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.
1.7 Violations of code and general penalty.
1.8 Hardship waiver process to request fine reduction.
1.9 Infractions—First violation only.
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 Violations of code and general penalty.
(a) Violations of Code. No person shall violate or fail to comply with any provision or requirement of this code or any other ordinance of the city. Violation of this code or any other ordinance of the city may be prosecuted as a misdemeanor or infraction as set forth herein. The city may also issue a fine or administrative citation as set forth in Chapter 1A SPMC.
(b) City Prosecutor/City Attorney. Any violation of any provision of this code or any other city ordinance may be prosecuted as a misdemeanor, as an infraction, or as a civil administrative action in the discretion of the city attorney or city prosecutor.
(c) Misdemeanors. Any person who shall violate or fail to comply with any provision or requirement of this code, or any other ordinance of the city, shall be guilty of a misdemeanor unless: (1) such a violation or failure is designated as an infraction or is subsequently prosecuted as an infraction, in which case such person is guilty of an infraction; or (2) such a violation or failure is prosecuted as an administrative citation pursuant to Chapter 1A SPMC. Any person convicted of a misdemeanor under the provisions of this code shall be punishable by a fine of not more than $1,000, or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment.
(d) Infractions. Any person violating any provision or failing to comply with any requirement of this code expressly stated by this code to be an infraction or prosecuted as such shall be guilty of an infraction. Any person convicted of an infraction shall be punishable by: (1) a fine not exceeding $100.00 for a first violation; (2) a fine not exceeding $200.00 for a second violation of the same code provision within one year; (3) a fine not exceeding $500.00 for each additional violation of the same code provision within one year.
(e) Infractions—Building and Safety Codes. Every person convicted of an infraction for a violation of the city’s building and safety codes shall be punishable by (1) a fine not exceeding $130.00 for a first violation; (2) a fine not exceeding $700.00 for a second violation of the same code provision within one year; (3) a fine not exceeding $1,300 for each additional violation of the same code provision within one year; (4) a fine not exceeding $2,500 for each additional violation of the same code provision within two years of the first violation if the property is a commercial property that has an existing building at the time of the violation and the violation is due to failure by the owner to remove visible refuse or failure to prohibit unauthorized use of the property. As used herein, “year” means any consecutive 12-month period.
(f) Public Nuisances. In addition to the penalties hereinabove provided or as provided by law, any condition caused or permitted to exist in violation of any provision of this code shall be deemed a public nuisance and may be summarily abated as such by the city, and each day such condition continues shall be regarded as a new and separate offense.
(g) Violations of Conditions. Any violation of a condition of any permit, entitlement or approval issued pursuant to this code shall constitute a violation of this code.
(h) Continuing Violations—Separate Offenses. It shall constitute a new and separate offense for each and every day during any portion of which a violation of, or failure to comply with, any provision or requirement of this code, or any other ordinance of the city, is committed, continued, or permitted by any person and shall be punishable accordingly. (Ord. No. 1983, § 1; Ord. No. 2383, § 1, 2023.)
1.8 Hardship waiver process to request fine reduction.
Pursuant to Government Code Section 36900, the person responsible for the fine imposed pursuant to SPMC 1.7(d)(2), (d)(3), (e)(2) or (e)(3) may request a hardship waiver to reduce the amount of the fine by completing a hardship waiver form and returning the form to the community development department within 10 days of the date stated on the citation. The waiver request shall include a sworn affidavit under penalty of perjury and any supporting documents or materials demonstrating to the satisfaction of the community development director or his or her designee (“director”) that: (i) the recipient of the fine has made a bona fide effort to comply after the first violation, and (ii) payment of the full amount of the fine would impose an undue financial burden on the recipient. The director shall provide written notice of the determination of a timely received waiver request to the recipient of the fine by first class mail within 15 days of receipt of the hardship waiver form. Service shall be deemed complete at the time the notice is deposited into the mail and addressed to the person at the address indicated on the hardship waiver form. The determination notice shall include a brief description of the reasons for the determination to approve or not approve the hardship waiver. The written determination of the director shall be final. If the director determines not to approve a hardship waiver, the recipient of the fine shall, within 10 days of service of that determination, remit the deposit amount to the city. (Ord. No. 2383, § 5, 2023.)
1.9 Infractions—First violation only.
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 and Fowl
Sections:
16.2, 16.5, Control of dumping trash
16.3, Trash to be in container
16.4, Burning rubbish or debris
16.18, Trash can location
18.20, Operating without a city business license
19.20, Truck routes generally
19.21, Heavy truck on Pasadena Freeway
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 $100.00 or as provided by state law, or as otherwise specified in this Code. (Ord. No. 1799, § 1; Ord. No. 1983, § 2; Ord. No. 2139, § 1; Ord. No. 2201, § 2, 2010; Ord. No. 2357, § 4, 2021; Ord. No. 2383, § 2, 2023. Formerly 1.7A.)
1.10 Violation by minors.
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; Ord. No. 2383, § 3, 2023. Formerly 1.7B.)
1.11 Authorization to cite.
(a) The city’s code enforcement officers, and any other city officer or employee as determined and designated from time to time by the city manager, shall have the power, authority, and immunity, as set forth in Section 836.5 of the California Penal Code, to issue citations and make arrests without a warrant whenever such officers or employees have reasonable cause to believe that the person to be arrested has committed an infraction or misdemeanor violation of this code, or violation of any other city ordinance or state statute which such officers or employees have the duty to enforce, and the violation has been committed in the presence of such officers or employees.
(b) In any case in which a person is arrested pursuant to this authority and the person arrested does not demand to be taken before a magistrate, the officer or employee making the arrest shall prepare a written notice to appear and release the person on the promise to appear, as prescribed by Chapter 5C, commencing with Section 853.5, of the California Penal Code. The provisions of that chapter shall thereafter apply with reference to any proceeding based upon the issuance of a written notice to appear.
(c) The officers and employees identified in subsection (a) of this section, and other persons designated to do so by the city manager, shall have the concurrent authority to issue administrative citations as set forth in Chapter 1A SPMC.
(d) Nothing in this section shall affect any proceedings described in Chapter 1A SPMC. (Ord. No. 2383, § 6, 2023.)
1.12 Datum plane.
The United States geological survey datum plane is hereby adopted as the official datum plane of the city. (Ord. No. 674, § 1; Ord. No. 2383, § 4, 2023. Formerly 1.8.)