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ORD 043U ORDINANCE NO. 43 U AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES PROVIDING FOR PENALTIES, RULES OF CONSTRUCTION AND SECURITY BONDS, AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE AND DECLARING THE URGENCY THEREOF. THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES ORDAIN AS FOLLOWS: Section 1. Article I of the Rancho Palos Verdes Muni- cipal Code is amended by adding a Chapter 2 to read: "CHAPTER 2 - PENALTY PROVISIONS 1200. Violations, a Misdemeanor. No person shall violate any provisions, or fail to comply with any of the requirements of this Code. Any person violating any of the provisions or failing to comply with any of the requirements of this Code shall be guilty of a mis- demeanor. Any person convicted of a misdemeanor under the provisions of this Code shall be punishable by a fine of not more than Five Hundred Dollars, or by imprisonment in the County Jail for a period not exceeding six months, or by both such fine and imprison- ment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Code is committed, continued, or permitted by such person and shall be punishable accordingly. In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this Code shall be deemed a public nuisance and may be, by this City, summarily abated as such, and every day such condition continues shall be regarded as a new and separate offense. 1201. Violation of Administrative Provisions. The violation of any administrative provision of this Code by any officer or employee of the City may be deemed a failure to perform the duties under or observe the rules and regulations of the department , office or board within the meaning of the rules and regulations of the City. 1202. Penalties and Arrests for Violation of This Code and Other City Ordinances. (a) Notice to Appear. In any case in which a person is arrested for an offense declared by this Code to be a misdemeanor and does not demand to be taken before a magistrate, such person may, instead of being taken before a magistrate, be released according to the procedures set forth by this section. If the arresting officer or his superior determines that the person should be released, such officer or superior shall prepare in duplicate a written notice to appear in court, containing the name and address of such per- son, the offense charged, and the time and place where and when such person shall appear in court. If a per- son is not released prior to being booked and the officer in charge of the booking or his superior deter- mines that the person should be released, such officer or superior shall prepare such written notice to appear in court. -1- (b) Time Spe_cif ied. Unless waived by the person, the time specified in--the notice to appear must be at least five (5) days after arrest. (c) Place Specified. The place specified in the notice shall be the court of the magistrate before whom the person would be taken if the require- ment of taking an arrested person before a magistrate were complied with, or shall be an officer author_ized by such court to receive a deposit of bail. (d) P The officer shall deliver one copy of the notice to appear to the arrested person, and the arrested person, in order to secure release, must give his written promise so to appear in court by signing the duplicate notice which shall be retained by the officer. Thereupon the arresting officer shall forthwith release the person arrested from custody. (e) • Bail. The officer shall, as soon as practicable, file the duplicate notice with the magis- trate specified therein. Thereupon the magistrate may fix the amount of bail; which in his judgment, in accordance with the provisions of Section 1275 of The Penal Code of California, will be reasonable and suffi- cient for the appearance of the defendant and shall indorse upon the notice a statement signed by him in the form set forth in Section 815a of The Penal Code. The defendant may, prior to the date upon which he promised to appear in court, deposit with the magis- trate the amount of bail thus set. Thereafter, at the time when the case is called for arraignment before the magistrate, if the defendant shall not appear, either in person or by counsel, the magistrate may declare the bail forfeited, and may in his discretion order that no further proceedings shall be had in such case. Upon the making of such order that no further proceedings be had, all sums deposited as bail shall forthwith be paid into the County Treasury for distribu- tion pursuant to Section 1463 of The Penal Code. (f) Warrants, Failure to Appear. No warrant shall issue on such charge for the arrest of a person who has given such written promise to appear in court, unless and until he has violated such promise or has failed to deposit bail, to appear for arraignment, trial or judgment, or to comply with the terms and provisions of the judgment, as required by law. The officer shall indicate on the notice to appear whether he desires the arrested person to be booked as defined in subdivision 21 of Section 7 of The Penal Code. In such event, the magistrate shall, before the proceedings are finally concluded, order the defendant to be booked by the arresting agency. (g) Application of This Section. A peace officer may use the written notice to appear procedure set forth in this section for any misdemeanor offense for which the officer has arrested a person pursuant to Penal Code Section 836 or in which he has taken custody of a person pursuant to Penal Code Section 847. Ordinance No. 4 3 U -2- (h) Release After Booking. If the arrested person is not released pursuant to the provisions of this section prior to being booked by the arresting agency, then at the time of booking the arresting offi- cer, the officer in charge of such booking or his supe- rior officer, or any other person designated by the city or county for this purpose, shall make an imme- diate investigation into the background of the person to determine whether he should be released pursuant to the provisions of this section. Such investigation shall include, but need not be limited to, the person ' s name, address, length of residence at that address, length of residence within this state, marital and family status, employment, length of that employment, prior arrest record, and such other facts relating to the person's arrest which would bear on the question of his release pursuant to the provisions of this section. (i) Authority. The provisions of this sec- tion except this su section (i) hereof have been enacted pursuant to the provisions of Section 853. 6 of The Penal Code of the State of California. " Section 2. Article I of the Rancho Palos Verdes Code is amended by adding a Chapter 3 to read: "CHAPTER 3 - RULES OF CONSTRUCTION 1300. Construction, Provisions Governing. Unless the provisions or the context otherwise require , these general provisions, rules of construction and definitions shall govern the construction of this Code. 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. 1301. Headings., Effect of. Article, chapter, sec- tion, and subsection headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any article, chapter, section or subsection hereof. 1302. Reference to Acts or Omissions Within This City. This Code shall refer only to the omission or commission of acts within the territorial limits of the City and to that territory outside of the City over which the City has jurisdiction or control by virtue of the Constitution, or any law, or by reason of ownership or control of property. 1303. Prohibited Acts, Including Causing, Permit- _ _ _ _ - - __- ting or Sufferina. Whenever in this Code any act or omission is made unlawful, it shall include causing, permitting, aiding, abetting, suffering or concealing such act or omission. 1304. Acts by Deputy. Whenever in this Code a power is granted to or a duty is imposed upon a public officer or employee, the power may be exercised or the duty may be performed by a deputy of such officer or employee or by a person otherwise duly authorized pur- suant to law or ordinance, or by an officer of the County of Los Angeles, or by a deputy or employee of such officer when by contract with the City of Rancho Palos Verdes such officer is obligated and has agreed to perform certain duties on behalf of the City, -3- Ordinance No. 43 U unless this Code expressly provides otherwise. 1305. Writing. Writing includes any form of recorded message capable of comprehension by ordi- nary 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. 1306. Reference Applies to Amendments . When- ever a reference is made to any portion of this Code, or to any ordinance of this City, the refer- ence applies to all amendments and additions now or hereafter made. 1307. Notices.,_ Service of. Whenever a notice is required to be given under this Code, unless different provisions herein are otherwise specifi- cally made, such notice may be given either by per- sonal delivery thereof to the person to be notified or by deposit in the United States mail in a sealed envelope, postage prepaid, addressed to such person to be notified, at his last known business or resi- dence address as the same appears in the public rec- ords of the City or other records pertaining to the matter to which such notice is directed. Service by mail shall be deemed to have been completed at the time of deposit in the post office . 1308. Proof of Notice. Proof of giving any notice may y be made by the certificate of any officer or employee of the City, or by affidavit or declara- tion under penalty of perjury as provided by the California Code of Civil Procedure §2015. 5 of any person over the age of eighteen years, which shows service in conformity with this Code, or other pro- visions of law applicable to the subject matter concerned. 1309 . Tenses. The present tense includes the past and future tenses, and the future, the present. 1310. Gender. The masculine gender includes the feminine and neuter. 1311. Number. The singular number includes the plural, and the plural, the singular. 1312 . Shall and May. "Shall" is mandatory and "may"-is-permissive unless the context requires otherwise. 1313. Oath. "Oath" includes affirmation. 1314 . Person. "Person" as used in this Code or in any ordinance or code adopted hereby, includes any person, firm, association, organization, partner- ship, business trust, company or corporation, and any municipal, political or governmental corporation, district, body or agency, other than the City of Rancho Palos Verdes. 1315. State. "State" is the State of California. 1316 . County. "County" is the County of Los Angeles. Ordinance No. 43 U -4- 1317. City. "City" is the City of Rancho Palos Verdes. 1318. Office. The use of the title of any offi- cer, employee, or official shall mean such officer, employee, or official of the City of Rancho Palos Verdes, or his duly authorized representative. 1319 . Council. "Council" is the City Council of the City of Rancho Palos Verdes. 1320. Street. "Street" includes all streets, highways, avenues, lanes, alleys, courts, places, squares, sidewalks, parkways, 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 as designated in any law of this State. 1321. Owner. "Owner" applied to a building or land shall include any part owner, joint owner, tenant, tenant in common, joint tenant, of the whole or a part of such building or land. 1322 . Tenant or Occupant. "Tenant" or "occupant" as used in reference—to a building or land shall include any person who occupies the whole or part of such build- ing or land, whether alone or with others . 1323. Sale. "Sale" includes any sale, exchange, barter or offer for sale. 1324 . Goods. "Goods" includes wares or merchan- dise. 1325. Operate. "Operate" includes carry on, keep, conduct or maintain. 1326 . Inter retation. Whenever used in any ordi- nance, statute, or other matter which is adopted by reference, unless the context requires otherwise, the following references shall be given the following mean- ings: (a) "County of Los Angeles" shall mean the City of Rancho Palos Verdes. (b) "Board of Supervisors" shall mean the City Council of the City of Rancho Palos Verdes. (c) "Unincorporated Territory" shall mean the incorporated territory of the City of Rancho Palos Verdes. (d) "County" shall mean the City of Rancho Palos Verdes. (e) "County Officer" shall mean the appro- priate or designated officer of the City of Rancho Palos Verdes. (f) "Public Welfare Commission" shall mean the City Council of the City of Rancho Palos Verdes. (g) "Planning Director" shall mean the Planning Director of the City of Rancho Palos Verdes. -5- Ordinance No. 43 U 1327. Contracts with Los Angeles County. The City Council may contract with the County of Los Angeles pursuant to the laws of the State of California and the Charter of the County of Los Angeles, for the performance and execution by designated County offi- cials of the rights, powers and duties of officers, officials and employees of the City of Rancho Palos Verdes. Whenever in this Code, whether set forth in full or by adoption by reference, any power or author- ity is granted to an officer, official or employee, such power or authority is conferred upon the appro- priate officer, official or employee of the City of Rancho Palos Verdes or the appropriate officer, offi- cial or employee of the County of Los Angeles whose service in behalf of the City is provided for by a contract with the County of Los Angeles . " Section 3 . Article I of the Rancho Palos Verdes Code is amended by adding a Chapter 4 to read: "CHAPTER 4 - MISCELLANEOUS 1400. Bonds, Alternative Security. In any case in which a bond—in favor of the City is required of any permittee, licensee, subdivider, owner, or other person under any provision or provisions of this Code or in connection with any permit, license, subdivision, exception or other approval, action or regulation validly granted, made or issued by the City Council, Planning Commission, or other duly constituted body, agency or officer of the City, such bond shall be issued by a surety company duly authorized to transact surety business in the State of California, and shall be subject to the approval of the City Attorney. Not- withstanding the foregoing sentence, unless the appli- cable law, permit, license, exception, approval or other action shall otherwise provide, in lieu of such surety bond there may be deposited with the City Treas- urer savings and loan certificates or shares, or certi- ficates, or other evidence of deposit of funds in a bank or savings and loan association in an amount equal to the required bond, together with an assignment there- of to the City and an agreement containing substantial- ly the same provisions in favor of the City as the required bond, provided that as to any such alternate security the assignment in favor of the City and such agreement shall in every case be subject to the approval of the City Attorney. " Section 4. The penalty provisions contained in this ordinance are necessary to enable law enforcement offi- cers to enforce the provisions of the Rancho Palos Verdes Municipal Code, which presently has no penal provisions of general application. This ordinance is therefore necessary for the immediate preservation of the public peace, health or safety and shall take effect immediately. APPROVED AND ADOPTED this 2nd day of July , 1974 , by the following vote: AYES: Gunther Buerk, Ken Dyda, Francis D. Ruth, Mayor Ryan NOES: None ABSENT : Robert Ryan drair i ATTEST: V or ii,C)," / I ��� -6- City Clerk / Ordinance No. 43 U I HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance No. 43_ U passed and adopted by the City Council of the City of Rancho Palos Verdes at a meeting thereof held on the 2nd day of July 1974, and that said Ordinance was posted pursuant to law. City Clerk, ,,J -7- Ordinance No. 43 U STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CERTIFICATE OF POSTING CITY OF RANCHO PALOS VERDES ) The undersigned declares and certifies under penalty of perjury: That he at all times herein mentioned was and now is the duly qualified and acting City Clerk of the City of Rancho Palos Verdes, California; That on the 9th da of ?t day 19 he caused to be posted in three conspi uous ublic places, as required by law, o&4 . /O. 3 a copy of which is attached hereto, in the following public places in this City: City Hall 31244 Palos Verdes Drive West Los Angeles County Fire Station 4000 Miraleste Plaza Ridgecrest Intermediate School 28915 Northbay Road Dated this , ` day of 19 741 . LEONARD G. WOOD, CITY CLERK EX OFFICIO CLERK OF THE COUNCIL / ./fi 47 By f /� /.i -4/v Deputy