Chapter 1.01
ADOPTION OF CODE
Sections:
1.01.010 Title – Citation – Reference.
1.01.020 Reference Applies to Amendments.
1.01.030 Codification Authority.
1.01.040 Definitions and Construction.
1.01.050 Title, Chapter and Section Headings.
1.01.060 Reference to Specific Ordinances.
1.01.070 Effect of Code on Past Actions and Obligations.
1.01.080 Repeal.
1.01.090 Exclusions.
1.01.100 Effective Date.
1.01.110 Violation – Penalty.
1.01.120 Severability.
1.01.130 Issuance of Citations and Adoption of Bail Schedules.
1.01.140 Fees to be Established by Resolution.
1.01.010 Title – Citation – Reference.
This code shall be known as the “Larkspur Municipal Code” and it shall be sufficient to refer to said code as the “Larkspur Municipal Code” in any prosecution for the violation of any provision thereof or in any proceeding at law or equity. It shall also 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 of, or repeal of the “Larkspur Municipal Code.” Further reference may be had to the titles, chapters, sections and subsections of the “Larkspur Municipal Code” and such reference shall apply to that numbered title, chapter, section or subsection as it appears in this code. (Ord. 345 § 1 (part), 1967)
1.01.020 Reference Applies to Amendments.
Whenever a reference is made to this code as the “Larkspur Municipal Code” or to any portion thereof, or to any ordinance of the City of Larkspur, the reference shall apply to all amendments, corrections and additions heretofore, now, or hereafter made. (Ord. 345 § 1 (part), 1967)
1.01.030 Codification Authority.
This code consists of all of the regulatory and penal ordinances and certain of the administrative ordinances of the City of Larkspur, California, codified pursuant to the laws of the State of California. (Ord. 345 § 1 (part), 1967)
1.01.040 Definitions and Construction.
Unless the context otherwise requires, the following words and phrases as used in the ordinances of Larkspur shall have the meaning and construction given in this section:
A. Code: the Larkspur Municipal Code.
B. City: the City of Larkspur.
C. City Council: the City Council of the City of Larkspur.
D. County: the County of Marin.
E. Person: any natural person, firm, association, joint venture, joint stock company, partnership, organization, club, company, corporation, business trust, or their manager, lessee, agent, servant, officer, or employee of any of them.
F. State: the State of California.
G. Oath: includes affirmation.
H. Gender: the masculine gender includes the feminine and neuter.
I. Number: the singular number includes the plural, and the plural the singular.
J. Tenses: the present tense includes the past and future tenses, and the future tense includes the present tense.
K. Shall, May: shall is mandatory, and may is permissive.
L. Title of Office: the use of the title of any officer, employee, department, board or commission means that officer, employee, department, board or commission of the City of Larkspur. (Ord. 345 § 1 (part), 1967)
1.01.050 Title, Chapter and Section Headings.
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 hereof. (Ord. 345 § 1 (part), 1967)
1.01.060 Reference to Specific Ordinances.
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. (Ord. 345 § 1 (part), 1967)
1.01.070 Effect of Code on Past Actions and Obligations.
Neither the adoption of this code nor the repeal or amendment hereby of any ordinance or part or portion of any ordinance of the City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, 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 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. (Ord. 345 § 1 (part), 1967)
1.01.080 Repeal.
All ordinances or parts of ordinances of this City in conflict with the provisions of this code and all general regulatory and administrative ordinances relating to such matters covered by this code are hereby repealed. (Ord. 345 § 1 (part), 1967)
1.01.090 Exclusions.
Every special ordinance of this City governing the following subject matter, whether contained in whole or in part within this code, is excluded from the operation and effect of Section 1.01.080 and is not affected by the repeal provisions hereof: annexations; franchises; naming roads, streets and public places; acquisition or disposal of public property; vacation of streets, alleys, or public ways; acceptance of any gift, devise, license or other benefit; provided that the foregoing enumeration of exceptions or exclusions shall not be deemed to be exclusive or exhaustive, it being the intent and purpose to exclude from repeal any and all ordinances not of a general nature. (Ord. 345 § 1 (part), 1967)
1.01.100 Effective Date.
This code shall become effective on the date the ordinance adopting this code as the “Larkspur Municipal Code” shall become effective. (Ord. 345 § 1 (part), 1967)
1.01.110 Violation – Penalty.
A. Unless otherwise specified in an ordinance, any person violating any of the provisions or failing to comply with any of the mandatory requirements of a City ordinance shall be guilty of a misdemeanor and, on conviction thereof, shall be punished by a fine not to exceed one thousand dollars, or imprisonment for a term not to exceed six months, or by both such fine and imprisonment.
B. Pursuant to Government Code Section 36900 (or in amounts provided by subsequent amendments to Government Code Section 36900), unless another penalty is specified in an ordinance, any violation deemed to be an infraction by an ordinance shall be punished, upon conviction thereof, by;
1. A fine not exceeding one hundred dollars ($100.00) for a first violation.
2. A fine not exceeding five hundred dollars ($500.00) for a second violation of the same ordinance within one year of the first violation.
3. A fine not exceeding one thousand dollars ($1,000) for each additional violation of the same ordinance within one year of the first violation.
C. Unless otherwise specified in an ordinance, every day a violation of an ordinance occurs shall constitute a separate offense.
D. In addition to the penalties herein provided, any condition caused or permitted to exist in violation of any of the provisions of this code, any other ordinance of the City, resolution of the City Council, or statute of the state is a public nuisance and may be summarily abated as such by the City, and each day such condition continues to exist shall be regarded as a new and separate offense. (Ord. 925 § 1, 2003; Ord. 723 § 1, 1985; Ord. 382 § 2, 1969; Ord. 345 § 1 (part), 1967)
1.01.120 Severability.
If any section, subsection, sentence, clause, phrase, portion or part of this code is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this code. The City Council declares that it would have adopted this code and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases, parts or portions be declared invalid or unconstitutional. (Ord. 345 § 1 (part), 1967)
1.01.130 Issuance of Citations and Adoption of Bail Schedules.
A. Officers and employees of the City who have the discretionary duty to enforce a statute or ordinance may, pursuant to Section 836.5 of the California Penal Code and subject to the provisions hereof, arrest a person without warrant whenever any such officer or employee has reasonable cause to believe that the person to be arrested has committed a misdemeanor or infraction in the officer's or employee's presence which he has the discretionary duty to enforce; and to issue a notice to appear and to release such person on his written promise to appear in court, pursuant to Part 2, Title 3, Chapter 5C (commencing with Section 853.5) of the California Penal Code. No officer or employee shall be allowed by his superior to exercise the arrest and citation authority herein conferred, unless such officer or employee is within a classification of City officers and employees designated by resolution of the City Council to exercise such arrest and citation authority as to specified misdemeanor or infraction violations. The City Manager shall establish and cause to be administered a special enforcement training program designed to instruct each officer or employee who will exercise such arrest and citation authority, regarding the provisions of the statutes and ordinances to be enforced, the evidenciary prerequisites to proper prosecution for violations thereof, the appropriate procedures for making arrests or otherwise prudently exercising such arrest and citation authority, and the legal and practical ramifications and limitations attendant thereto. Any such officers or employees shall be appropriately instructed to deposit executed citations or notices with the appropriate City department for filing with the court, after review for legal sufficiency.
B. The City Council shall, by resolution, adopt bail schedules applicable to violations of specific ordinances, upon prior approval by the Marin County Municipal Court. (Ord. 638 § 1, 1980)
1.01.140 Fees to Be Established by Resolution.
Whenever any permit, application, authorization, or tax1 is required herein, a fee shall be established by resolution of the City Council. All existing fees as established herein prior to this amendment are hereby repealed and the same shall be and are hereby superseded by resolution adopted pursuant to this amendment. The effective date of said fees to correlate with the effective date of this section amendment and/or subsequent amendment by resolution. (Ord. 853 § 1, 1993)
Except where there is a requirement that a specific tax be established by ordinance.