of the city of Moreno Valley, California, codified in this code, the
reference shall apply to all amendments, corrections and additions
heretofore, now or hereafter made.
(Ord. 527 § 3, 1997)
Whenever any reference in this code is made to an ordinance
or regulation, unless expressly provided otherwise, the reference
shall apply to such ordinance or regulation of the city. Whenever
any reference is made in this code to any state or federal statute
or regulation, or to any portion of this code, or to any ordinance
or regulation of the city, the reference shall, unless expressly provided
otherwise, apply to all amendments, re-enactments, corrections and
additions heretofore, now, or hereafter added to such statute, regulation,
portion or ordinance.
(Ord. 3 § 1, 1984; Ord. 363 § 1.1, 1992)
The provisions of this code shall not in any manner affect 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. 527 § 5, 1997)
References in city forms, documents and regulations to the chapters
and sections of the former city code shall be construed to apply to
the corresponding provisions within this code.
(Ord. 527 § 6, 1997)
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 as such limitation.
(Ord. 3 § 1, 1984)
As used in this code, unless a different meaning is apparent
from the context or is specified elsewhere in the code:
means from January 1st through December 31st of any given
year.
means the city of Moreno Valley.
means the appointed official of the city who occupies the
position as chief administrative officer of the city.
means the city council of the city of Moreno Valley.
means a person duly elected to the council.
means the county of Riverside, California, or the area within
the limits of Riverside County, and such territory outside of Riverside
County over which the county has jurisdiction or control by virtue
of any constitutional or statutory provisions.
means from July 1st of any given year through June 30th of
the following year.
The masculine gender shall include the feminine and neuter
genders.
means and includes wares and merchandise.
shall be permissive.
means a calendar month, unless otherwise expressed.
The singular number shall include the plural, and the plural
number shall include the singular.
includes affirmation.
Wherever certain hours are named in this code, they mean
standard time or daylight saving time as may be in current use in
the city.
means and includes carrying on, keeping, conducting or maintaining.
applied to a building or land, includes any part owner, joint
owner, tenant, tenant in common, or joint tenant of the whole or a
part of such building or land.
includes any natural person, firm, company, corporation,
club, trust or similar organization, partnership, association, public
corporation, political subdivision, city (except the city of Moreno
Valley), the county of Riverside, any district in the county of Riverside,
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, unless this code expressly provides otherwise.
includes money, goods, chattels, things in action, and evidences
of debt.
means the agency which performs the appropriate law enforcement
function for the city, 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 city.
includes real and personal property.
where used to designate a period of time, means the first
three calendar months of any given year or any succeeding period of
three calendar months.
includes land, tenements and hereditaments.
includes any sale, exchange, barter or offer for sale.
shall be mandatory.
means the state of California.
includes all streets, highways, avenues, boulevards, alleys,
courts, places, squares, curbs or other public ways in the 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 the state.
applied to a building or land, includes any person who occupies
the whole or a part of such building or land, whether alone or with
others.
The present tense shall include the past and future tense,
and the future tense shall include the present tense.
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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.
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(Ord. 3 § 1, 1984)
A.
It is
unlawful for any person to violate any provision or to fail to comply
with any of the requirements of this code or the provisions of any
code adopted by reference by this code or any provision of any ordinance
of the city not included within this code or any condition of any
permit or approval issued pursuant to this code. Any person violating
any of such provisions or failing to comply with any of the mandatory
requirements of this code or any code adopted by reference by this
code or any other city ordinance or permit or approval condition shall
be guilty of a misdemeanor, unless such violation is specifically
designated as constituting an infraction.
B.
Each
such person shall be guilty of a separate offense for each and every
day during any portion of which any violation of any provision of
this code, or any provision of any code adopted by reference by this
code, or of any other city ordinance or permit or approval condition,
is committed, maintained, continued, or permitted by such person,
and may be punished accordingly.
C.
Any
provision or requirement of this code or otherwise as referred to
above, the violation of which or the failure to comply with which,
is designated as an infraction, may be prosecutable as a misdemeanor
after a third conviction, nolo contender plea, or final determination
on an administrative or civil citation.
D.
Notwithstanding the above provisions, a violation of any provision of this code or any code adopted by reference by this code, or any other city ordinance or permit condition may be charged as an infraction in the discretion of the city attorney and may be the subject of a civil citation pursuant to Chapter 1.10 of this code.
(Ord. 3 § 1, 1984; Ord. 772 § 1, 2008)
Whenever in this code any act or omission is made unlawful,
it shall include causing, maintaining, allowing, permitting, aiding,
abetting, suffering or concealing the fact of such act or omission.
(Ord. 3 § 1, 1984; Ord. 772 § 1, 2008)
Any violation expressly declared to be punishable, in the discretion
of the court, by either a fine, or by a fine or imprisonment, or both,
shall become an infraction for all purposes under any of the following
circumstances:
A.
Where
a judgment imposes a punishment of a fine not exceeding $50 in the
case of a first offense; or
B.
When
the court grants probation to a defendant without the imposition of
a sentence and, at the time of granting probation, or on application
of the defendant or probation officer thereafter, the court declares
the offense to be an infraction; or
C.
When
the city attorney or any deputy district attorney files in a court
having jurisdiction over misdemeanor offenses a complaint specifying
that the offense is an infraction.
(Ord. 3 § 1, 1984)
A.
Any
person convicted of a misdemeanor under the provisions of this code
shall be punishable by a fine of not more than $1,000, or by imprisonment
in the county jail for a period not exceeding six months, or by both
such fine and imprisonment.
B.
Any
person convicted of an infraction under the provisions of this code
shall be punishable for a first conviction by a fine of not more than
$100, for a second conviction within a period of one year by a fine
of not more than $200, and for a third or any subsequent conviction
within a period of one year by a fine of not more than $500.
(Ord. 3 § 1, 1984; Ord. 295 § 1, 1990; Ord. 509 § 3.1, 1997)
A.
In addition
to other penalties provided by law, any condition caused or permitted
to exist in violation of any provision of this code, or any such threatened
violation, shall be deemed a public nuisance and may be abated as
such by the city in accordance with applicable statutes.
B.
Also, any such violation or threatened violation as referred to in subsection A of this section, or any condition caused or permitted to exist in violation of any of the provisions of any code adopted by reference by this code, or of the provisions of any other city ordinance, shall be deemed a public nuisance which may be abated by the city attorney in a civil judicial action.
(Ord. 3 § 1, 1984)
The violation of, or the failure or omission to perform in accordance
with, any administrative provision of this code by any officer or
employee of the city shall generally not be considered a criminal
act, but may be deemed a failure to perform the duties or to observe
the rules or regulations of the department, office, commission or
board within the meaning of the rules and regulations of the city,
or of the civil service regulations of the city if applicable.
(Ord. 3 § 1, 1984)
Whenever a notice is required to be given, or may be given,
under any provision of this code or any provision of any code adopted
by reference by this code or any provision of any ordinance or resolution
of the city not included within this code, such notice may be given
as herein provided. Unless different or special provisions are otherwise
specifically made in this code or in some other applicable enactment,
any 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 that person's last known business 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 or
in the official receptacle thereof.
(Ord. 3 § 1, 1984)
Proof of giving any notice may be made by the certificate of
any officer or employee of this city or by the affidavit or declaration
under penalty of perjury of any person over the age of 18 years, which
shows service in conformity with this code or other provisions of
law applicable to the subject matter concerned.
(Ord. 3 § 1, 1984)
