CHAPTER 1
GENERAL PROVISIONS1

Sections:

1.1    How Code designated and cited.

1.2    Definitions and rules of construction.

1.3    Provisions considered as continuation of existing ordinances.

1.4    Effect of repeal of ordinances.

1.5    Severability of parts of Code.

1.6    Catchlines of sections.

1.7    General penalty; continuing violations.

1.7A    Same—Infractions.

1.7B    Infractions, penalties, continuing violations.

1.8    Datum plane.

1    For constitutional provisions of state relative to cities generally, see Const. of Cal., art. XI, § 1 et seq. For state law as to power of city to codify ordinances, see Gov. C.A., §§ 50022.1 to 50022.8.

1.1 How Code designated and cited.

The ordinances embraced in the following chapters and sections shall constitute and be designated “The Code of the City of South Pasadena, California, 1958,” and may be so cited.

1.2 Definitions and rules of construction.

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:

City. The words “the city” or “this city” shall be construed as if followed by the words “of South Pasadena.”

Code. The words “the Code” or “this Code” shall mean “The Code of the City of South Pasadena, California, 1958.”

Computation of time.2 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.

Council. Whenever the word council is used, it shall be construed to mean the city council of the City of South Pasadena.

County. The words “the county” or “this county” shall mean the County of Los Angeles.

Day.3 A day is the period of time between any midnight and the midnight following.

Daytime, nighttime.4 “Daytime” is the period of time between sunrise and sunset. “Nighttime” is the period of time between sunset and sunrise.

Gender.5 The masculine gender includes the feminine and neuter.

In the city. 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 powers or other regulatory powers.

Joint authority.6 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.

Month.7 The word “month” shall mean a calendar month.

Number.8 The singular number includes the plural, and the plural the singular.

Oath.9 “Oath” includes affirmation.

Official time. Whenever certain hours are named herein, 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. The word “owner,” applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or of a part of such building or land.

Person.10 “Person” includes any person, firm, association, organization, partnership, business trust, corporation or company.

Personal property.11 “Personal property” includes every species of property, except real property, as herein defined.

Preceding, following. The words “preceding” and “following” mean next before and next after, respectively.

Process.12 “Process” includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature.

Property.13 The word “property” shall include real and personal property.

Real property.14 “Real property” shall include lands, tenements and hereditaments.

Shall, may.15 “Shall” is mandatory and “may” is permissive.

Signature or, subscription by mark.16 “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.

State. The words “the state” or “this state” shall be construed to mean the State of California.

Tenant or occupant. The words “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.17 The present tense includes the past and future tenses, and the future includes the present.

Week.18 A week consists of seven consecutive days.

Writing.19 “Writing” includes any form of a 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.20 The word “year” shall mean a calendar year, except where otherwise provided.

2    For similar state law, see Gov. C.A., § 6800.

3    For similar state law, see Gov. C.A., § 6806.

4    For similar state law, see Gov. C.A., § 6807.

5    For similar state law, see Gov. C.A., § 12.

6    See C.C., § 12.

7    For similar state law, see Gov. C.A., § 6804.

8    For similar state law, see Gov. C.A., § 13.

9    For similar state law, see Gov. C.A., § 15.

10    For similar state law, see Gov. C.A., § 17.

11    See C.C., § 14.

12    For similar state law, see Gov. C.A., § 22.

13    See C.C., § 14.

14    See C.C., § 14.

15    For similar state law, see Gov. C.A., § 14.

16    For similar state law, see Gov. C.A., § 16.

17    For similar state law, see Gov. C.A., § 11.

18    For similar state law, see Gov. C.A., § 6805.

19    For similar state law, see Gov. C.A., § 8.

20    For state law definition of “year”, see Gov. C.A. § 6803.

1.3 Provisions considered as continuation of existing ordinances.

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 continuances thereof and not as new enactments.

1.4 Effect of repeal of ordinances.

The repeal of an ordinance shall not revive any ordinance in force before or at the time the ordinance repealed took effect.

The repeal of an ordinance shall not effect 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.

1.5 Severability of parts of Code.

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 by the valid judgment or decree of the court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code.

1.6 Catchlines of sections.

The catchlines of the several sections of this Code printed in bold-face 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, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or re-enacted.

1.7 General penalty; continuing violations.

Whenever in this Code or in any other ordinance of the city, any act is prohibited or is made or declared to be unlawful or an offense, or the doing of any acts is required or the failure to do any act is declared to be unlawful or a misdemeanor, where no specific penalty is provided for, the violation of any such provision of this Code or any other ordinance of the city shall be punished by a fine not exceeding one thousand dollars or imprisonment for a term not exceeding six months, or by both such fine and imprisonment.

Every day any violation of this Code or any other ordinance of the city shall continue shall constitute a separate offense. (Ord. No. 1983, § 1.)

1.7A Same—Infractions.

Pursuant to the provisions of Section 36900 of the California Government Code, the first violation by any person of any of the following provisions of the South Pasadena Municipal Code shall be deemed “infractions” while any subsequent violations shall be deemed a “misdemeanor”:

Chapters:

3 Advertising

5 Animals & Fowl

Sections:

16.4, Burning rubbish or debris

16.18, Trash can location

16.3, Trash to be in container

16.2, 16.5, Control of dumping trash

18.20, Operating without a city business license

19.20, Truck routes generally

19.21, Heavy truck on Pasadena Freeway

19A.12.3, Power yard maintenance equipment

19A.12.4, Leaf blowers—Regulation of use

Articles:

III of Chapter 19 relating to parking

Any person authorized by the chief of police may enforce this section and issue citations for such infractions.

The maximum fine to be imposed for an infraction pursuant to this section shall be one hundred dollars or as provided by state law. (Ord. No. 1799, § 1; Ord. No. 1983, § 2; Ord. No. 2139, § 1; Ord. No. 2201, § 2, 2010.)

1.7B Infractions, penalties, continuing violations.

Notwithstanding any other provision of this Code, when a person under the age of eighteen years is charged with a violation of this Code, and a peace officer issues a notice to appear in Superior Court to that minor, the charge shall be deemed an infraction unless the minor requests that a petition be filed under Section 601 or 602 of the Welfare and Institutions Code. The amount of the fine imposed shall be set by the court. (Ord. No. 2027, § 1.)

1.8 Datum plane.

The United States geological survey datum plane is hereby adopted as the official datum plane of the city. (Ord. No. 674, § 1.)