The ordinances embraced in this and the following chapters and sections shall constitute and be designated as "The Code of the City of Healdsburg, California," and may be so cited. Such code may also be cited as the "Healdsburg City Code."
(Code 1964 § 1-1)
In the construction of this code and of all ordinances of the City, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the City Council or the context clearly requires otherwise:
"The City" or "this City"
shall be construed as if followed by the words "of Healdsburg." Further, the word "City" shall be taken to mean the area within the territorial City limits of the City of Healdsburg and such territory outside of this City over which the City has jurisdiction or control by virtue of any constitutional provision or any law.
"City Council,"
whenever the words are used in this code, shall be construed to mean the City Council of the City of Healdsburg.
"The code" or "this code"
shall mean "The Code of the City of Healdsburg, California."
Computation of time.
The time in which any act provided by law is to be done is computed by excluding the first day and including the last, unless the last day is a holiday and then it is also excluded.
"The county" or "this county"
shall mean the county of Sonoma.
"Day"
is the period of time between any midnight and the midnight following.
Daytime, nighttime.
"Daytime" is the period of time between sunrise and sunset. "Nighttime" is the period of time between sunset and sunrise.
Gender.
The masculine gender includes the feminine and neuter.
Joint authority.
All words giving a joint authority to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.
Local signification.
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 the City, whether the City is mentioned in each particular section or not.
"Month"
shall mean a calendar month.
Number.
The singular number includes the plural, and the plural the singular.
"Oath"
includes an affirmation.
Officers, departments, etc.
Officers, departments, boards, commissions and employees referred to in this code shall mean officers, departments, boards, commissions and employees of the City of Healdsburg, unless the context clearly indicates otherwise.
Official time.
Whenever certain hours are named in this code, they shall mean Pacific Standard Time or Daylight Saving Time, as may be in current use in the City.
Or, and.
"Or" may be read "and," and "and" may be read "or," if the sense requires it.
"Owner,"
applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant by the entirety of the whole or of a part of such building or land.
"Person"
includes any person, firm, association, organization, partnership, business trust, corporation or company.
"Personal property"
includes every species of property, except real property, as defined in this section.
Preceding, following.
The words "preceding" and "following" mean next before and next after, respectively.
"Process"
includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature.
"Property"
shall include real and personal property.
"Real property"
shall include lands, tenements and hereditaments.
Shall, may.
"Shall" is mandatory and "may" is permissive.
"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 writes his 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.
"The state" or "this state"
shall be construed to mean the state of California.
"Tenant" or "occupant,"
applied to a building or land, shall include any person holding a written or an oral lease of, or who occupies the whole or a part of, such building or land, either alone or with others.
Tenses.
The present tense includes the past and future tenses, and the future includes the present.
Territorial Limitation.
This code shall refer only to the omission or commission of acts within the territorial limits of the 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.
Undefined Words.
Words and phrases not defined in this code are construed according to the approved usage of the language.
"Week"
consists of seven consecutive days.
"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 it is expressly provided otherwise.
"Year"
shall mean a calendar year, except where otherwise provided.
(Code 1964 § 1-3)
[1]
For similar state law, see Government Code §§ 8, 11 – 17, 22, 6800 and 6803 – 6807; Civil Code §§ 12, 14, 658 and 663; and Code of Civil Procedure § 17.
It is hereby declared to be the intention of the City 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 or invalid by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this code.
(Code 1964 § 1-5)
The catchlines of the several sections of this code, in boldface, 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.
(Code 1964 § 1-6)
Chapter, article, division and subdivision headings contained in this code shall not govern, limit, modify or affect the scope, meaning or intent of the provisions of particular chapters, articles, divisions and subdivisions.
(Code 1964 § 1-7)
The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect.
The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for any offense committed under the ordinance repealed.
(Code 1964 § 1-8)
[1]
For provisions pertaining to the preparation of ordinances, see HMC § 2.04.010.
Pursuant to the provisions of Government Code Sections 50022.1 through 50022.8 and 50022.10, there is hereby adopted and recodified the Healdsburg Municipal Code as published by Code Publishing Company and indexed in Titles 1 to 20 and listed in Exhibit A attached to the ordinance codified in this article, together with those secondary codes adopted by reference as authorized by the California State Legislature, save and except those portions of the secondary codes as are deleted, modified or amended by the provisions of the Healdsburg Municipal Code.
(Ord. 1109 § 1, 2011)
This code shall be known as the City of Healdsburg Municipal Code and it shall be sufficient to refer to said code as the City of Healdsburg Municipal Code in any prosecution for the violation of any provision thereof or in any proceeding at law or equity. It shall be sufficient to designate any ordinance adding to, amending, correcting or repealing all or any part or portion thereof as an addition to, amendment to, correction or repeal of the Healdsburg Municipal Code. Further reference may be had to titles, chapters, sections and subsections of the municipal code and such references shall apply to that numbered title, chapter, section or subsection as it appears in said code.
(Ord. 1109 § 2, 2011)
The Healdsburg Municipal Code consists of all the regulatory and penal ordinances and certain of the administrative ordinances of the City of Healdsburg, California, as originally codified pursuant to the provisions of Government Code Sections 50022.1 through 50022.8 and herein recodified and recompiled pursuant to Government Code Section 50022.10.
(Ord. 1109 § 3, 2011)
The last ordinance included in this code was Ordinance No. 1081. Ordinance Nos. 1082 through 1108, passed subsequent to Ordinance No. 1081, but prior to adoption of this code, are hereby made a part of the Healdsburg Municipal Code.
(Ord. 1109 § 4, 2011)
Whenever a reference is made to this code as the Healdsburg Municipal Code or to any portion thereof, or to any ordinance of the City of Healdsburg, California, the reference shall apply to all amendments, corrections and additions heretofore, now or hereafter made.
(Ord. 1109 § 5, 2011)
Title, chapter and section headings contained herein 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, or section of the municipal code.
(Ord. 1109 § 6, 2011)
The provisions of the Healdsburg Municipal Code shall not in any manner affect matters of record which refer to, or are otherwise connected with, ordinances that are therein specifically designated by number or otherwise and that are included within the code, but such reference shall be construed to apply to the corresponding provisions contained within this municipal code.
(Ord. 1109 § 7, 2011)
Neither the adoption or recodification of the municipal code nor the repeal or amendment hereby of any ordinance or part or portion of any ordinance of the City of Healdsburg shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date of the ordinance codified in this article, nor be construed as a waiver of any license, fee, or penalty at said effective date due and unpaid under such ordinances, nor be construed as affecting any of the provisions of such ordinances relating to the collection of any such license, fee or penalty, or the penal 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.
(Ord. 1109 § 8, 2011)
Nothing contained herein is intended to enact any new taxes or to affect any penalty clauses contained in the existing ordinances recodified by this article. The recodification of the Municipal Code of the City of Healdsburg, California, is intended by the City Council to be a continuation, without change, of existing ordinances.
In adopting the ordinance codified in this article, the City is acting only to promote public health, safety and general welfare. It is not assuming, or it is imposing on its officers or employees, an obligation for breach of which it may be held liable in money damages to any person who claims that such breach proximately caused injury.
(Ord. 1109 § 9, 2011)