The ordinances embraced in the following chapters and sections
shall constitute and be designated as the "Napa Municipal Code," and
may be so cited.
(Rev. Code 1954 § 1)
As used in this code the following words and phrases mean as
set out in this section. "Across" shall include along, in or upon.
"Charter" or "City Charter"
means the Charter of the City of Napa in effect on the first
Monday in June, 1915, at 12:00 noon, and all duly adopted amendments
thereto.
"City," "the city" or "this city"
means the City of Napa, California. The words "in the city"
mean and include all territory over which the city now has or shall
hereafter acquire jurisdiction for the exercise of its police powers
or other regulatory powers.
"Council"
means the City Council of the City of Napa, California.
"Day"
means the period of time between any midnight and the midnight
following. As used in this code, a day shall be a calendar day unless
specifically provided otherwise.
"Daytime, nighttime."
"Daytime" is the period of time between sunrise and sunset.
"Nighttime" is the period of time between sunset and sunrise.
"Goods"
includes wares, merchandise, articles and commodities of
all kinds and descriptions.
"Oath"
shall be construed to include an affirmation in all cases
in which, by law, an affirmation may be substituted for an oath, and
in such cases, the words "swear" and "sworn" shall be equivalent to
the words "affirm" and "affirmed."
"Officials, officers, departments,"
Etc. Whenever reference is made to officials, boards, commissions,
departments or other municipal agents by title only, such reference
shall be read as though followed by the words "of the City of Napa,
California."
"Operate, engage in."
The words "operate" or "engage in" shall include carry on,
keep, conduct, maintain, or cause to be kept or maintained.
"Owner,"
applied to real estate shall include any part owner, joint
owner, tenant in common, tenant in partnership, joint interest or
other fee interest in the whole or a part of such real estate.
"Person"
means any human person, as well as any other form of legal
entity (including a corporation, partnership, joint venture, limited
liability company, or sole proprietorship).
"Personal property"
includes every species of property, except real property,
as defined in this chapter.
"Process"
includes a writ or summons issued in the course of judicial
proceedings of either a civil or criminal nature.
"Sale"
includes any sale, exchange, barter or offer for sale.
"State."
"The state" or "this state" means the state of California.
"Street"
includes streets, avenues, boulevards, roads, alleys, lanes,
viaducts and all other public ways in the city and shall include all
parts thereof constituting the designated right-of-way.
"Tenant, occupant."
The word "tenant" or "occupant," applied to a building or
land, shall include any person holding a written or an oral lease,
or who occupies the whole or a part of, such building or land, either
alone or with others.
"Week."
A "week" consists of seven consecutive days.
"Working day" (or "business day")
means any day on which the office of the City Clerk is open
to the general public. Thus, a working day (or "business day") shall
specifically exclude any Saturday, Sunday, or city holiday as determined
by the City Council. This definition of "working day" (or "business
day") may be modified by a more particular reference in a city ordinance,
resolution, or contract.
"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, it shall be made in
writing in the English language, unless expressly provided otherwise.
"Year"
means a calendar year unless otherwise provided.
(O2008 6)
As used in this code, "signature" or "subscription" includes
a mark when the signer or subscriber cannot write, such signer's or
subscriber's name being written near the mark by a witness who signs
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.
Each city ordinance shall be introduced, adopted, and made effective
in accordance with the provisions of City Charter Sections 61 through
65, and in accordance with the requirements of this section. The city
specifically exercises its constitutional "home rule" authority as
a charter city pursuant to California Constitution Article XI, Section
5, to supersede provisions applicable to general law cities that conflict
with this section.
A. The
reading of ordinances, as required by City Charter Section 62, may
be presented to City Council in written form or orally announced to
the City Council, as established by Council policy resolution.
B. Unless
otherwise required by law, any ordinance of the City Council must
be approved by a majority vote of the quorum of the City Council in
attendance at a Council meeting, as established by Council policy
resolution.
C. Each
city ordinance shall be effective 30 days after the date of its passage
and adoption, except:
1. An
emergency measure may be immediately introduced, adopted, and effective
with one reading; provided four members of City Council adopt the
ordinance and determine the ordinance is for the immediate preservation
of the public peace, property, health or safety (pursuant to Charter
Section 62).
2. An
ordinance calling or otherwise relating to an election.
3. An
ordinance relating to street improvement proceedings.
4. An
ordinance governed by particular provisions of state law prescribing
the manner of their passage and adoption, to the extent the state
law provisions are not superseded by the city's constitutional home
rule authority.
D. Each
city ordinance shall be published in accordance with Council policy
resolution.
(O2008 6)
The catchlines of the several sections of this code printed
in boldface type are intended as mere catchwords to indicate the contents
of the section and shall not be deemed or taken to be titles of such
sections, nor as any part of the section, unless otherwise expressly
provided, nor, unless expressly so provided, shall they be so deemed
when any of such sections, including the catchlines, are amended or
reenacted.
(Rev. Code 1954 § 202)
All ordinances of a general and permanent nature enacted by
the Council or by initiative or referendum shall be incorporated into
this code in such manner as shall be designated by said ordinances.
(Rev. Code 1954 § 2102)
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 references
shall be construed to apply to the corresponding provisions contained
within this code.
(Rev. Code 1954 § 5)
The provisions appearing in this code, so far as they are the
same as those of ordinances existing at the time of the effective
date of this code, shall be considered as continuations thereof insofar
as they apply to conditions existing prior to the effective date of
this code.
(Rev. Code 1954 §§ 1, 2)
It is declared to be the intention of the Council that the sections,
paragraphs, sentences, clauses and phrases of this code are severable,
and if any phrase, clause, sentence, paragraph or section of this
code shall be declared unconstitutional, invalid or unenforceable
by the valid judgment or decree of a court of competent jurisdiction,
such unconstitutionality, invalidity or unenforceability shall not
affect any of the remaining phrases, clauses, sentences, paragraphs
and sections of this code.
(Rev. Code 1954 § 6)
This code shall not be construed to impose on the city, its
officers, employees or agents any greater liability than that required
by law. The use of the word "shall" in any provision of this code
is not intended to impose upon the city, its officers, employees or
agents, a mandatory duty of care toward persons or property within
the city so as to provide a basis of civil liability for damages.
This code specifically preserves all immunities provided under the
law to a public entity, its officers, employees and agents.
(O2980)
In the interpretation and application of any provision of this
code, it shall be held to be the minimum requirement adopted for the
promotion of the public health, safety, comfort, convenience and general
welfare. Where any provision of this code imposes greater restrictions
upon the subject matter than any general provisions imposed by this
code, the provisions imposing the greater restriction or regulation
shall be applicable.
Whenever in this code any act or omission is made unlawful,
it shall include causing, permitting, aiding, abetting, suffering
or concealing the fact of such act or omission.
(Rev. Code 1954 § 204)
It is unlawful for any person to change or amend by additions
or deletions, any part or portion of this code or to insert or delete
pages, or portions thereof, or to alter or tamper with such code in
any manner whatsoever which will cause the law of the city to be misrepresented
thereby.
Each city resolution shall be adopted and made effective in
accordance with the requirements of this section. The city specifically
exercises its constitutional "home rule" authority as a charter city
pursuant to California Constitution Article XI, Section 5, to supersede
provisions applicable to general law cities that conflict with this
section.
A. Unless otherwise required by law, and unless otherwise specifically stated on the city resolution, each city resolution shall be effective immediately upon adoption by the City Council in accordance with this Section
1.04.200.
B. Unless
otherwise required by law, any resolution of the City Council must
be approved by a majority vote of the quorum of the City Council in
attendance at a Council meeting, as established by Council policy
resolution.
(O2008-6)