Title 1
GENERAL PROVISIONS
Chapters:
1.01 Code Adoption
1.04 General Provisions
1.06 Claims Against the City
1.08 Arrest Procedure
1.12 Public Notice and Posting Places
1.16 General Penalty
Chapter 1.01
CODE ADOPTION
Sections:
1.01.010 Adoption.
1.01.020 Title-Citation-Reference.
1.01.030 Codification authority.
1.01.040 Ordinances passed prior to adoption of the code.
1.01.050 Reference applies to all amendments.
1.01.060 Title, chapter and section headings.
1.01.070 Reference to specific ordinances.
1.01.080 Effect of code on past actions and obligations.
1.01.090 Effective date.
1.01.100 Constitutionality.
1.01.010 Adoption.
Pursuant to the provisions of Sections 50022.1 through 50022.8 and 50022.10 of the Government Code, there is hereby adopted the "Brisbane Municipal Code" as published by Book Publishing Company, Seattle, Washington, together with those secondary codes adopted by reference as authorized by the California State Legislature, save and except those portions of the secondary codes as are deleted or modified by the provisions of the "Brisbane Municipal Code."
(Ord. 276 § 1, 1981).
1.01.020 Title-Citation-Reference.
This code shall be known as the "Brisbane Municipal Code" and it shall be sufficient to refer to said code as the "Brisbane 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 "Brisbane Municipal Code." Any such addition to, amendment to, correction or repeal of a provision of the Brisbane Municipal Code shall be deemed to likewise add to, amend, correct or repeal the corresponding provision of the underlying ordinance codified in the Brisbane Municipal Code unless such addition, amendment, correction or repeal shall otherwise provide.
(Ord. 310 § 1, 1985: Ord. 276 § 2, 1981).
1.01.030 Codification authority.
This code consists of all the regulatory and penal ordinances and certain of the administrative ordinances of the city of Brisbane, California, codified pursuant to the provisions of Sections 50022.1 through 50022.8 and 50022.10 of the Government Code.
(Ord. 276 § 3, 1981).
1.01.040 Ordinances passed prior to adoption of the code.
The last ordinance included in this code was Ordinance 270, passed March 23, 1981. The following ordinance, passed subsequent to Ordinance 270, but prior to adoption of this code, is hereby adopted and made a part of this code: Ordinance 271.
(Ord. 276 § 4, 1981).
1.01.050 Reference applies to all amendments.
Whenever a reference is made to this code as the "Brisbane Municipal Code" or to any portion thereof, or to any ordinance of the city of Brisbane, California, the reference shall apply to all amendments, corrections and additions heretofore, now or hereafter made.
(Ord. 276 § 5, 1981).
1.01.060 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.
(Ord. 276 § 6, 1981).
1.01.070 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.
(Ord. 276 § 7, 1981).
1.01.080 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 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.
(Ord. 276 § 8, 1981).
1.01.090 Effective date.
This code shall become effective on the date the ordinance adopting this code as the "Brisbane Municipal Code" shall become effective.
(Ord. 276 § 9, 1981).
1.01.100 Constitutionality.
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 unconstitutional, 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.
(Ord. 276 § 10, 1981).
Chapter 1.04 Sections:
1.04.010 Definitions.
1.04.020 Title of office.
1.04.030 Interpretation of language.
1.04.040 Grammatical interpretation.
1.04.050 Acts by agents.
1.04.060 Prohibited acts include causing and permitting.
1.04.070 Computation of time.
1.04.080 Construction.
1.04.090 Repeal shall not revive any ordinances.
1.04.010 Definitions.
The following words and phrases, whenever used in the ordinances of the city of Brisbane shall be construed as defined in this section unless from the content 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:
A. "City" and "town" each mean the city of Brisbane or the area within the territorial limits of the city of Brisbane and such territory outside the city over which the city has jurisdiction or control by virtue of any constitutional or statutory provisions.
B. "Council" means the city council of the city of Brisbane. "All its members" or "all councilmen" means the total number of councilmen holding office.
C. "County" means the county of San Mateo.
D. "Law" denotes applicable federal law, the Constitution and statutes of the state of California, the ordinances of the city of Brisbane, and, when appropriate, any and all rules and regulations which may be promulgated thereunder.
E. "May" is permissive.
F. "Month" means a calendar month.
G. "Must" and "shall" are each mandatory.
H. "Oath" includes an affirmation of 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."
I. "Owner," applied to a building or land, includes any part owner, joint owner, tenant in common, joint tenant, tenant by the entirety, of the whole or a part of such building or land.
J. "Person" includes a natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them.
K. "Personal property" includes money, goods, chattels, things in action and evidences of debt.
L. "Preceding" and "following" mean next before and next after, respectively.
M. "Property" includes real and personal property.
N. "Real property" includes lands, tenements and hereditaments.
O. "Sidewalk" means that portion of a street between the curbline and the adjacent property line intended for the use of pedestrians.
P. "State" means the state of California.
Q. "Street" includes all streets, highways, avenues, lanes, 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.
R. "Tenant" and "occupant," applied to a building or land, include any person who occupies the whole or a part of such building or land, whether alone or with others.
S. "Written" includes printed, typewritten, mimeo-graphed, multigraphed, or otherwise reproduced in permanent visible form.
T. "Year" means a calendar year.
(Ord. 261 § 1, 1980).
1.04.020 Title of office.
Use of the title of any officer, employee, department, board or commission means that officer, employee, department, board or commission of the city.
(Ord. 261 § 2, 1980).
1.04.030 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 have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning.
(Ord. 261 § 3, 1980).
1.04.040 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 the future tenses and vice versa, unless manifestly inapplicable.
(Ord. 261 § 4, 1980).
1.04.050 Acts by agents.
When an act is required by 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.
(Ord. 261 § 5, 1980).
1.04.060 Prohibited acts include causing and permitting.
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.
(Ord. 261 § 6, 1980).
1.04.070 Computation of time.
Except when otherwise provided, the time within which an act 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.
(Ord. 261 § 7, 1980).
1.04.080 Construction.
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.
(Ord. 261 § 8, 1980).
1.04.090 Repeal shall not revive any ordinances.
The repeal of an ordinance shall not repeal the repealing clause of an ordinance or revive any ordinance which has been repealed thereby.
(Ord. 261 § 9, 1980).
Chapter 1.06 Sections:
1.06.010 Authority.
1.06.020 Filing of claim required.
1.06.030 Form of claim.
1.06.040 Claim prerequisite to suit.
1.06.050 Action against city or city employee.
1.06.010 Authority.
This chapter is enacted pursuant to Section 935 of the California Government Code.
(Ord. 470 § 2(part), 2002).
1.06.020 Filing of claim required.
All claims against the city for money or damages not otherwise governed by the Tort Claims Act, Government Code Sections 900 et seq., or any other state or city law relating thereto (hereinafter referred to in this chapter as "claims") shall be presented within the time, and in the manner, prescribed by Part 3 of Division 3.6 of Title 1 of the Government Code (commencing with Section 900), and as further prescribed by this chapter.
(Ord. 470 § 2(part), 2002).
1.06.030 Form of claim.
All claims shall be made in writing and verified by the claimant or by the claimant's authorized representative, agent, or attorney-in-fact. No claim may be filed on behalf of a class of persons unless verified by every member of that class as required by this section. All claims shall contain the information required by Government Code Section 910.
(Ord. 470 § 2(part), 2002).
1.06.040 Claim prerequisite to suit.
In accordance with Government Code Sections 935(b) and 945.6, all claims shall be presented as provided in this chapter and acted upon by the city council prior to the filing of any action on such claims and no such action may be maintained by a person who has not complied with the requirements of Section 1.06.020 of this chapter.
(Ord. 470 § 2(part), 2002).
1.06.050 Action against city or city employee.
A. Any action brought against the city upon any claim shall subject to the provisions of Chapter 2 in Part 4 of Division 3.6 of Title 1 (Sections 945-949) of the Government Code.
B. Any action brought against an employee of the city upon any claim shall be subject to the provisions of Chapter 3 in Part 4 of Division 3.6 of Title 1 (Sections 950-951) of the Government Code.
(Ord. 470 § 2(part), 2002).
Chapter 1.08 Sections:
1.08.010 Notice to appear in court.
1.08.020 Failure to appear in court-Misdemeanor.
1.08.030 Failure to appear in court-Warrant issuance.
1.08.010 Notice to appear in court.
A. Pursuant to Chapter 5B of the Penal Code of the state, if any person is arrested for the violation of any section, subsection, clause or phrase of any ordinance of the city, which is punishable as a misdemeanor, and such person is not immediately taken before a magistrate as provided for in the Penal Code, the arresting officer shall prepare in duplicate a written notice to appear in court, containing the name of such person, the offense charged, and the time and place where and when such person shall appear in court.
B. The time specified in the notice to appear must be at least five (5) days after such arrest.
C. The place specified in the notice to appear shall be the court of the magistrate before whom the person would be taken, if the requirements of taking an arrested person before a magistrate were complied with, or shall be an officer authorized by such court to receive a deposit of bail.
D. The officer shall deliver one (1) 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. The remaining provisions of Section 853.1 of the Penal Code shall apply in all cases in which a citation is issued hereunder.
(Ord. 51 § 1, 1963).
1.08.020 Failure to appear in court-Misdemeanor.
Pursuant to Section 853.2 of the Penal Code, any person wilfully violating his written promise to appear in court is guilty of a misdemeanor, regardless of the disposition of the charge upon which he was originally arrested.
(Ord. 51 § 2, 1963).
1.08.030 Failure to appear in court-Warrant issuance.
Pursuant to Section 853.3 of the Penal Code, when a person signs a written promise to appear at the time and place specified in the written promise to appear and has not posted bail as required under Section 853.1 of the Penal Code, the magistrate shall issue and have delivered for execution a warrant for his arrest within twenty (20) days after his failure to appear as promised, or if such person promises to appear before an officer authorized to accept bail, other than a magistrate, and fails to do so on or before the date on which he promised to appear, then, within twenty (20) days after the delivery of such written promise to appear by the officer to a magistrate having jurisdiction over the offense. The remaining provisions of Section 853.3 of the Penal Code shall apply in the situation specified in this section.
(Ord. 51 § 3, 1963).
Chapter 1.12 Sections:
1.12.010 Designated.
1.12.020 Newspaper of general circulation.
1.12.010 Designated.
The following are established as the official places for the posting of all notices and other documents required by law to be posted:
A. City Hall, 50 Park Place, Brisbane, California; B. Brisbane Community Center/Library, 250 Visitacion Avenue, Brisbane, California; and
C. Mission Blue Center Tennis Courts, 475 Mission Blue Drive, Brisbane, California.
(Ord. 459 § 1, 2001: Ord. 400 § 1, 1995: Ord. 378 § 1, 1992: Ord. 288 § 3, 1983; Ord. 134 § 1, 1968: Ord. 125 § 1, 1967: Ord. 47 § 1, 1963: Ord. 7 § 1, 1961).
1.12.020 Newspaper of general circulation.
The city council finds and determines that there is no newspaper of general circulation within the city, or which is published in the city, inasmuch as:
A. There is no newspaper which has maintained a minimum coverage of local or telegraphic news and intelligence of a general character of not less than twenty-five (25) percent of its total inches during each year of any three-year period preceding the date of this determination;
B. There is no newspaper which has only one principal office of publication, which office is in the city; and
C. There is no newspaper which has obtained a judicial decree establishing itself as a newspaper of general circulation in the city.
(Ord. 310 § 3, 1985).
Chapter 1.16 Sections:
GENERAL PROVISIONS
CLAIMS AGAINST THE CITY
ARREST PROCEDURE
PUBLIC NOTICE AND POSTING PLACES
GENERAL PENALTY