Title 1 GENERAL PROVISIONS
Chapter 1.01 CODE ADOPTION
1.01.010 Adoption.
There is adopted the city of American Canyon Municipal Code, as compiled, edited and published by Book Publishing Company, Seattle, Washington.
1.01.020 Title—Citation—Reference.
This code shall be known as the city of American Canyon Municipal Code and it shall be sufficient to refer to said code as the city of American Canyon 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 as an addition to, amendment to, correction or repeal of the city of American Canyon Municipal Code. References may be made to the titles, chapters, sections and subsections of the city of American Canyon Municipal Code and such references shall apply to those titles, chapters, sections or subsections as they appear in the code.
1.01.030 Reference applies to all amendments.
Whenever a reference is made to this code as the city of American Canyon Municipal Code or to any portion thereof, or to any ordinance of the city of American Canyon, codified herein, the reference shall apply to all amendments, corrections and additions heretofore, now or hereafter made.
1.01.040 Title, chapter and section headings.
Title, chapter and section 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 title, chapter or section hereof.
1.01.050 Reference to specific ordinances.
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.
Chapter 1.04 GENERAL PROVISIONS
1.04.010 Interpretation of code and other ordinances.
(A) The provisions of the ordinances of this city and all proceedings under them are to be construed to effect its objects and to promote justice.
(B) All the provisions of this code and all other city ordinances shall be interpreted to refer to the appropriate or designated officer or office of the city, and whether 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 references shall be to the appropriate or designated office, officer, department, agency, employee, or function of the city, or to the person or agency performing the function for the city.
1.04.020 Effect of code on past actions and obligations.
Neither the adoption of this code nor the repeal or amendment by this code of any ordinance or part or portion of any ordinance previously in effect in the city or within the territory currently comprising the city, shall in any manner affect the prosecution for the violation of any ordinance, which violation was committed prior to the effective date of this code, nor be construed as a waiver of any license, fee or penalty on such 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 provisions applicable to any violation of such ordinances, nor to affect the validity of any bond or cash deposit required to be posted, filed, or deposited pursuant to any ordinance, and all vested rights and obligations pertaining to such ordinances shall continue in full force and effect. The repeal of an ordinance shall not repeal the repealing clause of such ordinance or revive any ordinance which has been repealed thereby.
1.04.030 Partial invalidity.
If any chapter, section, subsection, sentence, clause, phrase or portion of any ordinance of the city is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. 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 unconstitutional; and if for any reason the code should be declared invalid or unconstitutional, then the original ordinance or ordinances shall be in full force and effect.
1.04.040 Territorial limitation.
The ordinances of the city shall refer only to the omission or commission of acts within the territorial limits of the city of American Canyon and 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.
1.04.050 Local signification.
All references in the ordinances of the city to places, acts, persons or things and all else in relation to such ordinances shall be construed to mean that the same are applicable to this city, whether the city is mentioned in each particular section or not. Ordinances of the city have been adopted from or relate to the same subject as is set forth in the Napa County Code. To the extent that any section, subsection, sentence, clause or phrase of any such ordinances is in conflict with the Napa County Code provisions that are adopted, the later-adopted portion of the ordinances shall control and shall take precedence over the inconsistent portions of the Napa County Code.
1.04.060 Rules of construction.
Unless the provisions of the ordinances of the city otherwise specifically provided, or the context of the ordinances indicates to the contrary, the general provisions, rules of construction, and definitions set forth in the following sections of this chapter shall govern the construction of the ordinances of the city. The provisions of the ordinances of the city, and all proceedings under them, are to be construed with a view to effect their objects and to promote justice.
1.04.070 Effect of headings.
The title, chapter, article, and section headings contained in the ordinances of the city shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent or the provisions of any title, chapter, article, or section of this code or the ordinances of the city.
1.04.080 Interpretation of language.
All words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may be acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning.
1.04.090 Grammatical interpretation.
The following grammatical rules shall apply in the ordinances of the city unless it is apparent from the context that a different construction is intended:
(A) Gender. Each gender includes the masculine, feminine and neuter genders.
(B) Singular and Plural. The singular number includes the plural and the plural includes the singular.
(C) Tenses. Words used in the present tense include the past and future tenses and vice versa, unless manifestly inapplicable.
1.04.100 Acts by deputies.
Whenever 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 pursuant to law or ordinance, unless the ordinances of the city expressly provide otherwise.
1.04.110 Acts by agents.
When an act is required by this code or an ordinance, the, same being such that it may be done as well by an agent as by the principal, such requirement shall be construed to include all such acts performed by an authorized agent.
1.04.120 Computation of time.
Except when otherwise provided, the time within which an action is required to be done shall be computed by excluding the first day and including the last day, unless the last day is Sunday or a holiday, in which case it shall also be excluded.
1.04.130 References to ordinances—Application to amendments.
Whenever any reference in this code is made to an ordinance, the reference shall apply to such ordinance of the city, unless this code expressly provides otherwise. Whenever any reference is made to any portion of this code, or to any ordinance of this city, the reference shall apply to all amendments, corrections and additions heretofore, now, or hereafter added to this code.
1.04.140 Statute of limitations.
When a limitation or period of time prescribed in any existing ordinance or statute for acquiring a right or barring a remedy, or for any other purpose, has begun to run before this code goes into effect, the time which has already run shall be deemed a part of the time prescribed as such limitation.
1.04.150 Definitions.
The following words and phrases, whenever used in the ordinances of the city, shall be construed as defined in this section, unless from the context a different meaning is intended or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases:
"Calendar year" means the period from January 1st through December 31st of any given year.
"City" means the city of American Canyon, or the area within the territorial limits of the city, and such territory outside the city over which the city has jurisdiction or control by virtue of any constitutional or statutory provision.
"City manager" means the appointed official of the city who occupies the position of a chief administrative officer of the city.
"Council" means the city council of the city of American Canyon. "All its members" or "all councilmembers" means the total number of councilmembers holding office.
"Councilmember" means a person duly elected to the council.
"County" means the county of Napa, California or the area within the limits of Napa County, and such territory outside Napa County over which the county has jurisdiction or control by virtue of any constitutional or statutory provisions.
"Fiscal year" means from July 1st of any given year through June 30th of the following year.
"Goods" means and include wares and merchandise.
"Law" denotes applicable federal law, the constitution and statutes of the state of California, the ordinances of the city, and when appropriate, any and all rules and regulations which may be promulgated thereunder.
"May" is permissive.
"Months" means the calendar months, unless otherwise expressed.
"Must" and "shall" are each mandatory.
"Oath" includes an affirmation or declaration 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."
"Operate" means and includes carrying on, keeping, conducting or maintaining.
"Owner," applied to a building or land, includes any part owner, joint owner, tenant, tenant in common, or joint tenant of the whole or a part of such building or land.
"Person" includes any natural person, firm, company, corporation, club, trust, or similar organization, partnership, association, public corporation, political subdivision, city (except the city of American Canyon), the county of Napa, any district in the county of Napa, the state of California, or the United States of America, or any department or agency or any employee, manager, officer, agent, lessee or servant of any thereof, unless this code expressly provides otherwise.
"Personal property" includes money, goods, chattels, things and actions, any evidences of debt.
"Police," "police chief," or "chief of police" means the agency which performs the appropriate law enforcement functions of the city, and the head of the agency or division thereof which at the time involved has responsibility for performing the police function for, or within, the city.
"Preceding" and "following" mean next before and next after, respectively.
"Property" includes real and personal property.
"Quarterly" where used to designate a period of time, shall mean the first three calendar months of any given year or any succeeding period of three calendar months.
"Real property" includes land, tenements, and hereditaments.
"Sale" includes any sale, exchange, barter, or offer for sale.
"Sidewalk" means that portion of a street between the curb line and the adjacent property line intended for the use of pedestrians.
"State" means the state of California.
"Street" includes all streets, highways, avenues, boulevards, alleys, courts, places, squares, curbs, or other public ways in the city 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.
"Tenant" or "occupant" applied to a building or land, shall include any person who occupies the whole or a part of such building or land, whether alone or with others.
"Written" or "writing" includes materials which are printed, typewritten, mimeographed, multigraphed, or otherwise reproduced in a permanent visible form.
"Year" means a calendar year.
Chapter 1.08 CITY SEAL AND SLOGAN
1.08.010 Adoption.
A logo for the city is adopted, the design of which logo shall be as follows in Section 1.08.020. This logo design was presented to the city on July 4, 1992.
1.08.020 Design.
The logo adopted in Section 1.08.010 shall be circular in form. Around its circumference shall appear the words "American Canyon." The circle is horizontally bisected with a ribbon banner showing the words "City Of." The upper portion of the central field of the circle will display an American flag positioned horizontally with the field of stars to the right rear. The flag will be flowing to symbolize the rolling hills of American Canyon. Above and adjacent to the field of stars will be two clusters of grapes with grape leaves to symbolize the city's association to the Napa Valley. The lower portion of the central field will show the words "Incorporated 1992."
1.08.030 Official slogan.
The official slogan of the city shall be "Gateway to the Napa Valley," reflecting both the city's geographic location and the fact that it is in fact the main entrance to the Napa Valley from the San Francisco Bay area and beyond.
Chapter 1.12 CITY HOLIDAYS
1.12.010 Holidays observed by the city.
(A) Excluding those offices which must remain open for the continuation of essential public services such as police and fire protection, the public offices of the city shall be closed on Saturdays and Sundays, and on the following:
(1) January 1st;
(2) The third Monday in January, known as "Dr. Martin Luther King, Jr. Day";
(3) February 12th, known as "Lincoln Day";
(4) The third Monday in February, known as "Washington Day";
(5) The last Monday in May, known as "Memorial Day";
(6) July 4th;
(7) The first Monday in September, known as Labor Day";
(8) September 9th, known as "Admission Day";
(9) The second Monday in October, known as "Columbus Day";
(10) November 11th, known as "Veterans Day";
(11) The fourth Thursday in November, known as "Thanksgiving Day";
(12) The day following Thanksgiving Day;
(13) December 25th;
(14) Every day appointed by the President of the United States or the Governor of the state of California as a holiday.
(B) Notwithstanding the foregoing provisions of this section, the city manager shall be authorized, by administrative regulation or otherwise, to direct that all or a portion of the public offices of the city shall remain open for business, on a full or reduced staff basis, on any of the days or holidays prescribed above, when he determines it to be necessary in the public interest to do so.
Chapter 1.16 NOTICE REQUIREMENTS
1.16.010 Notices—Service.
(A) Whenever a notice is required to be given, or may be given, under any provision of this code or any provision of any code adopted by reference by this code or any provision of any ordinance or resolution of the city not included within this code, such notice may be given as herein provided.
(B) Unless different or special provisions are otherwise specifically made in this code or in some other applicable enactment, any such notice may be given either by personal delivery thereof to the person to be noticed, or by deposit in the United States Mail in a sealed envelope, postage prepaid, addressed to such person to be notified, at that person's last known business address as the same appears in the public records or other records pertaining to the matters to which such notice is directed.
(C) Service by mail shall be deemed to have been completed at the time of deposit in the post office or in the official receptacle thereof.
1.16.020 Notices—Proof.
Proof of giving any notice may be made by the certificate of any officer or employee of this city or by the affidavit or declaration under penalty of perjury of any person over the age of eighteen years, which shows service in conformity with this code or other provisions of law applicable to the subject matter concerned.
Chapter 1.20 ARREST AND CITATION PROCEDURE
1.20.010 Notice to appear in lieu of arrest.
In any case in which a person is arrested for a violation of any provision of this code and does not demand to be taken before a magistrate, such person may, in lieu of being taken before a magistrate, be issued a written notice to appear in court and may then be released, all pursuant to and in accordance with the procedures prescribed by California Penal Code Section 853.6, et seq.
1.20.020 Issuance of citations by designated officers and employees.
(A) Officers and employees of the city who have the discretionary duty to enforce a statute or ordinance may, pursuant to Section 836.5 of the Penal Code and subject to the provisions of this section, arrest a person without a warrant whenever any such officer or employee has reasonable cause to believe that the person to be arrested has committed an offense in the officer's or employee's presence which he or she has the discretionary duty to enforce, and to issue a notice to appear, and to release such person on his or her written promise to appear in court, pursuant to Section 853.6 of the Penal Code.
(B) No officer or employee shall be allowed by his or her superior to exercise the arrest and citation authority conferred in this section unless such officer or employee is within a classification of city officers and employees designated by resolution of the city council to exercise such arrest and citation authority as to specified violations.
(C) The city manager shall establish and cause to be administered a special enforcement training program designated to instruct each officer or employee who will exercise such arrest and citation authority, regarding the provisions of the statutes and ordinances to be enforced, the evidentiary prerequisites to proper procedures for making arrests or otherwise prudently exercising such arrest and citation authority, and the legal and practical ramifications and limitations attendant thereto. Any such officers or employees shall be appropriately instructed to deposit executed citations or notices with the police department for filing with the court, after review for legal sufficiency.
Chapter 1.24 GENERAL PENALTY
1.24.010 Violation—Infraction.
(A) It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this code or the provisions of any code adopted by reference by this code or any provision of any ordinance of the city not included within this code. Any person violating any of such provisions or failing to comply with any of the mandatory requirements of this code or any code adopted by reference by this code or any other city ordinance shall be guilty of an infraction, unless such violation is specifically designated as constituting a misdemeanor. 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, or any provision of any code adopted by reference by this code, or of any other city ordinance, is committed, continued, or permitted by such person, and may be punished accordingly.
(B) Any provision or requirement of this code or otherwise as referred to above, the violation of which or the failure to comply with which, is designated as an infraction, may be prosecutable as a misdemeanor upon a fourth violation and each violation thereafter of the same provision by the same individual.
1.24.020 Aiding and abetting.
Whenever in the ordinances of the city any act or omission is made unlawful, it shall include causing, allowing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission.
1.24.030 Establishment of offenses as infractions.
Any violation expressly declared to be punish-able, in the discretion of the court, by either a fine, or by a fine or imprisonment, or both, shall become an infraction for all purposes under any of the following circumstances:
(A) Where a judgment imposes a punishment of a fine not exceeding one hundred dollars in the case of a first offense; or
(B) When the court grants probation to a defendant without the imposition of a sentence and, at the time of granting probation, or on application of the defendant or probation officer thereafter, the court declares the offense to be an infraction; or
(C) When the city attorney or any deputy district attorney files in a court having jurisdiction over misdemeanor offenses a complaint specifying that the offense is an infraction.
1.24.040 Punishments.
(A) Any person convicted of a misdemeanor under the provisions of this code shall be punishable by a fine of not more than one thousand dollars, or by imprisonment in the County Jail for a period not exceeding six months, or by both such fine and imprisonment.
(B) Any person convicted of an infraction under the provisions of this code shall be punishable for a first conviction by a fine of not more than one hundred dollars, for a second conviction within a period of one year by a fine of not more than two hundred dollars, and for a third or any subsequent conviction within a period of one year by a fine of not more than five hundred dollars.
1.24.050 Violation of administrative provisions.
The violation of, or the failure or omission to perform in accordance with any administrative provision of this code by any officer or employee of the city shall generally not be considered a criminal act, but may be deemed a failure to perform the duties or to observe the rules or regulations of the department, office, commission or board within the meaning of the rules and regulations of the city, or of the civil service or other personnel regulations of the city if applicable.
Chapter 1.28 ADOPTION OF COUNTY ORDINANCES
1.28.010 County enactments to remain in effect.
(A) All ordinances of the county of Napa which have been applicable within the territory now incorporated as the city of American Canyon, to the extent that they applied before incorporation, shall remain in full force and effect as ordinances of the city.
(B) Additionally, the resolutions, rules and regulations of the county which have been so applicable in implementation of the aforesaid ordinances and state law (such as, but not limited to, the California Environmental Quality Act and regulations pertaining to traffic), to the extent that they applied before incorporation shall remain in full force and effect as resolutions, rules and regulations, respectively, of the city and which may be amended or repealed in the future by any form of enactment (motion, resolution or ordinance) deemed appropriate by the council.
1.28.020 Declaration of intent.
Certain provisions of the county enactments referred to in Section 1.28.010 of this chapter reflect the county governmental structure and contain references to officials, official titles, commissions, and other designations which are not a part of the structure of this city's government. In order to effectively and intelligently administer the county enactments to the extent that they are continued in effect by this chapter, it is the purpose of this chapter to provide for the substitution of the appropriate city official, title or designation in county enactments.
1.28.030 Substitution of appropriate reference to city.
(A) Whenever in the enactments of the county which are continued in effect by the city there is a reference to "board of supervisors," this reference shall be interpreted to mean the "city council of the city of American Canyon."
(B) Whenever in the enactments of the county which are continued in effect by the city there is a reference to an office, official title, or designation in the governmental structure of the city, or if there is none, any official or titleholder of the city who has been specifically directed by the council or the city manager to perform the functions referred to or the duties imposed.
(C) Whenever it is appropriate under the circumstances, and in the enactments of the county which are continued in effect by the city, there is a reference to the "county of Napa," "county," or "unincorporated area," or "territory" of the county of Napa, such reference shall be interpreted to mean the "city of American Canyon."
(D) Whenever in the enactments of the county which are continued in effect by the city there is a reference to "planning commission," "board of zoning adjustment," "board of appeals," "zoning administrator," or any other person or body of the county where the context so indicates, this reference shall be interpreted to mean that these agencies or officials are acting as the agents of the city.
1.28.040 Duration of county ordinances within city.
Each ordinance or enactment of the county which remains in effect as a city ordinance or enactment by virtue of Section 1.28.010 of this chapter shall remain in effect as a city ordinance for a period of one hundred twenty days or until the council adopts an ordinance or enactment superseding it, whichever last in time occurs.
1.28.050 Matter of superseding county ordinances within one hundred twenty-day period.
No city ordinance enacted within the one hundred twenty-day period of time shall be deemed to supersede a county ordinance unless the city ordinance specifically refers to the county ordinance and states an intention to supersede it.
1.28.060 Enforcement of continuing county ordinances.
The enforcement of the county ordinances continuing in effect in the incorporated area shall be by the city except insofar as services of enforcement are furnished by the county in accordance with Government Code Section 57384.
1.28.070 Authority for enactment.
The ordinance codified in this chapter is adopted under Government Code Section 57376.