Chapter 1 GENERAL PROVISIONS
Sec. 1-1. Short title; reference to Code.
Sec. 1-2. Authority.
Sec. 1-3. Effective date of Code.
Sec. 1-4. Effect of recodification on past actions and obligations.
Sec. 1-5. Reference to specific ordinances.
Sec. 1-6. Validity of Code; severability.
Sec. 1-7. Repeal of conflicting ordinances.
Sec. 1-8. Maintenance of Code.
Sec. 1-9. Construction of provisions generally.
Sec. 1-10. Definitions and rules of construction.
Sec. 1-11. Effect of headings.
Sec. 1-12. Territorial applicability of Code.
Sec. 1-13. Causing, permitting or concealing violation.
Sec. 1-14. Acts by deputy.
Sec. 1-15. Written materials.
Sec. 1-16. References to Code and ordinances apply to amendments.
Sec. 1-17. Service of notices.
Sec. 1-18. Proof of notice.
Sec. 1-19. Failure to receive notice.
Sec. 1-20. Violation of Code.
Sec. 1-21. Enforcement remedies; continuing violations.
Sec. 1-22. Penalty for infractions.
Sec. 1-23. Penalty for misdemeanors.
Sec. 1-24. Adoption of county animal control ordinance.
Sec. 1-25. Adoption of county approved water supply systems ordinance.
Sec. 1-1. Short title; reference to Code.
This Code (2002 revision) shall be known as the "Code of Ordinances, City of Concord, California," and it shall be sufficient to refer to said Code as the "Concord Municipal Code" in any prosecution for the violation of any provision thereof. It shall also be sufficient to designate any ordinance adding to, amending, or repealing said Code, or portions thereof, as an addition or amendment to, or a repeal of, the "Concord Municipal Code," or a portion thereof.
(Code 1965, § 1100; Ord. No. 687)
This record consists of certain regulatory, penal, and administrative ordinances of the city recodified pursuant to the authority contained in Government Code tit. 5, div. 1, ch. 1, art. 2 (Government Code §§ 50022.1--50022.10, inclusive).
(Code 1965, § 1101; Ord. No. 687)
Sec. 1-3. Effective date of Code.
This revised Code takes effect upon the effective date of the ordinance whereby it is adopted by reference, a copy of which is included at the beginning of this volume.
(Code 1965, § 1102; Ord. No. 687)
Sec. 1-4. Effect of recodification on past actions and obligations.
Neither the adoption of this recodification nor the repeal hereby of any ordinance or Code sections of this city shall in any manner affect the prosecution for violations of ordinances or Code sections, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty at said effective date due and unpaid under such ordinances or Code sections, nor be construed as affecting any of the provisions of such ordinances or Code sections relating to the collection of any such license or penalty or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed, or deposited pursuant to any ordinances or Code sections, and all rights and obligations thereunder appertaining shall continue in full force and effect.
(Code 1965, § 1103; Ord. No. 687)
Sec. 1-5. Reference to specific ordinances.
The provisions of this Code shall not in any manner affect deposits or other 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 this Code, but such reference shall be construed to apply to the corresponding provisions contained within this Code.
(Code 1965, § 1104; Ord. No. 687)
Sec. 1-6. Validity of Code; severability.
If any section, subsection, sentence, clause, phrase, or portion of this Code is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Code and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
(Code 1965, § 1105; Ord. No. 687)
Sec. 1-7. Repeal of conflicting ordinances.
All ordinances or portions of ordinances or sections or subsections of this Code hereby recodified in conflict with the provisions of this Code are hereby repealed.
(Code 1965, § 1106; Ord. No. 687)
Sec. 1-8. Maintenance of Code.
(a) Copies of this Code shall be serially numbered; not less than three copies thereof shall be filed for use and examination by the public in the office of the City Clerk; at least three copies, duly certified by the City Clerk, shall be bound and maintained on file in the City Clerk's office; additional copies shall be prepared in looseleaf form and shall be mounted to withstand heavy usage in such binders as the City Clerk may prescribe.
(Code 1965, § 1107; Ord. No. 687)
(b) Upon the adoption of any amendment or addition to said Code, or upon the repeal of any of its provisions, the City Clerk shall certify thereto and shall make an appropriate notation in the bound volumes of said Code of the taking of such action, noting thereon the number of the ordinances pursuant to which such action is taken.
(Code 1965, § 1107; Ord. No. 687)
(c) Duly certified copies of every ordinance making changes in such Code shall be filed in the office of the City Clerk in books for such purpose, duly indexed for ready reference.
(Code 1965, § 1107; Ord. No. 687)
(d) The City Clerk shall prepare copies of such changes in the Code for insertion in the looseleaf copies thereof. Every section of the Code so changed shall bear thereon a notation of the ordinance number pursuant to which such change is adopted.
(Code 1965, § 1107; Ord. No. 687)
(e) Without unnecessary delay, the City Clerk shall cause the looseleaf pages of this Code in which changes have been made to be reproduced, including the notation as to the ordinance number pursuant to which such change was adopted, in order that at least annually the looseleaf copies of such Code prepared for the use and convenience of the officers and employees of the city and the general public may be brought up to date.
(Code 1965, § 1107; Ord. No. 687)
(f) The City Clerk shall add or delete any referencing or outlining deemed to be necessary for clarity and understanding.
(Code 1965, § 1107; Ord. No. 818)
Sec. 1-9. Construction of provisions generally.
Unless the provisions of the context otherwise require, the general provisions, rules of construction, and definitions in sections 1-10 through 1-19 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.
(Code 1965, § 1300; Ord. No. 687)
Sec. 1-10. Definitions and rules of construction.
City. "City" is the City of Concord.
(Code 1965, § 1317; Ord. No. 687)
Council. "Council" is the City Council of this city.
(Code 1965, § 1319; Ord. No. 687)
County. "County" is the County of Contra Costa.
(Code 1965, § 1316; Ord. No. 687)
Gender. The masculine gender includes the feminine and neuter.
(Code 1965, § 1310; Ord. No. 687)
Holiday. "Holiday" shall include all holidays recognized by federal or state regulations, except as such regulations are modified by city ordinance. The term does not include Saturday afternoon where such Saturday is not otherwise a recognized holiday.
(Code 1965, § 1323; Ord. No. 687)
Number. The singular number includes the plural, and the plural, the singular.
(Code 1965, § 1311; Ord. No. 687)
Oath. "Oath" includes affirmation.
(Code 1965, § 1313; Ord. No. 687)
Office. The use of the title of any officer, employee, office, or ordinance shall mean such officer, employee, office, or ordinance of the City of Concord.
(Code 1965, § 1318; Ord. No. 687)
Owner. "Owner" applied to a building or land shall include any part owner, joint owner, tenant, tenant in common, or joint tenant of the whole or a part of such building or land.
(Code 1965, § 1321; Ord. No. 687)
Person. "Person" includes any person, firm, association, organization, partnership, business trust, company, or corporation.
(Code 1965, § 1314; Ord. No. 687)
Shall and may. "Shall" is mandatory and "may" is permissive.
(Code 1965, § 1312; Ord. No. 687)
State. "State" is the State of California.
(Code 1965, § 1315; Ord. No. 687)
Street. "Street" includes all streets, highways, avenues, lanes, alleys, courts, places, squares, 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 so designated in any law of this state.
(Code 1965, § 1320; Ord. No. 687)
Tenant or occupant. "Tenant" or "occupant" applied to a building or land shall include any person who occupies the whole or part of such building or land, whether alone or with others.
(Code 1965, § 1322; Ord. No. 687)
Tenses. The present tense includes the past and future tenses, and the future, the present.
(Code 1965, § 1309; Ord. No. 687)
Sec. 1-11. Effect of headings.
Chapter, article, division 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 chapter, article, division or section hereof.
(Code 1965, § 1301; Ord. No. 687)
Sec. 1-12. Territorial applicability of Code.
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.
(Code 1965, § 1302; Ord. No. 687)
Sec. 1-13. Causing, permitting or concealing violation.
Whenever in this Code any act or omission is made unlawful, it shall include causing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission.
(Code 1965, § 1303; Ord. No. 687)
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 this Code expressly provides otherwise.
(Code 1965, § 1304; Ord. No. 687)
Writing includes any form of 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.
(Code 1965, § 1305; Ord. No. 687)
Sec. 1-16. References to Code and ordinances apply to amendments.
Whenever a reference is made to any portion of this Code or to any ordinance of this city, the reference applies to all amendments and additions now or hereafter made.
(Code 1965, § 1306; Ord. No. 687)
Sec. 1-17. Service of notices.
Whenever a notice is required to be given under this Code, unless different provisions herein are otherwise specifically made, such 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 such person to be notified at his last known business or residence address as the same appears in the public records 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.
(Code 1965, § 1307; Ord. No. 687)
Proof of giving any notice may be made by the certificate of any officer or employee of the city, or by affidavit of any person over the age of 18 which shows service in conformity with this Code, or other provision of law applicable to the subject matter concerned.
(Code 1965, § 1308; Ord. No. 687)
Sec. 1-19. Failure to receive notice.
The failure of any person to receive any hearing notice required to be given by this Code shall not constitute grounds for the invalidation of the actions taken at the hearing.
(Code 1965, § 1324; Ord. No. 85-4)
Pursuant to Government Code § 36900, a violation of this Code is a misdemeanor punishable pursuant to section 1-23, except as otherwise expressly provided in this Code. In the discretion of the City Attorney, misdemeanor violations may be chargeable as infractions pursuant to Penal Code § 19.6. An infraction is not punishable by imprisonment. A person charged with an infraction shall not be entitled to a trial by jury. A person charged with an infraction shall not be entitled to have the public defender or other counsel appointed at public expense to represent him unless he is arrested and not released on his written promise to appear, his own recognizance, or a deposit of bail.
(Code 1965, § 1200; Ord. No. 1050; Ord. No. 92-25; Ord. No. 94-5)
Sec. 1-21. Enforcement remedies; continuing violations.
(a) Violations of this Code may be prosecuted by city authorities in the name of the people of the state or redressed by civil action, including enforcement by injunction issued by the Superior Court upon the suit of the city or the owner or occupant of any real property affected by such violation or prospective violation.
(Code 1965, § 1201; Ord. No. 1050; Ord. No. 87-30)
(b) Each person who violates any provision of this Code is guilty of a separate offense for each and every day during any portion of which the violation is committed and shall be punished accordingly.
(Code 1965, § 1201; Ord. No. 1050; Ord. No. 87-30)
(c) In addition to the penalties hereinafter provided, any activity or condition caused or permitted to exist in violation of any of the provisions of this Code shall be, and the same is hereby declared to be, unlawful and a public nuisance. The City Attorney or other authorized legal representative of the city may immediately commence actions and proceedings for the abatement thereof, and may apply to any court as may have jurisdiction to grant such relief as will abate or remove such activity, condition, or use and restrain and enjoin any person, firm, or corporation from maintaining or using any property or engaging in other activity contrary to the provisions of this Code.
(Code 1965, § 1201; Ord. No. 1050; Ord. No. 87-30)
Sec. 1-22. Penalty for infractions.
In the event a violation of this Code is charged as an infraction, a conviction of an infraction of this Code shall be punishable by:
(1) A fine not exceeding $100.00 for the first violation;
(2) A fine not exceeding $200.00 for the second violation of the same ordinance within one year;
(3) A fine not exceeding $500.00 for each additional violation of the same ordinance within one year.
The phrase "violation of the same ordinance," as used in this section, means and refers to a violation of the same numbered section of this Code.
(Code 1965, § 1203; Ord. No. 1050; Ord. No. 87-30; Ord. No. 92-95)
Sec. 1-23. Penalty for misdemeanors.
Any person convicted of a misdemeanor under the provisions of this Code shall be punishable by a fine of not more than $1,000.00, or by imprisonment in the city or county jail for a period not exceeding six months, or by both such fine and imprisonment.
(Code 1965, § 1205; Ord. No. 687; Ord. No. 1050; Ord. No. 91-21)
Sec. 1-24. Adoption of county animal control ordinance.
(a) Adoption. Pursuant to the provisions of Government Code § 50022.1 and Food and Agriculture Code § 30501, there is hereby adopted, by reference, certain provisions of the Contra Costa County Ordinance Code, entitled Division 416, Animals, consisting of chapters 416-2 through 416-12, as amended through Contra Costa County Ordinance No. 2005-24 repealing Article 416-12.4, Dangerous Animals, and replacing it with new Article 416-12.4, Regulating the Ownership or Possession of Potentially Dangerous and Dangerous Animals and as amended by Contra Costa County Ordinance No. 2006-05.
(Code 1965, § 4500; Ord. No. 404; Ord. No. 808; Ord. No. 841; Ord. No. 1043; Ord. No. 1197; Ord. No. 89-19; Ord. No. 06-2)
(b) Penalties.
(1) Pursuant to Food and Agriculture Code § 31401, and Concord Municipal Code section 1-20 notwithstanding, violations of any provisions of this section which include violations of division 416 of the Contra Costa County Ordinance Code, including section 416-10-010(b), but excepting therefrom the remaining provisions of chapter 416-10 and article 416-12.2, are punishable by a fine of not more than $50.00 for the first offense and not more than $100.00 for the second or subsequent offense.
(Code 1965, § 4501; Ord. No. 808; Ord. No. 1043; Ord. No. 1197; Ord. No. 89-19)
(2) Violation of Contra Costa County Ordinance Code, Chapter 416-10, Rabies Control, and Chapter 416-12.434 is a misdemeanor. Except as otherwise provided by state law, every misdemeanor is punishable, upon conviction thereof, by imprisonment in the county jail for not over six (6) months and/or by a fine of not more than one thousand dollars ($1,000).
(Code 1965, § 4501; Ord. No. 89-19; Ord. No. 06-2)
(3) Violation of Contra Costa County Ordinance Code article 416-12.2, Nuisance, is an infraction. Except as otherwise provided by statute, every infraction violation is punishable upon conviction thereof by:
(Code 1965, § 4501; Ord. No. 89-19)
a. A fine not exceeding $100.00 for a first violation;
(Code 1965, § 4501; Ord. No. 89-19)
b. A fine not exceeding $200.00 for a second violation of the same ordinance within one year;
(Code 1965, § 4501; Ord. No. 89-19)
c. A fine not exceeding $500.00 for each additional violation of the same ordinance within one year.
(Code 1965, § 4501; Ord. No. 89-19)
(4) Violation of Contra Costa County Ordinance Code, article 416-4.404, Abandonment, excluding abandonments under section 416-8.014, is a misdemeanor punishable upon conviction thereof by imprisonment in the county jail for not over six months and/or by a fine of not more than $1,000.00.
(Code 1965, § 4601; Ord. No. 97-16)
(c) Request for enforcement in city. The Contra Costa Ordinance Code referred to and hereby adopted by reference contains the provisions of those sections of the California Food and Agriculture Code referred to in subsection (b) of this section, and therefore this section constitutes the city's request that the provisions of this county ordinance be applicable within the city and that they shall hereafter so apply, pursuant to Food and Agriculture Code § 30501.
(Code 1965, § 4502; Ord. No. 89-19; Ord. No. 90-26)
(d) Conflict with other provisions of Municipal Code. The adoption of this ordinance shall not be construed to repeal or in any way affect the provisions of chapter 10, article II, sections 10-31 through 10-49, inclusive, relating to livestock, animals, and fowl. In the event of a conflict with any adopted provisions of the adopted portions of the county ordinance and this Code, the provisions of this Code shall control.
(Code 1965, § 4503; Ord. No. 89-19)
Sec. 1-25. Adoption of county approved water supply systems ordinance.
(a) Adoption. Pursuant to Government Code § 50022.9, there is hereby adopted, by reference, certain provisions of the Contra Costa County Ordinance Code entitled Division 414, Approved Water Supply Systems, consisting of chapter 414-4 in its entirety and the regulations issued by the county in connection therewith.
(Code 1965, § 5500; Ord. No. 86-12)
(b) County Health Officer to enforce. The Health Officer of the county is authorized to enforce this section within the city.
(Code 1965, § 5501; Ord. No. 86-12)
(c) Penalties.
(1) Any person violating this section, or regulations issued hereunder, by failing to submit plans, obtain necessary inspections and approvals, or pay fees, or by commencing or continuing construction or remodeling in violation hereof, shall pay triple the appropriate fee as a penalty and remain subject to other applicable penalties and enforcement procedures authorized by the state law and/or this Code.
(Code 1965, § 5502; Ord. No. 86-12)
(2) Any person violating any of the provisions of this section is guilty of an infraction and may be punished in accordance with section 1-22 of this Code.
(Code 1965, § 5502; Ord. No. 86-12)