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 any person otherwise duly authorized pursuant to law or ordinance unless this code expressly provides otherwise.
(Prior code § 1-3-1)
The catchlines of the several sections of this code 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; nor unless expressly so provided shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted.
(Prior code § 1-3-2)
In the construction of this code and of all ordinances of the City, the definitions set forth in this chapter shall control, unless such construction would be inconsistent with the manifest intent of the City Council or the context clearly requires otherwise.
(Prior code § 1-3-3)
Whenever in this code or other City ordinances the punishment for a crime is left undetermined between certain limits, the punishment in a particular case shall be determined by the court authorized to pass sentence, within such limits as may be prescribed by this code.
(Prior code § 1-3-4)
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 reference shall be construed to apply to the corresponding provisions contained within this code.
(Prior code § 1-3-5)
A. 
Neither the adoption of this code nor the repeal hereby of any ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to its adoption, nor be construed as a waiver of any license or penalty due and unpaid under such ordinances, nor construed as affecting any of the provisions of such ordinances relating to the collection of any such license or penalty or penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance, and all rights and obligations thereunder appertaining shall continue in full force and effect.
B. 
The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect.
(Prior code § 1-3-6)
A. 
Whenever in this code or in any other ordinance of the City or in any rule or regulation promulgated pursuant thereto any act is prohibited or is made or declared to be unlawful, or the doing of any act is required or the failure to do any act is declared to be unlawful, any person violating such provisions or failing to comply with the requirements of this code shall be guilty of a misdemeanor, unless such violation is specifically designated in this code as constituting an infraction. Notwithstanding the foregoing, where the City Attorney or other prosecutor determines that such action would be in the interests of justice, the City Attorney or other prosecutor may prosecute and/or cite any such offense as an infraction. In the event a notice to appear is prepared as a misdemeanor, the City Attorney or other prosecutor may nonetheless prosecute any such offense as an infraction. Except where a different punishment is prescribed, every offense declared to be a misdemeanor is punishable by imprisonment in the County Jail not exceeding six months, or by a fine not exceeding $1,000.00 or by both. Such violations also may be redressed by civil action.
B. 
A violation that is an infraction is punishable by: (1) a fine not exceeding $100.00 for a first violation; (2) a fine not exceeding $200.00 for a second violation of the same ordinance within one year; (3) a fine not exceeding $500.00 for each additional violation of the same ordinance within one year. Notwithstanding any other provision of law, a violation of a building or safety code determined to be an infraction is punishable by: (1) a fine not exceeding $100.00 for a first violation; (2) a fine not exceeding $500.00 for a second violation of the same ordinance within one year; (3) a fine not exceeding $1.000.00 for each additional violation of the same ordinance within one year of the first violation.
C. 
In addition to the penalties hereinabove provided, the City may address any violations of this code through the issuance of administrative citations, as authorized by California Government Code Section 53069.4, and as set forth in Chapter 9.20 (Administrative Citations) of this code.
D. 
Every day a violation of this code or any other ordinance of the City or any such rule or regulation occurs shall constitute a separate offense.
E. 
In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this code shall be deemed a public nuisance and shall be deemed a new and separate offense for each day such condition continues.
F. 
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.
(Prior code § 1-3-7)
The provisions of this code and other ordinances which declare certain crimes to be punishable as therein mentioned devolve a duty upon the court authorized to pass sentence to determine and impose the punishment prescribed.
(Prior code § 1-3-8)
If any person is arrested for the violation of any provision of this code or any ordinance of the City and such person is not immediately taken before a magistrate as prescribed in the Penal Code of the State, the arresting officer shall prepare in duplicate a written notice to appear in court, containing the name and address of such person, the offense charged, and the time and place where and when such person shall appear in court.
(Prior code § 1-3-9)
Whenever a notice is required to be given under this code, unless different provisions herein are otherwise specifically made in this code, 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 his or her last known business or residence address as the same appears in the public records of the City or other records pertaining to the matter to which such notice is directed. Service by mail shall be deemed to have been completed at the time of deposit in an official depository for United States mail.
(Prior code § 1-3-10)
Every person found guilty of violating any of the provisions of this code or any other City ordinance and sentenced to imprisonment shall be imprisoned in the County Jail.
(Prior code § 1-3-11)
Whenever a reference is made to any portion of this code, or to any ordinances of the City, the reference applies to all amendments and additions now or hereafter made.
(Prior code § 1-3-14)
Proof of giving any notice may be made by the certificate of any officer or employee of the City, or by affidavit of any person over the age of 18 years which shows service in conformity with this code or other provision of law applicable to the subject matter concerned.
(Prior code § 1-3-15)
If any section, subsection, sentence, clause or phrase of this code is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code. The City Council hereby declares that it would have passed this code and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional.
(Prior code § 1-3-16)
This code shall refer only to the omission or commission of acts within the City and to 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.
(Prior code § 1-3-17)
A. 
Any person willfully violating his or her written promise to appear in court is guilty of a separate violation of this code, regardless of the disposition of the charge upon which he or she was originally arrested.
B. 
When a person signs a written promise to appear at the time and place specified in the written promise to appear and has not posted bail as provided in Section 853.1 of the Penal Code of the State, the magistrate shall issue and have delivered for execution, a warrant for his or her arrest within 20 days after his or her failure to appear as promised.
(Prior code § 1-3-18)
A. 
Civil Penalties. Any person violating any of the provisions of this code restricting the parking or standing of vehicles shall be assessed a civil penalty. The amounts of such penalties shall be specified on a schedule of civil penalties adopted by Council resolution or any other means approved by law.
B. 
Delinquent Payment Penalty. If any person fails to make timely payment of a parking violation penalty within the time provided in the notice of citation or notice of parking violation, as provided by the California Vehicle Code, or later as may be provided for in this code or other applicable law for accrual of a late payment penalty, a separate delinquency and late payment penalty shall be assessed against that person for the late payment as specified on a schedule of civil penalties adopted by Council resolution or any other means approved by law.
C. 
Administrative Fees, Process Service Fees, Collection Costs Related to Civil Debt Collection and Related Charges. If any person fails to make timely payment of a parking violation penalty within the time provided in the notice of citation or notice of parking violation, as provided by the California Vehicle Code, or later as may be provided for in this code or other applicable law, and further fails to make payment for the delinquency fee as provided for in subsection B of this section, that person shall become liable for and be penalized further in the amount of the actual collection costs in conjunction with the assignment of a parking penalty for collection. That cost shall be added to the penalty and the person shall be liable to the City for both civil penalties and the collection costs including out of pocket administrative costs, civil service of process costs and other direct costs.
D. 
Each Violation Assessed Separate Civil Penalty. Each person who is assessed a civil penalty under the provisions of this section shall be assessed a separate civil penalty for each violation and shall be liable for the cumulative amount of all such penalties and collection costs.
E. 
Penalty Not Exclusive. This section shall not bar the use of any other procedure or remedy provided by this code or by law for the purpose of processing or collection of parking violation.
(Prior code § 1-3-19)
A. 
The provisions appearing in this code, so far as they are the same in substance as those of ordinances existing at the time of the effective date of this code, shall be considered as continuations thereof and not as new enactments.
B. 
When amending, supplementing, recodifying, and/or republishing this code, the codifier, meaning the City Attorney or the person, agency, or organization authorized to do so, working with the City Clerk, may make formal, nonsubstantive changes in ordinances and parts of ordinances, insofar as it is necessary to do so to embody them into a unified code. In addition, the codifier may make other non-substantive changes such as spelling corrections to preserve the original meaning of the ordinance sections inserted into the code, but in no case shall the codifier make any change in the meaning or effect of ordinance material already embodied in the code.
(Prior code § 1-3-21)