CHAPTER 1.04
GENERAL PROVISIONS
Section
1.04.020 Grammatical interpretation
1.04.030 Prohibited acts include causing, permitting, and the like
1.04.050 Repeal shall not revive any ordinances
1.04.060 Misdemeanor violations
1.04.010 DEFINITIONS.
For the purpose of this code, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
CENTRAL BUSINESS DISTRICT or CENTRAL TRAFFIC DISTRICT. All streets and portions of streets within the area described as follows: All that area bounded by Pine Street on the north, Oak Street on the south, Main Street on the west, McPherson Street on the east and North Harrison Street heading east on Redwood Avenue.
CHIEF OF POLICE. The Chief of Police of Fort Bragg or his or her authorized subordinate.
CITY. The City of Fort Bragg, California, or the area within the territorial limits of the City of Fort Bragg, California, and the territory outside of the City over which the City has jurisdiction or control by virtue of any constitutional or statutory provision.
CITY COUNCIL. The City Council of the City of Fort Bragg, California. “All its members” or “all Councilmembers” means the total number of Councilmembers provided by the general laws of the State of California.
CITY MANAGER. The City Manager of the City of Fort Bragg, or his or her designee.
CODE, THIS CODE, or MUNICIPAL CODE. The City of Fort Bragg’s Municipal Code, all uniform codes that have been incorporated into the City’s Municipal Code, and any applicable local, state or federal laws and regulations that are or may be enforced by the City, including, without limitation, the State Housing Law (Cal. Health and Safety Code § 17910 et seq.).
COUNTY. The County of Mendocino, California.
FIRE CHIEF. The Fire Chief of Fort Bragg Fire Protection Authority or his or her authorized subordinate.
HOLIDAYS. The City observes the following legal holidays: New Year’s Day, Martin Luther King Jr. Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Indigenous Peoples’ Day, Veterans Day, Thanksgiving Day, the day after Thanksgiving, Christmas Eve Day, and Christmas. Legal holidays falling on a Saturday are observed on Friday. Legal holidays falling on a Sunday are observed on Monday.
LAW. Denotes applicable federal law, the Constitution and statutes of the State of California, the ordinances of the City of Fort Bragg, California, and, when appropriate, any and all rules and regulations which may be promulgated thereunder.
MAY. Is permissive.
MUST and SHALL. Each is mandatory.
OATH. Includes affirmation.
OFFICE. The use of the title of any officer, employee, or any office, means the officer, employee, or office of Fort Bragg unless otherwise specifically designated.
OFFICIAL TIME STANDARDS. Whenever certain hours are named herein, they shall mean standard time or daylight saving time as may be in current use in this City.
ORDINANCE. 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.
PERSON. Natural person, joint venture, joint stock company, organization, partnership, association, club, company, corporation, business, trust, or the manager, lessee, agent, servant, officer, or employee of any of them.
POLICE OFFICER. Every officer of the Police Department of this City or any officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.
STATE. The State of California.
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.
VEHICLE CODE. The Vehicle Code of the State of California.
WRITTEN. 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 it is expressly provided otherwise.
(Ord. 982, § 2, passed 10-11-2022)
1.04.020 GRAMMATICAL INTERPRETATION.
The following grammatical rules shall apply in the ordinances of the City:
A. Gender. Any gender includes the other genders.
B. Singular and Plural. The singular number includes the plural and the plural includes the singular.
C. Tenses. Words used in the present tense include the past and the future tenses and vice versa.
D. 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. 982, § 2, passed 10-11-2022)
1.04.030 PROHIBITED ACTS INCLUDE CAUSING, PERMITTING, AND THE LIKE.
Whenever in this code any act or omission is made unlawful, it shall include causing, allowing, permitting, aiding, abetting, suffering, or concealing the fact of the act or omission.
(Ord. 982, § 2, passed 10-11-2022)
1.04.040 CONSTRUCTION.
The provisions of this code and all proceedings under it are to be construed with a view to effect its objects and to promote justice.
(Ord. 982, § 2, passed 10-11-2022)
1.04.050 REPEAL SHALL NOT REVIVE ANY ORDINANCES.
The repeal of an ordinance shall not repeal the repealing clause of the ordinance or revive any ordinance which has been repealed thereby.
(Ord. 982, § 2, passed 10-11-2022)
1.04.060 MISDEMEANOR VIOLATIONS.
Whenever in this code any act is prohibited or is made or declared to be unlawful or an offense, or the doing of any act is required or the failure to do any act is declared to be unlawful, such violation of this code or failure to comply with its requirements shall constitute a misdemeanor, unless expressly provided otherwise. Any violation constituting a misdemeanor under this code may, in the discretion of the City Attorney, be charged and prosecuted as an infraction. Any person convicted of a misdemeanor under the provisions of this code, unless otherwise provided in this chapter, shall be punishable by a fine of not more than $1,000 or by imprisonment in the county jail for a period of not more than 6 months or by both fine and imprisonment. Any person convicted of an infraction under the provisions of this code, unless otherwise provided in this chapter, shall be punishable by a fine only as follows: upon a first conviction by a fine not exceeding $100.00 and for a second conviction of the same ordinance within 1 year by a fine not exceeding $200.00 and for any conviction of the same ordinance within a period of 1 year, by a fine not exceeding $500.00 for each subsequent violation.
(Ord. 982, § 2, passed 10-11-2022)