The ordinances embraced in the following chapters and sections shall constitute and be designated “The Code of the City of Gilroy, California, 1960,” and may be so cited. Such Code may also be cited as the “Gilroy City Code.”

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 Gilroy.”

Code. The words “the Code” or “this Code” shall mean “the Code of the City of Gilroy, California.”

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 in this Code, it shall be construed to mean the city council of the City of Gilroy.

County. The words “the county” or “this county” shall mean the County of Santa Clara.

Day.³ A day is a 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 an affirmation.

Officers, Departments, Etc. Officers, departments, boards, commissions and employees referred to in this Code shall mean officers, departments, boards, commissions and employees of the City of Gilroy, unless the context clearly indicates otherwise.

Official Time. Whenever certain hours are named in this code, 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 includes every species of property, except real property, as defined in this section.

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

“Process”¹² 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.

Shall, May.¹⁴ “Shall” is mandatory and “may” is permissive.

Signature or Subscription by Mark.¹⁵ “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.¹⁶ The present tense includes the past and future tenses, and the future includes the present.

Week.¹⁷ A week consists of seven (7) consecutive days.

Writing.¹⁸ “Writing” 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.

Year.¹⁹ The word “year” shall mean a calendar year, except where otherwise provided. (Ord. No. 781, § 3; Ord. No. 86-19, § 1, 10-6-86)

1.3 Provisions considered as continuations 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 continuations thereof and not as new enactments.

1.4 Effect of repeal of ordinances.

The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect.

The repeal of an ordinance shall not affect 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 a 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 boldface 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.

Any person, firm or corporation, whether, as principal, agent, employee or otherwise, who violates any of the provisions of this Code or who fails to comply with any of the mandatory requirements of this Code is guilty of an infraction, and upon conviction thereof, shall be punished as set forth below. Except as otherwise provided, every such person shall be guilty of a separate offense for each and every day during any portion of which any violation is committed, continued or permitted by such person, and shall be punishable accordingly. Any violation of this title or of the codes incorporated thereunder, following three (3) prior convictions therefor, shall constitute a misdemeanor.

(a) For a first violation, the violator shall be charged with an infraction punishable by a fine not exceeding one hundred dollars ($100.00).

(b) For a second violation within one year, the violator shall be charged with an infraction punishable by a fine not exceeding two hundred dollars ($200.00).

(c) For a third violation within one year, the violator shall be charged with an infraction punishable by a fine not exceeding five hundred dollars ($500.00).

(d) For each additional violation, the violator shall be charged with a misdemeanor punishable by a fine not exceeding one thousand dollars ($1,000.00), or by imprisonment in the county jail not exceeding six (6) months, or by both. (Ord. No. 77-15, § 2, 4-18-77; Ord. No. 88-12, § 1, 9-6-88)

1.8 Authority.

Sections 1.8 through 1.12 are enacted pursuant to section 935 of the California Government Code. (Ord. No. 2006-12, § I, 4-15-06)

1.9 Claims required.

All claims against the city for money or damages not otherwise governed by the Tort Claims Act, California Government Code section 900 et seq. or another state law (hereinafter in this chapter, “claims”) shall be presented within the time, and in the manner, prescribed by Part 3 of Division 3.6 of Title 1 of the California Government Code (commencing with section 900 thereof) for the claims to which that Part applies by its own terms, as those provisions now exist or shall hereafter be amended, and as further provided by sections 1.8 through 1.12.

In the event of any conflicts or inconsistencies between the provisions of section 1.8 through 1.12 and the remaining provisions of any other chapter(s) of the Gilroy City Code, the provisions of section 1.8 through 1.12 shall control, unless to do so would be inconsistent with the stated purpose of sections 1.8 through 1.12. (Ord. No. 2006-12, § I, 4-15-06)

1.10 Form of claim.

All claims shall be made in writing and signed by the claimant or by his or her guardian, conservator, executor or administrator. No claim may be filed on behalf of a class of persons unless signed by every member of that class as required by this section. In addition, all claims shall contain the information required by California Government Code section 910. (Ord. No. 2006-12, § I, 4-15-06)

1.11 Claim prerequisite to suit.

In accordance with California Government Code sections 935(b) and 945.6, all claims shall be presented as provided in Sections 1.8 through 1.12 and acted upon by the City of Gilroy prior to the filing of any action on such claims, and no such action may be maintained by a person who has not complied with the requirements of sections 1.8 through 1.12. (Ord. No. 2006-12, § I, 4-15-06)

1.12 Suit.

Any action brought against the City of Gilroy upon any claim or demand shall conform to the requirements of sections 940—949 of the California Government Code. Any action brought against any employee of the City of Gilroy shall conform to the requirements of sections 950 through 951 of the California Government Code. (Ord. No. 2006-12, § I, 4-15-06)

Article II. Prevailing Wages Required²⁰

1.13 Purpose and findings.

The state prevailing wage law requires contractors on public works projects to be paid the general prevailing rate of per diem wages for work of a similar character in the locality in which the work is performed. Under California Constitution, Article XI, Section 5, the laws of charter cities supersede state law with respect to municipal affairs of the city. The City of Gilroy is a charter city duly organized and validly existing under the laws of the State of California, and thus the city may exempt itself from prevailing wage requirements.

California Senate Bill No. 7 (“SB 7”), approved October 13, 2013, provides that the state has limited financial resources and resolves only to extend financial assistance to construction projects of those charter cities that require compliance with the prevailing wage law on all their municipal construction projects. Effective January 1, 2015, unless the contract was advertised for bid prior to that date, charter cities are additionally disqualified under SB 7 if the city has awarded, within the prior two (2) years, a public works contract without requiring the contractor to comply with prevailing wage requirements. Charter cities that have charter provisions exempting city projects from prevailing wage requirements may adopt a local prevailing wage ordinance with requirements equal to or greater than state prevailing wage law in order to avoid disqualification.

The city council in 1993 approved a policy directing staff to require prevailing wages to be paid on all capital improvement projects in the city. Compliance with SB 7, however, requires the payment of prevailing wages beyond capital improvement projects to include maintenance and repair work. Notwithstanding the city’s constitutional right to exempt locally funded projects from prevailing wage, the city finds its financial interests are best served by complying with California’s prevailing wage law as delineated in California SB 7 until such time as that law is modified to respect the city’s constitutional rights as a charter city or is otherwise invalidated by a court of competent jurisdiction. (Ord. No. 2014-16, § 1, 11-17-14)

1.14 Compliance.

The city will comply with California’s prevailing wage law to continue to receive state funding for construction projects pursuant to SB 7. (Ord. No. 2014-16, § 1, 11-17-14)

1.15 Prevailing wage requirements.

The city hereby requires prevailing wages to be paid on all public works contracts awarded by the city within the meaning of SB 7. Public works contracts do not include contracts for projects of twenty-five thousand dollars ($25,000) or less when the project is for construction work, or projects of fifteen thousand dollars ($15,000) or less when the project is for alteration, demolition, repair or maintenance work. (Ord. No. 2014-16, § 1, 11-17-14)

1.16 State funding.

The provisions of this article do not restrict the city from receiving or using state funding or financial assistance awarded prior to January 1, 2015, or from receiving or using state funding or financial assistance to complete a contract awarded prior to January 1, 2015. Further, this article does not disqualify or amend any contracts awarded prior to January 1, 2015. (Ord. No. 2014-16, § 1, 11-17-14)

1.17 SB 7 status.

If SB 7 is, for any reason, held to be invalid or inapplicable to charter cities by any court of competent jurisdiction or is otherwise repealed, this article shall automatically be void without further action of the city council and be of no further effect immediately thereafter. (Ord. No. 2014-16, § 1, 11-17-14)

Article III. Use of City Seal

1.18 Adoption of official seal.

There is adopted an official seal of the city having around its perimeter the words “City of Gilroy, California, incorporated March 12, 1870.” Any changes to the official seal shall be approved by the city council. (Ord. No. 2016-02, § 1, 1-25-16)

1.19 Custodian.

As provided for in the Gilroy City Charter, the city clerk shall be the custodian of the city seal. (Ord. No. 2016-02, § 1, 1-25-16)

1.20 Use of city seal.

(a) It shall be unlawful for any person or group to make or use the seal of the city of Gilroy, or any derivation, rendering, version, expression, logo, stamp or reproduction thereof, for any purpose other than for the official business of the city of Gilroy, its city council, officers or departments, except upon approval of the city council by resolution.

(b) No person or group shall place any imitation of the city seal, nor any derivation, rendering, version, expression, logo, stamp or reproduction thereof, on any written, printed or electronic material that is designed, intended or likely to confuse, deceive or mislead the public or cause the reader of such material to believe it to be an official city publication.

(c) It shall be unlawful for any person or group to place the city seal, or any derivation, rendering, version, expression, logo, stamp or reproduction thereof, on any written, printed or electronic material in favor of or against any ballot measure, or in favor of or against any candidate for public office. (Ord. No. 2016-02, § 1, 1-25-16)

1.21 Penalty.

Any person or group violating any provision of this chapter shall be guilty of a misdemeanor. At the discretion of the city, this chapter may also be enforced by use of civil or administrative remedies. (Ord. No. 2016-02, § 1, 1-25-16)

Charter reference—Codification of ordinances, § 610.

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

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

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

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

See. C. C., § 12.

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

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

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

For similar state law, see Gov. C., § 17; C.C.P., § 17.

See C.C., §§ 14 and 663.

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

See C.C., § 14; C.C.P., § 17.

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

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

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

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

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

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

Code reviser’s note: Ord. 2014-16 adds this article as Sections 2.1 through 2.5 of Chapter 1. The sections have been renumbered as 1.13 through 1.17 for proper sequence and to avoid duplication of numbering.

Chapter 1GENERAL PROVISIONS1

1.1 How Code designated and cited.