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ORD 146 ORDINANCE NO. 146 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ENACTING AND ADOPTING THE RANCHO PALOS VERDES MUNICIPAL CODE, WHICH CODE CONSISTS OF REGULATORY, PENAL AND CERTAIN ADMINISTRATIVE REGULATIONS AND PROVISIONS OF THE CITY AND PROVIDES FOR PENALTIES FOR VIOLATIONS AND ADOPTING BY REFERENCE, PURSUANT TO SECTION 50022.2 OF THE GOVERNMENT CODE, THE FIRE CODE OF THE COUNTY OF LOS ANGELES, BEING ORDINANCE NO. 2947 OF THE COUNTY NTY OF LOS ANGELES AMENDED BY ORDINANCE NO. 11,556 OF THE COUNTY OF LOS ANGELES, ADOPTING BY REFERENCE THE "UNIFORM " THE WESTERN FIRE FIRE CODE," 1976 EDITION, PREPARED BY CHIEFS ASSOCIATION AND THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS, WITH CERTAIN EXCEPTIONS, THE TRAFFIC ORDINANCE, BEING ORDINANCE NO. 6544 OF THE COUNTY OF LOS ANGELES, THE GENERAL HAZARDS ORDINANCE, BEING ORDINANCE NO. G 5307 OF THE COUNTY OF LOS ANGELES, ORDINANCE NO. 1549 OF THE COUNTY OF LOS ANGELES ENTITLED "AN ORDINANCE PROHIBITING INTERFERENCE WITH, DAMAGE TO, DESTRUCTION OR USE OF ANY FLOOD OOD CONTROL STORM DRAIN OR WATER CONSERVATION STRUCTURE, FACILITY, APPURTENANCES OR ANY OTHER PROPERTY OWNED, CONSTRUCTED, MAINTAINED OR CONTROLLED BY THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT IN THE COUNTY OF LOS ANGELES WITHOUT A PERMIT IT THEREFOR AND PROHIBITING THE DUMPING OF ANY RUBBISH OR THE PLACING OF ANY OBSTRUCTION IN THE STREAM BED OR ON THE BANK OF ANY RIVER, STREAM, WASH, ARROYO OR FLOOD CONTROL CHANNEL,NEL RESERVOIR, DEBRIS BASIN OR SPREADING GROUND IN THE COUNTY OF LOS ANGELES," THE HEALTH CODE, BEING ORDINANCE N . O 7583 OF THE COUNTY OF LOS ANGELES, THE SANITARY SEWER AND INDUSTRIAL WASTE ORDINANCE, BEING ORDINANCE NO. 6130 OF THE COUNTY OF LOS ANGELES, THE HIGHWAY PERMIT ORDINANCE, BEING ORDINANCE NO. 3597 OF THE COUNTY OF LOS ANGELES AS AMENDED BY ORDINANCE NO. 9349 OF THE COUNTY OF LOS ANGELES, THE BUILDING CODE, BEING ORDINANCE NO. 2225 OF THE COUNTY OF r LOS ANGELES, AS CONTAINED IN THE 1981 EDITION OF THE LOS ANGELES COUNTY BUILDING CODE, PUBLISHED BY BUILDING NEWS, INC. , THE ELECTRICAL CODE, BEING ORDINANCE NO. 11906 OF THE COUNTY OF LQS ANGELES, AS CONTAINED IN THE LOS ANGELES COUNTY ELECTRICAL CODE, 1979 EDITION, THE LOS ANGELES COUNTY PLUMBING C r ODE BEING ORDINANCE NO. 2269 OF THE COUNTY OF LOS ANGELES, AS CONTAINED IN SAID LOS ANGELES COUNTY PLUMBING CODE r 1981 EDITION, PUBLISHED BY BUILDING NEWS, INC. , INCLUDING APPENDICES THERETO, THE LOS ANGELES COUNTY MECHANICAL THE COUNTY OF LOS ANGELES ORDINANCE NO. 9544 OF TH CODE, BEING AS CONTAINED IN THE LOS ANGELES MECHANICAL CODE, 1977 EDITION, AS SAID ORDINANCES AND EACH OF THEM ARE AMENDED AND IN EFFECT AND AS CODIFIED IN THE LOS ANGELES COUNTY CODE, SAVE AND EXCEPT SUCH PORTIONS THEREOF AS ARE DELETED, MODIFIED OR AMENDED BY THE PROVISIONS OF THE RANCHO PALOS VERDES MUNICIPAL CODE; PRESCRIBING CERTAIN PENALTIES FOR THE VIOLAITON OF THE PROVISIONS THEREOF AND REPEALING CERTAIN ORDINANCES AS SPECIFIED THEREIN. The City Council of the City of Rancho Palos Verdes does ordain as follows: Section 1. Adoption of the Rancho Palos Verdes Municipal Code. That certain document entitled "Rancho Palos Verdes Municipal Code," three (3 ) copies of which have been filed and are on file in the office of the City Clerk for public inspection, together with the secondary Codes therein Y adopted by reference, is hereby adopted by reference as P a comprehensive ive ordinance Code for the City of Rancho Palos p ns of Article 2 of Chapter Verdes pursuant to the provisions 1 1 of Part 1 of Division 1 of Title 5 of the Government Code of the State of California, and each and all of the provisions, terms, and penalties nd of said Code on file in the office of the City Clerk lerk are hereby referred to, adopted , incorporated herein and made a part of this ordinance as if fully set forth in this ordinance. Section 2. Certain ordinances to remain in effect. Those certain ordinances of the City of Rancho Palos Verdes which are identified as "special" in the Ordinance List and Disposition Table and Ordinance Nos. 139U, 140U, 143U, 144 and 145 shall not be repealed but shall remain in full force and effect. In addition to the foregoing, Ordinance Nos. 141 and 142 shall remain in full force and effect pending their codification and incorporation into the Rancho Palos Verdes Municipal Code following its adoption as modifications thereto, the incorporation and codification of said ordinances into said Code being hereby authorized and approved. Section 3. Savings provisions. The repealing provisions of the Rancho Palos Verdes Municipal Code shall not affect or impair any act done, or right vested or approved, or any proceeding, suit, or prosecution had or commenced in any cause before such repeal shall take effect; but every such act done, or right vested or accrued, or proceeding, suit, or prosecution had or commenced shall remain in full force and effect to all intents and ur oses as if the applicable provisions of the P P ordinance, or part thereof, so repealed had remained in force and effect. No offense committed and no liability, penalty, or forfeiture, either civilly or criminally incurred prior to the time when any such ordinance, or part thereof, shall be repealed or altered by said Code, shall be discharged or affected by such repeal or alteration; but prosecutions and suits for such offenses, liabilities, penalties, or forfeitures shall be constituted and proceeded with in all respects as if such prior ordinance, or part thereof, had not been repealed or altered. Section 4. Chapter 1.01 of Title 1 of the Rancho Palos Verdes Municipal Code shall read as follows: CHAPTER 1.01. ADOPTION OF CODE 1.01.010. Title--Citation--Reference. This code shall be known as the "Rancho Palos Verdes Municipal Code" and it shall be sufficient to refer to said code as the "Rancho Palos Verdes Municipal Code" in any prosecution for the violation of any provision thereof or in any proceeding at law or equity. It shall be sufficient to designate any ordinance adding to, amending, correcting or repealing all or any part or portion thereof. 1.01. 020. Codification authority. This code consists of all the regulatory and penal ordinances and administrative ordinances of the City of Rancho Palos Verdes, California. 1.01. 030. Effective date. The provisions of this code shall take effect upon the effective date of the ordinance adopting this code by reference. 1.01.040. Construction and interpretation of Code. All the provisions of this Code and all City ordinances shall be interpreted to refer to the appropriate or designated officer or office of the City, and whenever an ordinance, uniform code, statute, or other matter which is adopted by reference refers to any department, officer, employee, inspection, police, or other function, unless the context requires otherwise, all such references shall be to the appropriate or designated office, officer, department, agency, employee or function of the City. 1.01.050. Title, chapter and section headings. Title, chapter and section`ion headings contained herein shall not be deemed to govern, limit, modify or in any manner Ordinance No. 146 -2- 2/16/82 affect the scope, meaning or intent of the provisions of any title, chapter or section hereof. 1.01.060. Reference to specific ordinance. The provisions of this code shall not in any manner affect matters of record which refer to, or are otherwise connected with ordinances which are therein specifically designated by number or otherwise and which are included within the code, but such reference shall be construed to apply to the corresponding provisions contained within this code. 1.01.070. Effect of code on past actions and obligations. Neither the adoption of this code nor the repeal or amendment hereby of any ordinance or part or portion of any ordinance of the City of Rancho Palos Verdes shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date, hereof, nor be construed as a waiver of any license, fee, or penalty at said effective date due and unpaid under such ordinances, nor be construed as affecting any of the provisions of such ordinances relating to the collection of any such license, fee, or penalty, or the penal validity of any bond or cash deposit in lieu thereof required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. 1.01.080. Validity of code. If any section, subsection, sentence, clause or phrase of this code is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this code. The council hereby declares that it would have passed this code, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases had been declared invalid or unconstitu- tional, and if for any reason this code should be declared invalid or unconstitutional, then the original ordinance or ordinances shall be in full force and effect. 1.01.100. Maintenance of Code. At least three (3) copies of this code, duly certified by the City Clerk, shall be maintained on file in the office of the City Clerk as the official copies of the code for the use and examination by the public. Additional copies of the code and shall be distributed as determined by the City Clerk. Duly certified copies of each ordinance making a change in the Code shall be filed in the office of the City Clerk in books for such purpose, duly indexed for ready reference. Section 5. Violations of Code provisions: Penalties. It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of the Rancho Palos Verdes Municipal Code or the provisions of Los Angeles County Ordinance Nos. 2947, as amended by 11,556, 1549, 5307, 7583, 6130, 11,906, 2269, and 9 544 by reference by said Code. Any person violating any of such provisions or failing to comply with any of the mandatory requirements of the Rancho Palos Verdes Municipal Code shall be guilty of a misdemeanor unless otherwise provided in the Rancho Palos Verdes Municipal Code or Article 1, Chapter 1, Division 17, of the Vehicle Code of the State, in which case such violation shall be an infraction. 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 the Rancho Palos Verdes Municipal Code, or the provisions of any Code adopted by reference by said Code, is committed, continued, or permitted by such person and shall be punishable accordingly. Ordinance No. 146 -3- 2/16/82 Any person convicted of a misdemeanor under the provisions of the Rancho Palos Verdes Municipal Code or the provisions of any code or ordinance adopted by reference by said code shall be punishable by a fine of not more than Five Hundred and no/100ths ($500.00) Dollars, or by imprison- ment in the County Jail for a period not exceeding six (6 ) months, or by both such fine and imprisonment. Any person convicted of an infraction under the provisions of the Rancho Palos Verdes Municipal Code or the provisions of any code or ordinance adopted by reference by said code shall be punishable for a first conviction by a fine of not more than Fifty and no/100ths ($50.00) Dollars, for a second conviction within a period of one year by a fine of not more than One Hundred and no/100ths ($100.00) Dollars, and for a third or any subsequent conviction within a period of one year by fine of not more than Two Hundred Fifty and no/100ths ($250.00) Dollars. In addition to the penalties provided by this section, any condition caused or permitted to exist in violation of any of the provisions of the Rancho Palos Verdes Municipal Code, or the provisions of any Code adopted by reference by said Code, or any subdivision, building, wiring, plumbing, or other similar activity in violation of the provisions of said Code shall be deemed a public nuisance and may be summarily abated by the City in a civil action, and each day such condition continues shall be a new and separate offense. Section 6. Violation of Traffice Ordinance; Penalties. (A) Penalty. Any person violating or failing to comply with any of the provisions of Los Angeles County Ordinance No. 6544, the Traffic Ordinance, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable for the first offense by a fine of not to exceed Fifty Dollars ($50.00) , or by imprisonment in the County Jail for a period not exceeding five (5) days; for a second violation within a period of one (1) year by a fine of not to exceed One Hundred Dollars ($100.00) , or by imprison- ment in the County Jail for a period not exceeding ten (10) days, or by both such fine and imprisonment; for a third and each additional offense committed within one (1 ) year by a fine or not exceeding Five Hundred Dollars ($500.00) , or by imprisonment in the County Jail for a period of not to exceed six (6 ) months, or by both such fine and imprisonment. (B) Minimum Penalty. In any case where a jail sentence is not imposed, where the jail sentence is less than two days, or if the jail sentence is suspended in whole or in part, a fine shall be imposed for a violation of Los Angeles County Ordinance No. 6544 in not less than the following amounts: (a) In any case, One Dollar ($1.00) . (b) When it is necessary to issue a notice to the violator, Two Dollars ($2.00) . (c) If it is necessary to issue a warrant to bring the violator into court, Ten Dollars ($10.00) . (C) Reckless Driving Penalty. Whenever reckless driving of a vehicle prohibited by Section 1601 of Los Angeles County Ordinance No. 6544 proximately causes bodily injury to any person, the person so driving such vehicle shall upon conviction thereof be punished by imprisonment in the County Jail for not less than thirty (30 ) days nor Ordinance No. 146 -4- 2/16/82 more than six (6 ) months or by a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) or by both. Section 7. Violation of Highway Permit Ordinance; Penalties. Every person who performs any work regulated by Los Angeles County Ordinance No. 3597 either without first obtaining a permit therefor from the Commissioner or having a permit, fails or refuses to comply with any applicable provisions of said ordinance or with any condition of the permit or perform work contrary to any of the general or special requirements or specifications of the permit, is guilty of a misdemeanor, and is guilty of a separate offense for every day during any part of which such violation occurs. Violation of any provisions of said ordinance is punishable by a fine of not more than Five Hundred Dollars ($500.00) _ or by imprisonment in a County Jail for not more than six (6 ) months, or by both such fine and imprisonment. Section 8. Violation of Building Code; Penalties,. (A) Compliance with Building Code. A person shall not erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy or maintain any building or structure or perform any grading in the City, or cause the same to be done, contrary to, or in violation of, any of the provisions of Los Angeles County Ordinance No. 2225, the Building Code. (B) Penalty--Failure to Obtain Permit. Any person, firm or corporation violating any of the provisions of Section 301(a) of the Building Code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of said Section 301(a) is committed , continued or permitted, and upon conviction of any such violation such person shall be punishable by a fine of not more than $500, or by imprisonment for not more than six months, or by both such fine and imprisonment. (C) Penalty--Other Violations. Any person, firm or corporation violating any of the provisions of the Building Code other than Section 301(a) shall be deemed guilty of an infraction, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of the Building Code is committed, continued or permitted, and upon conviction of any such violation such person shall be punishable by (1 ) a fine not exceeding $50 for a first violation; (2) a fine not exceeding $100 for a second violation of the same provision within one year; (3 ) a fine not exceeding $250 for each additional violation of the same provision within one year. Section 9. Effective date. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and approval. PASSED, APPROVED and ADOPTED this 16th day of February, 1982 on the following roll call vote: AYES: HEIN, SHAW, DYDA & MAYOR BACHARACH NOES: _ RYAN ABSENT: NONE Orit ,ktin 0)WitalLel-Ck) MAYOR ATTEST: Ali, I Appio. CI CLE'A4 Ordinance N. 1, 6 -5- 2/16/82 Z8/9T/Z -9- 9IT 'ON aauPuTp.Ep it=710 11 I 7'457-WY 06 Z86T '1ci niga3 ;o 1c p 1449T sT144 pTau ;oaiaqq. Buflaem a 4a sapaaA soT d ogoupH 3o '4T3 auq 3o TTouno3 cq.zo aq4 Aq paq.dopp pup passed '0N aouauTp10 3o Adoo ;oaiioo pup an14 P sT buTohaao3 auk 4E114 LLIZHH3 xsauall I 44 RANCHO PALOS VERDES STATE OF CALIFORNIA ) AFFIDAVIT OF POSTING COUNTY OF LOS ANGELES ) SS CITY OF RANCHO PALOS VERDES) The undersigned, being first duly sworn, deposes and says : That at all times herein mentioned, she was and now Y q is the duly qualified and actin - City Clerk of the City of Rancho Palos Verdes, California: That on the 25th day of February , 19 82 , she caused to be P ostedin three conspicuous places, as requ ri ed by law, ORDINANCE NO 146-ADOPTING RPV MUNICIPAL CODE (See attached) a copy of which is attached hereto, in the following public places in the City: CITY HALL RANCHO PALOS VERDES 30940 HAWTHORNE BOULEVARD • LOS ANGELES COUNTY FIRE DEPARTMENT MI RAZE S TE STATION 4000 MIRALESTE PLAZA RANCHO PALOS VERDES CALIFORNIA RIDGECREST INTERMEDIATE SCHOOL 28915 NORTH BAY ROAD RANCHO PALOS VERDES . CALIFORNIA I certify under penalty of perjury that the foregoing is a true and correct affidavit of posting. „if 4,1641:41 MAR L T o S, - CI 1.7. CLERK • 30940 HAWTHORNE BOULEVARD/RANCHO PALOS VERDES,CA 90274/(213)377.0360