The ordinances embraced in the following chapters and sections shall constitute and be designated as the "Code of Ordinances, City of Willows, California," and may be so cited.
(Prior code § 1-1)
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 city council:
City – In the City. The words "the city" or "this city" shall mean the city of Willows, California. The words "in the city" shall mean and include all territory over which the city now has or shall hereafter acquire jurisdiction for the exercise of its police or other regulatory powers.
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 that the last day shall be excluded if it is Sunday or a holiday.
"Council," whenever used in this code, shall be construed to mean the city council of the city of Willows.
County. The words "the county" or "this county" shall mean the county of Glenn, in the state of California.
Day. A "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.
Delegation of Authority. Whenever a provision appears 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 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.
Gender. A word importing the masculine gender only shall extend and be implied to females and to firms, partnerships and corporations as well as to males.
Interpretation. 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 provisions of this code impose 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.
Joint Authority. Whenever 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.
"Month" shall mean a calendar month.
Number. The singular number shall include the plural and the plural number shall include the singular.
"Oath" shall be construed to include an affirmation in all cases 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."
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.
Officials, Officers, Departments, 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 Willows, California."
Or – And. "Or" may be read "and" and "and" may be read "or" if sense requires it.
"Owner," 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.
"Person" shall include firms, partnerships, associations, organizations and bodies politic and corporate, as well as natural persons.
"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 by mark" 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.
State. The words "the state" or "this state" shall mean the state of California.
"Street" shall be construed to include 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.
"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.
Week. A 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 expressly provided otherwise.
"Year" shall mean a calendar year unless otherwise provided.
(Prior code § 1-2; Code 1959 § 1.2)
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.
(Prior code § 1-3)
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.
(Prior code § 1-4)
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 for violation of said ordinance pending at the time of the repeal.
(Prior code § 1-5)
It is hereby declared to be the intention of the city council that the sections, paragraphs, sentences, clauses and phrases of the 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.
(Prior code § 1-6)
All ordinances passed subsequent to this code of ordinances, which amend, repeal or in any way affect this code of ordinances, 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 until such time that this code of ordinances and subsequent ordinances numbered or omitted are readopted as a new code of ordinances by the city council.
Amendments to any of the provisions of this code may be made by amending such provisions by specific reference to the section number of this code in the following language:
That section _____ of the Code of Ordinances, City of Willows, California, is hereby amended to read as follows: .... |
The new provisions shall then be set out in full as desired.
In the event a new section not heretofore existing in the code is to be added, the following language may be used:
That the Code of Ordinances, City of Willows, California, is hereby amended by adding a section, to be numbered ____, which said section reads as follows: .... |
The new section shall then be set out in full as desired.
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.
(Prior code § 1-7)
Any person violating or failing to comply with any provision of this code or committing any act or omission to act declared to be a misdemeanor or unlawful by this code, where no specific penalty is provided therefor, shall be punished by fine of not exceeding $500.00 or imprisonment not exceeding six months, or both such fine and imprisonment in the discretion of the court.
Every day any violation of this code or any other ordinance of the city shall continue shall constitute a separate offense. [Prior code § 1-8].
Wherever in this code a violation is determined to be an infraction, such shall be punished by:
(1)
A fine not exceeding $100.00 for the first violation;
(2)
A fine not exceeding $200.00 for the second violation of the same section within one year;
(3)
A fine not exceeding $500.00 for each additional violation of the same section within one year.
(Prior code § 1-8.5; Ord. 616-88, 1-12-1988)
All prisoners of the city shall be committed to the county jail.
(Prior code § 1-9)
When anyone is fined for violation of this code, the judge may direct the defendant to be imprisoned until the fine is satisfied, not exceeding one day for every $5.00 of such fine, and all persons imprisoned for violation of any provision of this code may be worked under the supervision of the chief of police on any street, park or other public property or public works.
(Prior code § 1-10; Code 1959 § 1.10)
It shall be unlawful for any person, firm or corporation 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 of Willows to be misrepresented thereby.
(Prior code § 1-11)
Notwithstanding any provision of this code to the contrary, any use, entitlement, authorization, license or permit allowed or issued under this code shall be consistent with applicable state and federal law.
(Ord. 687-09 § 1, 11-10-2009)