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HomeMy WebLinkAboutOrdinance #588 ORDINANCE NO. 588 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH ADOPTING THE HUNTINGTON BEACH OR- DINANCE CODE, ADOPTING GENERAL PROVI- SIONS PERTAINING TO SAID CODE, AND RED PEALING ALL ORDINANCES OR PARTS OF OR- DINANCES IN CONFLICT WITH SAID GENERAL PROVISIONS. The City Council of the City of Huntington Beach ordains as follows : Section 1: That certain document entitled Hunt- ington Beach Ordinance Code, being a comprehensive ordi- nance code of certain properly enacted. and unrepealed or- dinances of the City of Huntington Beach which have been compiled, consolidated, revised, and indexed, including such restatements and substantive changes as are necessary for clarity, three (3) copies of which Code were, on June 16, 1952 , filed in the office of the City Clerk of the City of Huntington Beach, for examination by the public, is here- by adopted, pursuant to Article 4, of Chapter 2 , of Part 2 , of Division 3, of Title 4, of .the Government Code of the State of California. Section 2.: The follimiing provisions a.re hereby adopted as general provisions of and pertaining to said Ordinance Code; and. they shall apply to future amendments and additions to said. Ordinance Code with the same force and effect as to provisions now contained in said Ordinance Code. � -l- - T Ord. 588 GENERAL PROVISIONS SECTIONS 0011-. GENERAL. 0021-. EFFECT OF CODE. 0031-. CONSTRUCTION. 00L.q-. 717ORCEMETNT. 0051-. NOTICES . GENERAL 0011. Title of Code. This Code shall be known as the "uuntington Beach Ordinance Code" . 0012. Citing in Prosecutions . In any prosecution for the violation of any provision of this Code, it , shall be sufficient to refer to the Code a.s the "Bunt- ington Beach Ordinance Code" . 001 . Amendatory Ordinances. Any ordinance added to, amending or repealing this Code may be designated as an addition or amendment to, or repeal of. , the Lunt- ington Beach ordinance Code" EFFECT (�T CODE �- 0021. Former Ordinances . The -provisions of this Code , insofar Q4 they are substanti^lly the same as ex- isting -rovisions .relating to the same subject matter, 'I shall by construed as restatements and continuations thereof and not as nniAr enactments . 0022 . Prior n rdina.nce Violations. Prosecution for I violation of ordinances committed prior to the effective date of this Code shall not be affected by the adoption of the Code. -2- Ord,, 588 0023. Licenses and Penalties. The adoption of this Code shall not be construed Ps a waiver of any license or penalty due and un-oaid under any ordinance at the ef- fective date of the code; nor shall such adoption be �I construed as affecting any provision of such ordinance relating to the collection of. any such licence or -penal- ty or the renal rrovisions arr?icable to the violation ' thereof. f, 0024. Bonds anal Deposits . The adoption of this Code shell not affect the validity of any bond or cash deposit required to be posted , filed or deposited. pursu- ant to such ordinance; and all rights and obligations r thereunder shall continue in full force and effect. 0025. Matters of Record. This Code shall not af- fect deposits or other matters of record which refer to, or are otherwise connected with, ordinances which are I t"erein specially designated by number or otherwise and which are included in the Code; but such references 1 ' shall be construed to apply to Vie corresponding provi- sions of the Code. CONSTRUCTIOI\1 0091. General, The provisions of this Code and all proceedings under it are to by construed to effect its object and to rromote ,justice. 0032 . Headings. Division, chapter, article and I section headings contained herein shall_ not govern, limit , modify or affect the scope , meaning or intent of the provisions of this Code, -3.- I Ord, 588 00 Territorial Limitation. This Code shall re- fer only to the omission or commission of acts within the territ-orial limits of the City of uuntington Beach and that territory outside of this City over which the City has jurisdiction or control by virtue of the Con- stitution, or any law, or by reason of ownership or control of rrorerty. 00341 . Local Signification. All references in this r Code to places , acts , pPreons or things and all else in relation to this Code shall be construe? to mean that i i the same are arn1icable to this City, whether the City Is mentioned in each r..articular section or not. 0035. Titles . The use of t'-e title of any officer, employee, office , derartment , board , commission or ordi- nance ehall mean such officer, employee , office, deraxt- ment , board , commission or ordinance of the City of uuntirgton Beach, unless otherwise designated . § 0036. Definitions. As used in this Code, unless a different meaning is aprarent from the context or is specified elsewhere in the Code : 0026. 1 "City" means the City of uuntington Beach. 0036.2 "Council" means the City Council of this I City. f oo36. 3 110sth" includes affirmation. -- oo36.4 "Person" means and includes natural person, corporation, company, firm; association, organization, i partnership, loint venture, trust, business trust , \ syndicate, estate, receiver, soci?l club, fraternal or- ganization , any group or combination acting as a unit , Ord, 588 and officer, agent , employee and servant of any of the foregoing. " K "Article" . " Divi- sion" 00 6. SectionChapter" and mean, respectively, section, Article , Chapter and Division of this Code. 0036.6 "Shall" and "must" are mandatory and "may" is permissive. 0036.7 "Written" includes every form of legible recording. 0037. TTndefined Words . 14ords and rhrases not de- fined in this Code are construed according to the ap- proved usage of the language. 0038. Number. The singular number includes the - ti plural, and the plural the singular. 0038.1 Gender. ?:Toros used. in the masculine gender 1w include the feminine and neuter. 0038.2 Tense. Words used in the present tense include the future. 0039. Constitutionality. If any' provision of this Code, or the application thereof to any person or cir- cumstrnce is held invalid, the remainder of this Code, or the ap_ nlication thereof to other T)ersons or circum- stances shall not bp affected thereby; and , to this end, the brovisions of this Code are declared to be sever- able. ENFORCEMENT 0041. Violation: Misdemeanor. Any person who violates or willfully fails to comply with any provision of this Code is guilty of a. misdemeanor. -5 - i Ord. 588 0042. Continuing Violation. Each person, firm or cor-oora.tion shall be deemed guilty of a. separate offense for each day or portion thereof during which any viola- tion of any provision of this Code is committed, contin- ued or rermitted , by such person, firm or corporation, and shall be punishable therefor as herein rrovided. oo43. Pena.. Any person convicted of a misde- meanor under the rrovisions of this Code (unless other- wise provided herein) shall be punishable by imprison- ment in the City Jail , of the City of uuntington Beach, if there be one , or in the County Jail of Orange County, of a court of -competent jurisdiction as the nVAW, Judge/may direct , not exceeding six ( 6) months , or by fine not exceeding five hundred dollars ($500 .00 ) , or by both such fine and imprisonment. 0044. Ratio of Imprisonment to Fine. Any ,judgment of fine shall direct that in default of the rayment of such fine, the defendent shall be imprisoned, -until such fine be satisfied ; provided, that in case of such impri- sonment for failure to na.y tre fine, the amount of the i fine shall be reduced two dollars 02 . 00 ) for each day so imprisoned. 0045. Forfeiture of Office. If the violation be i committed by an officer of this City, he shall be liable , not only to fine end imprisonment , but also to the for- feiture of his office . 0046. Form of Action. A violation of this Code may be prosecuted by the City Council of the City of 'Junting- t on Beach in the name of the Feo-o1P of the State of Cali- fornia, or A.t may be redressed by civil action at the J -6- Ord, 588 option of the Council. 0�. Abatement of Nuisance. 14henever a. public nuisance is maintained. or exists in this City, either under general law or defined to be such under this Code, it shall be the duty of t?l.e police of this City, and they are hereby authorized and empowered , to summarily abate the same by removal, destruction or abatement of the act or thing constituting such nuisance. NOTICES 0051. Service of Notices . t^ih.enever a notice is re- quired to be given under this Code (unless different -arovisions are otherwise specifically made herein) such notice may be given either by personal delivery thereof to the person to be notified or by deposit in the United �r States mail in a. sealed envelope, rostage prepaid, ad- dressed to such person to be notified, at his last known business or residence address as the s?me appears in the rublic records or other records pertaining to the matters to which such notice is directed . Service by mail shall be deemed to have been completed at the time (�. of deposit in the post office. d 0052 . Proof. Proof of giving any notice may be made by the certificate of any officer or employee of i this City or by affidavit of any person over the age of eighteen ( 18) years , which shows service in conformity , with this Code or other provisions of law applicable to the subject matter concerned. -7-- i Ord, 588 - Section A11 ordinances o r o ordinances 3• r parts f . �1 in conflict with the foregoing General Provisions are hereby ! repealed. t Section 4: The City Clerk shall certify to the passage and adoption of this ordinance and shall ca.usd the same to be published by one insertion in the Huntington Beach ?News , a weekly newspaper Printed, published and circulated in the City of Huntington Beach, California.; and thirty days after the adoption thereof the same shall take effect and be in force. PASSED AND ADOPTED this 7th day of July 19/52. 1BR.`JGl • Mayor ATTEST : City Clerk -8- i; � J L Ord. 588 STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, JOHN L. HENRICKSEN, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, and ex-officio .Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is five; that the foregoing ordinance was first read to said City Council at a regular meeting thereof held on the 16th day of June, 1952 and was again read to said City Council at a regular meeting thereof held on the 7th day of July, 1952, and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council as follows: AYES:. Councilmen:. Wood, Talbert, Langenbeck, LeBard, Seabridge. NOES Councilmen: ° None. ABSENT: Count ilmen: None. City Clerk and ex-officio Clerk of the City Colihcil of the City of Huntington Beach, California* I