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)
A.
In the construction of this code, and of all ordinances, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the Council.
B.
Interpretation of Gender. Wherever used in this code, a word importing the masculine gender only shall extend and be applied to females and to firms, partnerships and corporations as well as to males.
C.
Interpretation of Number. For the purposes of this code, the singular number shall include the plural and the plural number shall include the singular.
E.
Interpretation of "Shall," "May." For the purposes of this code, "shall" is mandatory and "may" is permissive.
F.
Interpretation of Tense. For the purposes of this code, the present tense includes the past and future tenses, and the future includes the present.
G.
In describing a list of examples, the term "include" or "including" shall be interpreted to mean "including but not limited to."
H.
References to any "person" shall refer to that person, or that person's successors in authority.
I.
If specific provisions of law referenced herein are renumbered, then the reference shall be read to refer to the renumbered provision.
(O2008 6)
As used in this code the following words and phrases mean as set out in this section. "Across" shall include along, in or upon.
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.
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.
means the "Napa Municipal Code" as defined by Chapter 1.01.
means the City Council of the City of Napa, California.
means the county of Napa, in the state of California.
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" is the period of time between sunrise and sunset. "Nighttime" is the period of time between sunset and sunrise.
means a sum of money imposed as a punishment for violation of this code.
includes wares, merchandise, articles and commodities of all kinds and descriptions.
means a calendar month.
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."
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."
The words "operate" or "engage in" shall include carry on, keep, conduct, maintain, or cause to be kept or maintained.
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.
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).
includes every species of property, except real property, as defined in this chapter.
includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature.
includes real and personal property.
includes lands, tenements and hereditaments.
includes any sale, exchange, barter or offer for sale.
"The state" or "this state" means the state of California.
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.
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.
A "week" consists of seven consecutive days.
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.
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.
means a calendar year unless otherwise provided.
(O2008 6)
A.
Official Time Applicable. Whenever certain hours are named in this code, they mean Pacific standard time or Pacific daylight-saving time, as may be in current use in the city.
B.
Computation of Time. Unless otherwise specifically provided, the time within which an act is required to be done shall be computed by excluding the first day and including the last; except, if the last day falls on a day that is not a working day, the last day shall be deemed to be the very next working day.
(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)
A.
All ordinances passed subsequent to this code, which amend, repeal or in any way affect this code, may be numbered in accordance with the numbering system of this code and printed for inclusion herein. When subsequent ordinances repeal any chapter, section or subsection or any portion thereof, such repealed portions may be excluded from said code by omission from reprinted pages. The subsequent ordinances as numbered and printed, or omitted in the case of repeal, shall be prima facie evidence of such subsequent ordinances.
B.
Amendments to any of the provisions of this code may be made by ordinance making specific reference to the section number of this code and setting forth in full the amendment as desired. In the event a new section not heretofore existing in the code is to be added, the code may be so amended by ordinance setting forth in full the new provisions as desired.
C.
All sections, articles, chapters or provisions desired to be repealed must be specifically repealed by section, article or chapter number, with reference to the subject matter, as the case may be.
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)
A.
The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect.
B.
The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding for violation of said ordinance pending at the time of the repeal.
(Rev. Code 1954 § 4)
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)
A.
Not less than three copies of this code shall be filed for use and examination by the public in the office of the City Clerk. Additional copies shall be distributed to the departments and divisions of the city as shall be prescribed by the City Manager.
B.
Upon the adoption of any amendment or addition to this code or upon the repeal of any of its provisions, the City Clerk shall certify thereto and shall make an appropriate notation in the bound volumes of such code of the taking of such action noting thereon the number of the ordinance pursuant to which such action is taken.
C.
Certified copies of every ordinance making changes in the code shall be filed in the office of the City Clerk in books for such purposes, conveniently indexed for ready reference.
D.
The City Clerk shall prepare or arrange for the preparation of printed copies of all changes in the code for insertion in loose-leaf copies thereof and for distribution in accordance with instructions of the City Manager. Every section of the code so changed shall have printed thereon a notation of the ordinance number by which such change is adopted.
(Rev. Code 1954 § 7)
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)
A.
Delegation of Authority. Whenever a provision appears in this code requiring the head of a department or other officer of the city to do some act or perform some duty, or granting some right to him or her as such official, it shall be construed to authorize such department head or officer to designate, delegate and authorize subordinates to do the required act or perform the required duty, or it shall grant to them such right, unless the terms of the provisions designate otherwise.
B.
Exercise of Joint Authority. Whenever in this code a joint authority is given to three or more persons or officers, it shall be construed as giving such authority to a majority of them.
(Rev. Code 1954 § 205)
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)