The city council finds that it is desirable and in the public interest to establish a municipal code in order to provide a scheme of organization for the classification and grouping of ordinances which the council may adopt. The council intends in adopting ordinances of a general and permanent nature to provide for their placement in accordance with the scheme of the code. This will provide the user with a convenient and logical compilation of the ordinances of the city.
(Ord. 2 § 1, 1981)
This code shall be known as the "Cathedral City Municipal Code." It shall be sufficient to refer to this code as the Cathedral City Municipal Code in any prosecution for the violation of any provision of this code. It shall also be sufficient to designate any ordinance adding to, amending, or repealing provisions of this code as an addition or amendment to, or a repeal of, the Cathedral City Municipal Code, or a portion thereof.
(Ord. 2 § 1, 1981)
The Cathedral City Municipal Code shall consist of all ordinances adopted by the city council which are of a general and permanent nature. An ordinance relating to any of the following subject matters is not considered an ordinance of general and permanent nature and need not be included within the municipal code:
A. 
The naming of streets or roads;
B. 
Granting, altering, or withdrawing franchises;
C. 
Levying real property tax;
D. 
Calling an election;
E. 
Annexation proceedings;
F. 
Interim zoning measure;
G. 
Zoning or rezoning a particular parcel of property;
H. 
Such other ordinances of a special or particular subject matter which the council considers are not appropriate to a general compilation of laws of a general and permanent nature.
(Ord. 2 § 1, 1981)
A. 
The ordinances of the city which are of a general and permanent nature shall be organized and grouped according to subject matter.
B. 
Ordinances which are adopted from time to time shall be classified and organized under the following scheme of titles:
1. 
General Provisions;
2. 
Administration and Personnel;
3. 
Revenue and Finance;
4. 
(Reserved);
5. 
Business Regulations;
6. 
Health and Sanitation;
7. 
(Reserved);
8. 
Buildings and Construction;
9. 
Planning and Zoning;
10. 
Animals;
11. 
Peace, Morals and Safety;
12. 
Vehicles and Traffic;
13. 
(Reserved);
14. 
Streets and Sidewalks;
15. 
Water and Sewers;
16. 
Miscellaneous County Ordinances Adopted by Reference.
(Ord. 2 § 1, 1981)
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 semiannually the city clerk shall cause the looseleaf 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. The reprinted pages shall be distributed in order that the looseleaf 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. 2 § 1, 1981)
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. 2 § 1, 1981)
Neither the adoption of this code nor the repeal by this code 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 or penalty on such effective date due and unpaid under such ordinance, nor be construed as affecting any of the provisions of such ordinances relating to the collection of any such license 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.
(Ord. 2 § 1, 1981)
If any chapter, section, sentence, clause or portion of this code is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof.
(Ord. 2 § 1, 1981)
This code shall refer only to the omission or commission of acts within the territorial limits of the city of Cathedral City 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. 2 § 1, 1981)
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.
(Ord. 2 § 1, 1981)
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.
(Ord. 2 § 1, 1981)
The title, chapter, article, 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, article, or section of this code.
(Ord. 2 § 1, 1981)
"Section" means a section of this code, unless some other source is specifically set forth. "Subsection" means a subsection of the section in which the term occurs, unless some other section is expressly set forth.
(Ord. 2 § 1, 1981)
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 the officer or employee or by a person otherwise duly authorized pursuant to the law or ordinance, unless this code expressly provides otherwise.
(Ord. 2 § 1, 1981)
"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, the notice, report, statement, or record shall be made in writing in the English language, unless this code expressly provides otherwise.
(Ord. 2 § 1, 1981)
Whenever any reference in this code is made to an ordinance, the reference shall apply to such ordinance of the city, unless this code expressly provides otherwise. Whenever any reference is made to any portion of this code, or ordinance of this city, the reference shall apply to all amendments and additions to this code.
(Ord. 2 § 1, 1981)
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. 2 § 1, 1981)
As used in this code, unless a different meaning is apparent from the context or is specified elsewhere in the code:
"Calendar year"
means from January 1st through December 31st of any given year.
"City"
means the city of Cathedral City.
"City manager"
means the appointed official of the city who occupies the position as chief administrative officer of the city.
"Council"
means the city council of the city of Cathedral City.
"Councilmember"
means a person duly elected to the council.
"County"
means the county of Riverside.
"Fiscal year"
means from July 1st of any given year through June 30th of the following year.
"Gender."
The masculine gender includes the feminine and neuter genders.
"Goods"
means and includes wares and merchandise.
"May"
is permissive.
"Month"
means a calendar month, unless otherwise expressed.
"Number."
The singular number shall include the plural, and the plural number includes the singular.
"Oath"
includes affirmation.
"Official time standard."
Wherever certain hours are named in this code, they shall mean standard time or daylight saving time as may be in current use in the city.
"Operate"
means and includes carrying on, keeping, conducting, or maintaining.
"Owner,"
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 the building or land.
"Person"
includes any person, firm, company, corporation, partnership, association, public corporation, political subdivision, city (except the city of Cathedral City), 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 of any thereof, unless this code expressly provides otherwise.
"Personal property"
includes money, goods, chattels, things in action, and evidences of debt.
"Police,"
"police chief" or "chief of police" 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.
"Property"
includes real and personal property.
"Quarterly,"
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.
"Real property"
includes land, tenements, and hereditaments.
"Sale"
includes any sale, exchange, barter, or offer for sale.
"Shall"
shall be mandatory.
"State"
means the state of California.
"Street"
includes all streets, highways, avenues, boulevards, alleys, courts, places, squares, 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.
"Tenant or occupant,"
applied to a building or land, includes any person who occupies the whole or a part of the building or land, whether alone or with others.
"Tense."
The present tense includes the past and future tense, and the future tense includes the present tense.
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.
(Ord. 2 § 1, 1981)
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 provisions of any ordinance of the city not included within this code. Any person violating any such provision 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 shall be guilty of an infraction, unless the violation is specifically designated as constituting a misdemeanor.
(Ord. 506 § 3, 1999)
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.
(Ord. 2 § 1, 1981)
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. 2 § 1, 1981)
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 provided in this section. 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 the 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. 2 § 1, 1981)
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 eighteen years, which shows service in conformity with this code or other provisions of law applicable to the subject matter concerned.
(Ord. 2 § 1, 1981)