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ORDINANCE NO. 00-578
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AN ORDINANCE OF THE CITY OF WEST HOLLYWOOD ADOPTING THE WEST
HOLLYWOOD MUNICIPAL CODE (2000 EDITION) WHICH IS A RECODIFICATION
OF THE 1985 EDITION; TOGETHER WITH THE SECONDARY CODES ADOPTED BY
REFERENCE AND A PART OF THE RECODIFICATION, INCLUDING THE COUNTY OF
LOS ANGELES PUBLIC HEALTH LICENSING CODE (DIVISION 1 OF TITLE 8);
THE CONSUMER PROTECTION AND BUILDING REGULATIONS CODE (DIVISION 2
OF TITLE 8); THE ANIMAL CODE (TITLE 10); THE HEALTH CODE (DIVISION
1 OF TITLE 11); THE GENERAL HAZARDS CODE (DIVISION 2 OF TITLE 11);
THE VEHICLE nb S AND TRAFFIC CODE (TITLE 15); THE HIGHWAY PERMITS
CODE (DIVISION 1 OF TITLE 16); THE SANITARY SEWERS AND INDUSTRIAL
WASTE CODE (DIVISION 2 OF TITLE 20); THE FLOOD CONTROL DISTRICT PROPERTY
AND FACILITIES, CHANNELS CODE (CHAPTER 20.94 OF DIVISION 5 OF TITLE
20); THE SUBDIVISION CODE (TITLE 21); AND THE UNIFORM BUILDING CODE,
THE NATIONAL ELECTRICAL CODE, THE UNIFORM MECHANICAL CODE, THE UNIFORM
PLUMBING CODE AND THE UNIFORM FIRE CODE (ADOPTED BY THE COUNTY OF
LOS ANGELES ON JULY 1, 1999, AS ADOPTED BY THE CALIFORNIA CODES 1998
EDITION); AND PRESCRIBING CERTAIN PENALTIES FOR VIOLATION OF THE PROVISIONS.
OF THE RECODIFIED CODE; AND REPEALING THE 1985 EDITION OF THE WEST
HOLLYWOOD CODE
THE CITY COUNCIL OF THE CITY OF WEST HOLLYWOOD DOES HEREBY RESOLVE,
DETERMINE AND ORDER AS FOLLOWS:
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Section 1. Findings and Intent.
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A.
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The City Council desires to adopt a Recodification of the 1985
West Hollywood Municipal Code, as amended through April 20, 2000 (through
and including Ordinance No. 00-561U);
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B.
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Amendments to the West Hollywood Municipal Code which have not
been previously adopted are set out in Exhibit A to this Ordinance,
which exhibit is attached hereto and made a part of this Ordinance,
and have been integrated into the newly codified Code and will take
effect with adoption of the Code;
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C.
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The City's Zoning Ordinance, formerly Article IX, Chapter 1
of the West Hollywood Municipal Code, is adopted as is, without substantive
amendment;
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D.
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The City Council finds recodification of the existing Code along
with the amendments set forth in Exhibit A to this Ordinance does
not have any potential for significant environmental impact, and that
adoption of this Ordinance is exempt from consideration under the
California Environmental Quality Act;
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E.
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The City Council desires to adopt current versions of the Secondary
Codes designated herein as set forth in this Recodification;
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F.
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The City has on file in the Office of the City Clerk, for public
inspection, a copy of the West Hollywood Municipal Code, 2000, Recodification,
together with a copy of each of the secondary Codes adopted herein
by reference, with each copy thereof certified as a true copy by the
City Clerk; and
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G.
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The City Council has conducted a duly noticed public hearing
at which time it heard and considered public testimony regarding recodification
of the Code.
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Section 2. The 2000 West Hollywood Municipal
Code is hereby adopted by reference as a Recodification of the comprehensive
1985 Code, as amended. pursuant to the provisions of Sections 50022.1
through 50022.10 of the California Government Code.
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Section 3. Except as otherwise provided
in this Ordinance and the 2000 Recodification of the West Hollywood
Municipal Code, all provisions of the 1985 Code are hereby repealed
on the effective date of this Ordinance.
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Section 4. The Council hereby adopts
by reference the following Secondary Codes as a part of this Recodification.
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(a)
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The following Los Angeles County Codes:
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THE PUBLIC HEALTH LICENSING CODE (Division 1 of Title 8);
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THE CONSUMER PROTECTION AND BUILDING REGULATIONS CODE (Division
2 of Title 8);
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THE ANIMAL CODE (Title 10);
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THE HEALTH CODE (Division 1 of Title 11 );
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THE GENERAL HAZARDS CODE (Division 2 of Title 11);
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THE VEHICLES AND TRAFFIC CODE (Title 15);
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THE HIGHWAY PERMITS CODE (Division 1 of Title 16);
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THE SANITARY SEWERS AND INDUSTRIAL WASTE CODE (Division 2 of
Title 20);
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THE FLOOD CONTROL DISTRICT PROPERTY AND FACILITIES, CHANNELS CODE (Chapter 20.94 of Division 5 of Title 20);
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THE SUBDIVISION CODE (Title 21); and
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THE UNIFORM BUILDING CODE;
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THE NATIONAL ELECTRICAL CODE;
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THE UNIFORM MECHANICAL CODE;
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THE UNIFORM PLUMBING CODE; and
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THE UNIFORM FIRE CODE (Uniform Codes were adopted by the County
of Los Angeles on July 1, 1999, as adopted by the California Codes
1998 Edition).
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Section 5. The penalty provisions in this Recodification are included as Article 010, Chapter 08, Title 1, and in accordance with California Government Code Section 50022.4 are hereby set forth in this Ordinance:
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1.08.010 Classification of Offenses – Definitions.
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No person shall violate any provisions or fail to comply with
any of the requirements of this code. Violations of this code are
punishable as set forth in this section.
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a.
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Misdemeanor. Any person violating any of the provisions or failing
to comply with any of the requirements of this code shall be guilty
of a misdemeanor unless such violation or failure to comply is expressly
stated by this code to be an infraction or is subject to a civil administrative
penalty pursuant to subsection (e) of this section. 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. 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 is committed, continued or permitted by
such person and shall be punishable accordingly.
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b.
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Infractions. Any person violating any provision or failing to
comply with any mandatory requirement of this code expressly stated
by this code to be an infraction shall be guilty of an infraction.
Except as otherwise provided in this code, any person convicted of
an infraction shall be punishable by:
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1.
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A fine of $100 for the first violation;
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2.
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A fine of $200 for a second violation of the same provision
of this code within one year;
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3.
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A fine of $500 for a third violation of the same provision of
this code within one year.
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Each 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 is committed, continued or permitted by such person and
shall be punishable accordingly.
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An infraction is not punishable by imprisonment. A person charged
with an infraction shall not be entitled to have the public defender
or other counsel appointed at public expense to represent him or her
unless he or she is arrested and not released on his or her written
promise to appear, on his or her own recognizance, or a deposit of
bail.
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c.
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Reclassification of Offenses. A violation of any code section
listed in subsection (d) of this section is a misdemeanor, but may
be charged as an infraction subject to the procedures in subsection
(b) of this section when:
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1.
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The prosecutor files a complaint charging the offense as an
infraction, unless the defendant, at the time he or she is arraigned,
after being informed of his or her rights, elects to have the case
proceed as a misdemeanor; or
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2.
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The court, with the consent of the defendant, determines that
the offense is an infraction. In that event, the case shall proceed
as if the defendant had been arraigned on an infraction complaint.
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d.
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Misdemeanor Offenses Which May Be Treated as Infractions, The offenses described in the following chapters and sections of this code are subject to the provisions of subsection (c) of this section: Chapter 5.108, Taxicab Regulations; Section 9.04.020; subsection (a) of Section 9.04.030; Sections 9.04.040, 9.04.050, 9.04.080, 9.04.090, 9.04.120; Chapter 9.08; Section 10.32.010 of the Los Angeles County Code as adopted through Chapter 9.48 of this code; Section 11.16.050 of the Los Angeles County Code as adopted through Chapter 11.04 of this code; Chapters 15.16 through 15.48 of this code, Solid Waste.
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e.
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Code Violations Subject to Administrative Penalty Procedures Pursuant to This Chapter. The offenses described in the following chapters and sections of this code are subject to the provisions of Sections 1.08.030 through 1.08.070 of this chapter: Chapter 3.36, Business License Tax Ordinance; Chapter 5.04, Business License Ordinance; Chapter 5.108, Taxicab Regulations; Sections 9.08.040 and 9.08.050; Section 10.32.010 of the Los Angeles County Code as adopted through Chapter 9.48 of this code; Sections 9.48.030 and 9.48.040; Sections 15.64.420 and 15.64.440 of the Los Angeles County Code as adopted through Chapter 10.04 of this code and amended by Section 10.04.030; Chapter 11.24; Sections 15.20.010, 15.20.020, 15.20.030, 15.20.050, 15.20.060, 15.20.070, 15.24.010, 15.24.020, 15.24.030, 15.24.040, 15.24.050, 15.24.130, 15.28.010, 15.28.020, 15.28.030, 15.28.040, 15.28.060, 15.28.070, 15.28.080, 15.28.100, 15.28.120, 15.32.010, 15.32.020, 15.32.040, 15.32.050; Chapter 15.36; Title 19, Zoning Ordinance.
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f.
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Administrative Penalty. An administrative penalty shall be assessed
by means of an administrative citation issued by an enforcement officer,
and shall be payable directly to the City Treasurer. Penalties shall
be set forth in a penalty schedule established by resolution of the
City Council. A portion of each penalty shall constitute reimbursement
for the city's administrative expenses in issuing and processing the
citation. Penalties shall be collected in accordance with the procedures
specified in this chapter. Payment of a penalty shall not excuse the
failure to correct the violation nor shall it bar further enforcement
action by the city. In the case of violations of the building, plumbing
or electrical codes, an administrative citation shall not be issued
until after the responsible party has been provided notice and a reasonable
opportunity to correct the violation, and has failed to do so.
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g.
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Administrative Citations Which May Be Treated as Misdemeanors.
Any person who violates the same provision, or fails to comply with
the same requirement, of the sections of this code set forth in subsection
(e) of this section more than three times within a twelve-month period
shall be guilty of a misdemeanor for each violation committed thereafter
within that same twelve-month period. Any person who violates or fails
to comply with the sections of this code set forth in subsection (e)
of this section and who possesses no photo identification or refuses
to identify him or herself to an enforcement officer, making it impossible
to issue an administrative citation, shall be guilty of a misdemeanor.
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h.
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Public Nuisance. In addition to the penalties hereinabove provided
in subsections (a), (b) and (f) of this section, any condition caused
or permitted to exist in violation of any of the provisions of this
code shall be deemed a public nuisance and may be summarily abated
as such, and every day such condition continues shall be regarded
as a new and separate offense.
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Section 6. Nothing contained in this
Ordinance is intended to affect the validity of Ordinance Nos. 00-563U,
00-564U, 00-565, 00-566, 00-567, 00-568, 00-569U, 00-570, 00-571 00-572,
00-573, 00-574, 00-575, 00-576 and 00-577 and following, which Ordinances
the City Clerk is hereby directed to cause to be incorporated into
the West Hollywood Municipal Code – 2000 Edition. 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. Duly certified
copies of every Ordinance making changes in such code shall be flied
in the office of the City Clerk in books for such purpose, duly indexed
for ready reference. The City Clerk is directed to incorporate in
regular supplements to the West Hollywood Municipal Code – 2000
Edition, all amendments, additions or deletions adopted by the City
Council.
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Section 7. The repealing provisions of
this Ordinance shall not affect or impair any act done, or right vested
or approved, or any proceeding, suit or prosecution which has occurred
or commenced in any cause before the repealing provisions of this
Ordinance shall take effect; but every such act, vested right, proceeding,
suit or prosecution shall remain in full force and effect for all
purposes as if the applicable provisions of the 1985 Code had remained
in full force and effect. No offense committed and no liability, penalty
or forfeiture, either civil or criminal, incurred prior to the repeal
or alteration of any applicable provision of the 1985 Code as amended,
shall be discharged or affected by such repeal or alteration but prosecutions
and suits for such offenses, liabilities, penalties or forfeitures
shall be instituted and proceed in all respects as if the applicable
provisions of the 1985 Code, as amended, had not been repealed or
altered.
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Section 8. West Hollywood Municipal Code
sections cited on signage within the City, until converted, are deemed
to be the new counterpart Code sections for the purposes of notice
and enforcement.
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PASSED, APPROVED AND ADOPTED THIS 17th DAY OF JULY, 2000
Publisher's Note: The effective date
of the above ordinance, and this code as adopted thereby, is August
18, 2000. A signed copy of the ordinance, as well as the Exhibit documenting
changes made to the code in the course of the recodification project,
is on file in the office of the City Clerk.
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