Title 1
GENERAL PROVISIONS

Chapters:

1.01 Code Adoption

1.10 General Provisions

1.15 General Penalty

Chapter 1.01
CODE ADOPTION

Sections:

1.01.010 Adoption, amendment and repeal.

1.01.020 Reservation of prosecutions.

1.01.030 Severability.

1.01.010 Adoption, amendment and repeal.

(1) There is hereby adopted the Point Arena Municipal Code which consists of the ordinances of the city that have ongoing effect and which have not expired according to their own terms.

(2) This code may be cited as the Point Arena Municipal Code.

(3) This code may be amended by reference to code section without the necessity of referring to the underlying ordinance.

(4) New ordinances may be added to the code, and if an ordinance is enacted with a numbering system that is inconsistent with the code numbering system, the city clerk is authorized to assign an appropriate code number and to codify the ordinance accordingly.

(5) The repeal of any code section does not revive the original text of the code section, but rather, repeal of an existing section repeals the underlying ordinance section and all of its amendments. [Ord. 187 § 1, 2004.]

1.01.020 Reservation of prosecutions.

The adoption of this code shall not affect any prosecution for violations of ordinances, which violations were committed prior to the effective date of the adoption of the Point Arena Municipal Code, nor shall the adoption of the code be construed as a waiver of any license, fee, or penalty due and owing at the effective date of the code adoption, nor shall adoption affect the validity of any bond or cash deposited with the city pursuant to the terms of any ordinance, upon its codification; but rather, all rights and obligations pertaining under ordinances in effect prior to codification shall remain in full force and effect. [Ord. 187 § 1, 2004.]

1.01.030 Severability.

If any section, subsection, clause or phrase of this code is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this code. The city declares that it would have enacted this code, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases had been declared invalid or unconstitutional. [Ord. 187 § 1, 2004.]

Chapter 1.10
GENERAL PROVISIONS

Sections:

1.10.010 Definitions.

1.10.020 Grammatical interpretation.

1.10.030 Prohibited acts include causing and permitting.

1.10.040 Construction.

1.10.050 Repeal shall not revive any ordinances.

1.10.010 Definitions.

The following words and phrases, wherever used in the ordinances of the city of Point Arena, California, shall be construed as defined in this section unless from the context a different meaning is intended or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases:

(1) “City” and “town” mean the city of Point Arena, California, or the area within the territorial limits of the city of Point Arena, California, and such territory outside of the city over which the city has jurisdiction or control by virtue of any constitutional or statutory provision.

(2) “Computation of time” means the determination of the time within which an act is to be done. It is computed by excluding the day of the act, event, or default from which the designated period of time begins to run and including the last day of the period so computed; and if the last day is a Saturday, Sunday or a legal holiday, that day shall be excluded, in which event the period runs until the end of the next day which is neither a Saturday, a Sunday nor a legal holiday.

(3) “Council” means the city council of the city of Point Arena, California. “All its members,” or “all council members” means the total number of council members provided by the general laws of the state of California and/or all persons currently holding such title.

(4) “County” means the county of Mendocino.

(5) “Law” denotes applicable federal law, the constitution and statutes of the state of California, the ordinances of the city of Point Arena, and when appropriate, any and all rules and regulations which may be promulgated thereunder.

(6) “May” is permissive.

(7) “Month” means a calendar month.

(8) Must and Shall. Each is mandatory.

(9) “Oath” is construed to include an affirmation or declaration in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words “swear” and “sworn” are equivalent to the words “affirm” and “affirmed.”

(10) “Ordinance” means a law of the city; provided, that a temporary or special law, administrative action, order or directive may be in the form of a resolution.

(11) “Owner,” applied to a building or land, includes any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety, or the whole or part of such building or land.

(12) “Person” means natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization or the manager, lessee, agent, servant, officer or employee of any of them.

(13) “Personal property” includes money, goods, chattels, causes of action, things in action and evidences of debt.

(14) “Preceding” and “following” mean next before and next after, respectively.

(15) “Property” includes real and personal property.

(16) “Real property” includes lands, tenements and hereditaments.

(17) “Sidewalk” means that portion of a street between the curb line and the adjacent property line intended for the use of pedestrians.

(18) “State” means the state of California.

(19) “Street” includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs or other public ways in this city which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this state.

(20) “Tenant” and “occupant,” applied to a building or land, includes any person who occupies the whole or a part of such building or land, whether alone or with others.

(21) Title of Office. Use of the title of any officer, employee, department, board or commission means that office, employee, department, board or commission of the city.

(22) “Written” includes printed, typewritten, mimeographed or multigraphed.

(23) “Year” means a calendar year. [Ord. 188 § 1, 2004.]

1.10.020 Grammatical interpretation.

The following grammatical rules shall apply in the ordinances of the city:

(1) Gender. Designation in the form of any gender includes the masculine, feminine and neuter genders.

(2) Singular and Plural. The singular number includes the plural and the plural includes the singular.

(3) Tenses. Words used in the present tense include the past and the future tenses and vice versa, unless manifestly inapplicable. [Ord. 188 § 2, 2004.]

1.10.030 Prohibited acts include causing and permitting.

Whenever in the ordinances of the city any act or omission is made unlawful, it includes causing and permitting such act or omission. [Ord. 188 § 3, 2004.]

1.10.040 Construction.

The following rules of construction shall apply:

(1) The provisions of the ordinances of the city, and all proceedings under them, are to be construed with a view to effect their objects and to promote justice.

(2) All words and phrases shall be construed and understood according to the common and approved usage of the language; but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning.

(3) When an act is required by an ordinance, the same being such that it may be done as well by an agent as by the principal, such requirement shall be construed as to include all such acts performed by an authorized agent.

(4) Use of Words and Phrases. Words and phrases not specifically defined shall be construed according to the context and approved usage of the language. [Ord. 188 § 4, 2004.]

1.10.050 Repeal shall not revive any ordinances.

The repeal of an ordinance shall not repeal the repealing clause of such ordinance or revive any ordinance which has been repealed thereby. [Ord. 188 § 5, 2004.]

Chapter 1.15
GENERAL PENALTY

Sections:

1.15.010 Violation – Penalty.

1.15.020 Violation – Separate offense.

1.15.010 Violation – Penalty.

(1) Unless otherwise provided, any person violating any of the provisions or failing to comply with any of the mandatory requirements of any ordinance of the city, or any rule or regulation adopted by the city council pursuant thereto, is guilty of a misdemeanor. Except in cases where a different punishment is prescribed by any ordinance of the city, any person convicted of a misdemeanor under the ordinances of the city shall be punished by a fine not exceeding $5,000, or by imprisonment for any term not exceeding one year, or by both such fine and imprisonment.

(2) This section does not preclude, and is in addition to administrative and civil remedies set forth in this code. [Ord. 189 § 1, 2004.]

1.15.020 Violation – Separate offense.

Each person as specified in PAMC 1.15.010 is guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of the city is committed, continued or permitted by any such person, and he is punishable accordingly. [Ord. 189 § 2, 2004.]