CHAPTER 1
GENERAL PROVISIONS
1-13 Provisions considered as continuations of existing ordinances
1-14 Construction of legislation
1-15 Effect of repeal of ordinances
1-16 Severability of provisions
1-18 Territorial applicability of code
1-21 General penalty and continuing violations
1-22 Public officers’ powers to arrest without a warrant
1-10 Title of code
This code shall be known as the Solano County Code. Without following the procedures necessary to amend the provisions of the Solano County Code, the clerk of the board of supervisors, with the advice and consent of county counsel, may periodically correct clerical errors and renumber or reletter the sections of this code so long as no substantive changes are made.
(Ord. No. 1759, §2)
1-11 Definitions
The following terms are defined for purposes of this code and all ordinances of the county:
(a) Board of supervisors. “Board of Supervisors,” “Board” or “board of supervisors” means the board of supervisors of the County of Solano.
(b) Code. “The code” or “this code” means the Solano County Code.
(c) County. “The county” or “this county” means the County of Solano.
(d) Day. A “day” is a period of time between any midnight and the midnight following.
(e) Gender. The masculine gender includes the feminine, and the feminine includes the masculine.
(f) Joint authority. All words giving a joint authority to three (3) or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.
(g) Oath. “Oath” includes affirmation.
(h) Person. “Person” includes any person, firm, association, organization, partnership, joint venture, business trust, corporation or company.
(i) Property. Property includes real and personal property.
(j) Section and subdivision. “Section” means a section of this code unless some other statute is specifically mentioned. “Subdivision” means a subdivision of the section in which the term occurs unless some other section is expressly mentioned.
(k) Shall, will and may. “Shall” and “will” are mandatory and “may” is permissive.
(l) State. “The state” or “this state” means the state of California.
(m) Tenses. The present tense includes the past and future tenses, and the future includes the present.
(n) Writing. 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.
(Ord. No. 1759, §2)
1-12 Effect of headings
Title, division, part, chapter, article and section headings do not in any manner affect the scope, meaning or intent of the provisions of the code.
(Ord. No. 1759, §2)
1-13 Provisions considered as continuations of existing ordinances
The provisions appearing in this code, so far as they are in substance the same as those of ordinances existing at the time of the effective date of this code, shall be considered as continuations of it and not as new enactments.
(Ord. No. 1759, §2)
1-14 Construction of legislation
The use of the word “shall” or “will” in this code or any ordinance, resolution, rule or other regulation is not intended to impose upon the county, its officers, agents or employees a mandatory duty of care towards persons or property so as to provide a basis of civil liability for damages. Any provision of this code or any ordinance, ordinance adopting uniform codes by reference, resolution, rule or other regulation that govern the conduct of the county, or any of its officers, agents or employees, shall in all instances be deemed to be directory rather than mandatory. It is the intent of this section to preserve the immunities provided by the Tort Claims Act and not to impose on the county or its officers, agents or employees a mandatory duty of care toward persons and property so as to provide a basis of civil liability for damages.
(Ord. No. 1759, §2)
1-15 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.
(Ord. No. 1759, §2)
1-16 Severability of provisions
If any provision of this code, or its application to any person or circumstance, is held invalid, the remainder of the code, or the application of such provision to other persons or circumstances, shall not be affected.
(Ord. No. 1759, §2)
1-17 Computation of time
The time in which any act provided by law is to be done is computed by excluding the first day and including the last day, unless the last day is an official county holiday, and then it is also excluded.
(Ord. No. 1759, §2)
1-18 Territorial applicability of code
This code is applicable in the unincorporated territory of the County of Solano and to the territory within the corporate limits of any city over which the county has jurisdiction or control by virtue of the Constitution or any law, by reason of ownership or control of the property, or by virtue of any agreement between the county and any city within the territorial limits of the county.
(Ord. No. 1759, §2)
1-19 Authority of deputies
Whenever a power is granted to or a duty is imposed on a public officer, the power may be exercised or the duty may be performed by a deputy of such officer or by a person otherwise authorized under law, unless the code provides otherwise.
(Ord. No. 1759, §2)
1-20 Nuisances
Any condition existing in violation of this code is a public nuisance, and may be abated in a civil action, summarily or otherwise by the county.
(Ord. No. 1759, §2)
1-21 General penalty and continuing violations
Whenever in this code or in any other ordinance of the county or in any rule or regulation promulgated pursuant to it any act is prohibited or 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 or a misdemeanor, where no specific penalty is provided for, the violation of any such provision of this code or any other ordinance, rule or regulation of the county is punishable by imprisonment in the county jail not exceeding six (6) months, or by fine not exceeding one thousand dollars ($1,000.00), or both.
Every day any violation of this code or any other ordinance, rule or regulation of the county shall continue shall constitute a separate offense.
(Ord. No. 1759, §2)
1-22 Public officers’ powers to arrest without a warrant
Under the provisions of Penal Code Section 836.5, the board of supervisors authorizes public officers employed by the County of Solano to arrest without a warrant any person whenever the public officer has reason to believe that the person has committed a misdemeanor in his or her presence. Such authority shall apply only to arrests for violations of statutes and ordinances which the public officer has the duty to enforce during the duration of the public officer’s employment.
(Ord. No. 1759, §2)