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TITLE 1: GENERAL PROVISIONS
1.04. RULES OF CONSTRUCTION
1.08. GENERAL PENALTY
1.10. ADMINISTRATIVE CITATION AND HEARING PROCESS ENFORCEMENT
1.16. ISSUANCE OF CITATIONS
1.20. CLAIMS AGAINST TOWN
1.04.010 Title of code
1.04.030 Application to future ordinances
1.04.060 Rules of interpretation
1.04.080 Reference to other sections
1.04.090 Reference to offices
1.04.100 Errors and omissions
1.04.110 Official time
1.04.120 Reasonable time
1.04.130 Ordinances repealed
1.04.140 Ordinances unaffected
1.04.150 Effective date of ordinances
1.04.160 Repeal or modification of ordinance
1.04.170 Ordinances which amend or supplement code
1.04.180 Section histories; statutory references
1.04.190 Notice; proof of service
1.04.200 Maintenance of code
1.04.210 Violations; imposition and determination of penalty
1.04.220 Place of confinement
This codification of ordinances by and for the Town of Fairfax, California, shall be designated as the Fairfax Town Code and may be so cited.
Unless otherwise provided herein or by law or implication required, the same rules of construction, definition and application shall govern the interpretation of this code as those governing the interpretation of state law.
All provisions of Title 1, compatible with future legislation, shall apply to ordinances hereafter adopted amending or supplementing this code unless otherwise specifically provided.
Headings and captions used in this code other than the title, chapter and section numbers are employed for reference purposes only and shall not be deemed a part of the text of any section.
(A) General rule.
(1) Words and phrases shall be taken in their plain, ordinary and usual sense.
(2) However, technical words and phrases having a peculiar and appropriate meaning in law shall be understood according to their technical import.
(B) Specific definitions. For the purpose of this code, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CALENDAR YEAR. From January 1 through December 31 of any given year.
COUNCIL. The Town Council of the Town of Fairfax.
COUNTY. Marin County, California.
DAY. A calendar day unless otherwise expressed.
FISCAL YEAR. From July 1 of any given year through June 30 of the following year.
MAY. The act referred to is permissive.
MONTH. A calendar month.
OATH. An affirmation in all cases in which, by law, an affirmation may be substituted for an oath and, in such cases, the words SWEAR and SWORN shall be equivalent to the words AFFIRM and AFFIRMED.
OFFICER, OFFICE, EMPLOYEE, COMMISSION or DEPARTMENT. An officer, office, employee, commission or department of the town unless the context clearly requires otherwise.
OWNER. Applied to a building or land, the term shall include any part owner, joint owner, tenant, tenant in common or joint tenant of whole or part of the building or land.
(a) Extends to and includes person, persons, firm, corporation, copartnership, trustee, lessee or receiver.
(b) Whenever used in any clause prescribing and imposing a penalty, the terms PERSON or WHOEVER, as applied to any unincorporated entity, shall mean the partners or members thereof, and as applied to corporations, the officers or agents thereof.
PERSONAL PROPERTY. Money, goods, chattels, things in action and evidences of debt.
PRECEDING or FOLLOWING. Next before or next after, respectively.
PROPERTY. Both real and personal property.
QUARTERLY. When used to designate a period of time, the first three calendar months of any given year or any succeeding period of three calendar months.
REAL PROPERTY. Lands, tenements and hereditaments.
SHALL. The act referred to is mandatory.
SIGNATURE or SUBSCRIPTION. Includes a mark when the person cannot write.
STATE. The State of California.
STREET. All streets, highways, avenues, boulevards, alleys, courts, places, squares or other public ways in the town which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of the state.
(a) A division of a chapter, designated in this code by a heading in the chapter analysis and a capitalized heading in the body of the chapter, setting apart a group of sections related by the subject matter of the heading.
(b) Not all chapters have SUBCHAPTERS.
TENANT or OCCUPANT. Applied to a building or land, the terms shall include any person who occupies the whole or part of the building or land, whether alone or with others.
TOWN CODE, CODE, THIS CODE or THIS CODE OF ORDINANCES. This municipal code, as modified by amendment, revision and adoption of new titles, chapters or sections.
TOWN, MUNICIPAL CORPORATION or MUNICIPALITY. The Town of Fairfax, California.
WRITTEN. Any representation of words, letters or figures, whether by printing or otherwise.
YEAR. A calendar year unless otherwise expressed.
The construction of all ordinances of the town shall be by the following rules unless the construction is plainly repugnant to the intent of the legislative body or of the context of the same ordinance:
(A) “And” or “or.” Either conjunction shall include the other as if written “and/or,” if the sense requires it.
(B) Acts by assistants. When a statute or ordinance requires an act to be done which, by law, an agent or deputy as well may do as the principal, the requisition shall be satisfied by the performance of the act by an authorized agent or deputy.
(C) Gender; singular and plural; tenses. Words denoting the masculine gender shall be deemed to include the feminine and neuter genders; words in the singular shall include the plural, and words in the plural shall include the singular; the use of a verb in the present tense shall include the future, if applicable.
(D) General term. A general term following specific enumeration of terms is not to be limited to the class enumerated unless expressly so limited.
If any provision of this code, as now or later amended, or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions that can be given effect without the invalid provision or application.
Whenever, in one section, reference is made to another section hereof, the reference shall extend and apply to the section referred to as subsequently amended, revised, recodified or renumbered unless the subject matter is changed or materially altered by the amendment or revision.
Reference to a public office or officer shall be deemed to apply to any office, officer or employee of the town exercising the powers, duties or functions contemplated in the provision, irrespective of any transfer of functions or change in the official title of the functionary.
(A) If a manifest error is discovered, consisting of the misspelling of any words; the omission of any word or words necessary to express the intention of the provisions affected; the use of a word or words to which no meaning can be attached; or the use of a word or words when another word or words was clearly intended to express the intent, the spelling shall be corrected and the word or words supplied, omitted or substituted as will conform with the manifest intention, and the provisions shall have the same effect as though the correct words were contained in the text as originally published.
(B) No alteration shall be made or permitted if any question exists regarding the nature or extent of the error.
The official time, as established by applicable state/federal laws, shall be the official time within the town for the transaction of all municipal business.
(A) In all cases where an ordinance requires an act to be done in a reasonable time or requires reasonable notice to be given, reasonable time or notice shall be deemed to mean the time which is necessary for a prompt performance of the act or the giving of the notice.
(B) The time within which an act is to be done, as herein provided, shall be computed by excluding the first day and including the last. If the last day be a Saturday or Sunday, it shall be excluded.
This code, from and after its effective date, shall contain all of the provisions of a general nature pertaining to the subjects herein enumerated and embraced. All prior ordinances pertaining to the subjects treated by this code shall be deemed repealed from and after the effective date of this code.
All ordinances of a temporary or special nature and all other ordinances pertaining to subjects not embraced in this code shall remain in full force and effect unless herein repealed expressly or by necessary implication.
(A) Ordinances take effect 30 days after their final passage.
(B) An ordinance takes effect immediately, if it is an ordinance:
(1) Relating to an election;
(2) For immediate preservation of the public peace, health or safety, containing a declaration of the facts constituting the urgency, and is passed by a four-fifths vote of the Town Council;
(3) Relating to street improvement proceedings;
(4) Relating to taxes for the usual and current expenses of the town; or
(5) Covered by particular provisions of law prescribing the manner of its passage and adoption.
(Cal. Gov't Code § 36937)
(A) Whenever any ordinance or part of an ordinance shall be repealed or modified by a subsequent ordinance, the ordinance or part of an ordinance thus repealed or modified shall continue in force until the ordinance repealing or modifying it becomes effective unless otherwise expressly provided.
(B) No suit, proceedings, right, fine, forfeiture or penalty instituted, created, given, secured or accrued under any ordinance previous to its repeal shall in any way be affected, released or discharged, but may be prosecuted, enjoyed and recovered as fully as if the ordinance had continued in force unless it is otherwise expressly provided.
(C) When any ordinance repealing a former ordinance, clause or provision shall be itself repealed, the repeal shall not be construed to revive the former ordinance, clause or provision unless it is expressly provided.
(A) If the legislative body shall desire to amend any existing chapter or section of this code, the chapter or section shall be specifically repealed and a new chapter or section, containing the desired amendment, substituted in its place. Any ordinance which is proposed to add to the existing code a new chapter or section shall indicate, with reference to the arrangement of this code, the proper number of the chapter or section.
(B) In addition to such indication thereof as may appear in the text of the proposed ordinance, a caption or title shall be shown in concise form above the ordinance.
(A) As histories for the code sections, the specific number and passage date of the original ordinance and all subsequent amending ordinances, if any, are listed following the text of the code section. Example: (Ord. 10, passed 5-13-1960; Am. Ord. 15, passed 1-1-1970; Am. Ord. 20, passed 1-1-1980; Am. Ord. 25, passed 1-1-1985)
(B) (1) If a statutory cite is included in the history, this indicates that the text of the section reads substantially the same as the statute. Example: (Cal. Penal Code § 1212) (Ord. 10, passed 1-17-1980; Am. Ord. 20, passed 1-1-1985)
(2) If a statutory cite is set forth as a “statutory reference” following the text of the section, this indicates that the reader should refer to that statute for further information. Example:
§ 3.08.010 PUBLIC RECORDS AVAILABLE.
This town shall make available to any person for inspection or copying all public records unless otherwise exempted by state law.
Inspection of public records, see Cal. Gov’t Code §§ 6250 et seq.
Inspection of public records, see Cal. Gov’t Code §§ 6250 et seq.
(C) If a section of this code is derived from the previous code of ordinances of the town published in a prior year and subsequently amended, the Prior Code section number shall be indicated in the history by “(Prior Code, § ).”
(A) Whenever a notice is required to be given under this code, unless different provisions are otherwise specifically made in the code, the notice may be given either by personal delivery thereof to the person to be notified or by deposit in the United States mail in a sealed envelope, postage prepaid, addressed to the person to be notified at his or her last known business or residence address as the same appears in the public records of the town or other records pertaining to the matter to which the notice is directed. Service by mail shall be deemed to have been completed at the time of deposit in the Postal Service.
(B) Proof of giving any notice may be made by the certificate of any officer or employee of the town or by affidavit of any person over the age of 18 years, which affidavit shows service in conformity with this code or other provisions of law applicable to the subject matter concerned.
(A) (1) Not less than three copies of this code shall be filed for use and examination by the public in the office of the Town Clerk.
(2) At least three additional copies, duly certified by the Town Clerk, shall be maintained on file in his or her office as the official copies of the code.
(3) Additional copies of the code shall be distributed to the departments and divisions of the town as shall be prescribed by the Town Manager.
(B) Upon the adoption of any amendment or addition to this code, or upon the repeal of any of its provisions, the Town Clerk shall certify thereto and shall make an appropriate notation in the official volumes of this code of the taking of the action, noting the number and date of the ordinance pursuant to which the action is taken.
(C) Duly certified copies of each ordinance making changes in the code shall be filed in the office of the Town Clerk in books for such purpose, duly indexed for ready reference.
(D) At least quarterly, the Town Clerk shall cause the loose leaf pages of this code in which changes have been made to be reproduced, including the notation as to the ordinance number and date pursuant to which the change is adopted, and distributed in order that the loose leaf copies of the code, prepared for the use and convenience of the officers and employees of the town and the general public, may be brought up-to-date.
(A) Prohibited acts. Whenever, in this code, any act or omission is made unlawful, it shall include causing, permitting, aiding, abetting, suffering or concealing the fact of the act or omission.
(B) Imposition of penalty. The provisions of this code which declare certain crimes to be punishable as therein mentioned devolve a duty upon the court authorized to pass sentence to determine and impose the punishment described.
(C) Determination of punishment. Whenever, in this code, the punishment for a crime is left undetermined between certain limits, the punishment to be inflicted in a particular case shall be determined by the court authorized to pass sentence, within the limits as may be prescribed by this code.
Every person found guilty of violating any of the provisions of this code and sentenced to imprisonment shall be imprisoned in the County Jail or other authorized facility.