Title 1: General Provisions

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Chapters:

1.01 Code Adopted
1.04 Town Seal

1.08 Citations in Lieu of Immediate Arraignment



Chapter 1.01: CODE ADOPTED
Sections:
  • 1.01.001 Declaration of purpose
  • 1.01.002 Establishment of Municipal Code
  • 1.01.003 Contents of Code
  • 1.01.0035 Outline of Code
  • 1.01.004 Other ordinances not part of Code
  • 1.01.005 Maintenance of Code
  • 1.01.010 Interpretation of Code and other ordinances
  • 1.01.020 Effect of Code on past actions and obligations
  • 1.01.030 Partial invalidity
  • 1.01.040 Territorial limitation
  • 1.01.050 Local signification
  • 1.01.100 Rules of construction
  • 1.01.110 Effect of headings
  • 1.01.120 Meaning of "section" and "subsection"
  • 1.01.130 Acts by deputies
  • 1.01.140 "Writing"
  • 1.01.150 Reference to ordinances: Application to amendments
  • 1.01.160 Statute of limitations
  • 1.01.170 Definitions
  • 1.01.200 Violation
  • 1.01.210 Aiding and Abetting
  • 1.01.220 Establishment of offenses as infractions
  • 1.01.230 Punishments
  • 1.01.250 Violations public nuisances
  • 1.01.260 Nuisances: Recovery of abatement expenses
  • 1.01.270 Violations of administrative provisions
  • 1.01.300 Notices--Service
  • 1.01.310 Notices--Proof


1.01.001 Declaration of purpose

The Town Council finds that it is desirable and in the public interest to establish a municipal code in order to provide a scheme of organization for the classification and grouping of ordinances which the Council may adopt. The Council intends in adopting ordinances of a general and permanent nature to provide for their placement in accordance with the scheme of the code. This will provide the user with a convenient and logical compilation of the ordinances of the Town.


1.01.002 Establishment of Municipal Code

This code shall be known as the "Town of Apple Valley Municipal Code". It shall be sufficient to refer to this Code as the Town of Apple Valley Municipal Code in any prosecution for the violation of any provision of this Code. It shall also be sufficient to designate any ordinance adding to, amending, correcting, or repealing provisions of this Code as an addition or amendment to, or a repeal of, the Town of Apple Valley Municipal Code, or a portion thereof.


1.01.003 Contents of Code

The Town of Apple Valley Municipal Code shall consist of all ordinances adopted by the Town Council which are of a general and permanent nature. An ordinance relating to any of the following subject matters is not considered an ordinance of general and permanent nature and need not be included within the Municipal Code:

  • The naming of streets or roads;
  • Granting, altering, or withdrawing franchises;
  • Levying real property tax;
  • Calling an election;
  • Annexation proceedings;
  • Interim zoning measure;
  • Zoning or rezoning a particular parcel of property;

Such other ordinances of a special or particular subject matter which the Council considers are not appropriate to a general compilation of laws of a general and permanent nature.


1.01.0035 Outline of Code

(a) The ordinances of the Town which are of a general and permanent nature shall be organized and grouped according to subject matter.

(b) Ordinances which are adopted from time to time shall be classified and organized under the following scheme of titles:

  • General Provisions
  • Administration and Personnel
  • Revenue and Finance
  • (Reserved)
  • Business Regulations
  • Health and Sanitation
  • (Reserved)
  • Buildings and Construction
  • Planning and Zoning
  • Water and Sewer
  • Peace, Morals and Safety
  • Vehicles and Traffic
  • (Reserved)
  • Streets and Sidewalks
  • Animals

1.01.004 Other ordinances not part of Code

Other ordinances adopted by the Town Council on November 28, 1988, the date of original adoption of this Municipal Code, are not included as part of the Municipal Code, and any future amendments to said other ordinances will not be included as part of the Municipal Code unless otherwise expressly stated in said future amendments.


1.01.005 Maintenance of Code

At least three copies of this Code, duly certified by the Town Clerk, shall be maintained on file in the office of the Town Clerk as official copies of this Code. Additional copies of this Code shall be distributed to the departments of the Town as shall be prescribed by the Town Manager. Duly certified copies of each ordinance making a change in this Code shall be filed in the office of the Town Clerk in books for such purpose, duly indexed for ready reference. At least semi-annually, the Town Clerk shall cause the loose leaf pages of this Code in which changes have been made to be reproduced, including a notation as to the ordinance number and the date pursuant to which such change is adopted. Such reprinted pages shall be distributed in order that the loose leaf copies of this Code, prepared for the use and convenience of the officers and employees of the Town and the general public, may be brought up to date.


1.01.010 Interpretation of Code and other ordinances

The provisions of this Code and all proceedings under it are to be construed to effect its objects and to promote justice. All the provisions of this Code and all other Town ordinances shall be interpreted to refer to the appropriate or designated officer of office of the Town, 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 Town, or to the person or agency performing the function for the Town.


1.01.020 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 Town or within the territory currently comprising the Town, 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.


1.01.030 Partial invalidity

If any chapter, section, subsection, sentence, clause, phrase or portion of this Code 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 Town 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.

1.01.040 Territorial limitation

This Code shall refer only to the omission or commission of acts within the territorial limits of the Town of Apple Valley and that territory outside of the Town over which the Town has jurisdiction or control by virtue of the Constitution, or any law, or by reason of ownership or control of property.


1.01.050 Local signification

All references in this Code to places, acts, persons or things and all else in relation to this Code shall be construed to mean that the same are applicable to this Town, whether the Town is mentioned in each particular section or not. Portions of this Code have been adopted from or relate to the same subject as is set forth in the San Bernardino County Code. To the extent that any section, subsection, sentence, clause or phrase of this Code is in conflict with the San Bernardino County Code provisions so adopted, the later-adopted portion of this Code shall control and shall take precedence over the inconsistent portions of the San Bernardino County Code.


1.01.100 Rules of construction

Unless the provisions of this Code otherwise specifically provide, or the context of this Code 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 this Code. The provisions of this Code, and all proceedings under it, are to be construed with a view to effect their objects and to promote justice.


1.01.110 Effect of headings

The title, chapter, article, and section headings contained in this Code 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.


1.01.120 Meaning of "section" and "subsection"

"Section" shall mean a section of this Code, unless some other source is specifically set forth. "Subsection" shall mean a subsection of the section in which the term occurs, unless some other section is expressly set forth.


1.01.130 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 this Code expressly provides otherwise.


1.01.140 "Writing"

"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, such notice, report, statement, or record shall be made in writing in the English language, unless this Code expressly provides otherwise.


1.01.150 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 Town, unless this Code expressly provides otherwise. Whenever any reference is made to any portion of this Code, or to any ordinance of this Town, the reference shall apply to all amendments, corrections and additions heretofore, now, or hereafter added to this Code.

1.01.160 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.


1.01.170 Definitions

As used in this Code, unless a different meaning is apparent from the context or is specified elsewhere in the Code.

(a) "Calendar year" shall mean from January 1 through December 31 of any
given year.

(b) "City" shall include Town, and “Town” shall mean the Town of Apple
Valley.

(c) "Town Manager" shall mean the appointed official of the Town who
occupies the position as chief administrative officer of the Town.

(d) "Council" shall mean the Town Council of the Town of Apple Valley.

(e) "Councilmember" shall mean a person duly elected or appointed to the
Council.

(f) "County" shall mean the County of San Bernardino, California, or the
area within the limits of San Bernardino County, and such territory outside of San
Bernardino County over which the County has jurisdiction or control by virtue of any
constitutional or statutory provisions.

(g) "Fiscal year" shall mean from July 1 of any given year through June 30 of
the following year.

(h) "Gender." The masculine gender shall include the feminine and neuter
genders.

(i) "Goods" shall mean and include wares and merchandise.

(j) "May" shall be permissive.

(k) "Month" shall mean a calendar month, unless otherwise expressed.

(l) "Number." The singular number shall include the plural, and the plural
number shall include the singular.

(m) "Oath" shall include affirmation.

(n) "Official time standard." Wherever certain hours are named in this Code,
they shall mean standard time or daylight saving time as may be in current use in the
Town.

(o) "Operate" shall mean and include carrying on, keeping, controlling,
operating, conducting, or maintaining.

(p) "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.

(q) "Person" shall include any natural person, firm, company, corporation,
club, trust, or similar organization, partnership, association, public corporation, political
subdivision, public entity, city or town (except the Town of Apple Valley when the context
so indicates), the County of San Bernardino, any district in the County of San
Bernardino, 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.

(r) "Personal property" shall include money, goods, chattels, things in action,
and evidences of debt.

(s) "Police", "Police Chief" or "Chief of Police" shall mean the agency which
performs the appropriate law enforcement function for the Town, 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 Town.

(t) "Property" shall include real and personal property.

(u) "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.

(v) "Real property" shall include land, tenements, and hereditaments.

(w) "Sale" shall include any sale, exchange, barter, or offer for sale.

(x) "Shall" shall be mandatory.

(y) "State" shall mean the State of California.

(z) "Street" shall include all streets, highways, avenues, boulevards, alleys,
courts, places, squares, curbs, or other public ways in the Town 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.

(aa) "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.

(ab) "Tense". The present tense shall include the past and future tense, and
the future tense shall include the present tense.

(ac) "Town" shall mean the Town of Apple Valley.
Words and phrases not defined in this Code are construed according to the
approved usage of the language, or, when appropriate, by reference to definitions
contained in State or Federal law.

(Section 1.01.170 amended per Ordinance 302, adopted 10-25-05)

1.01.200 Violations

(a) No person shall violate any of the 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, unless otherwise specified in particular titles, chapters, or sections of this code, shall be guilty of a misdemeanor, except as authorized in subsection (b), and upon conviction thereof, the penalty shall be a fine of not more than one thousand dollars ($1,000), or imprisonment in the County jail for a period of not more than six months or by both fine and imprisonment. Each such offense shall be 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 Town ordinance, is committed, continued, or permitted by such person, and may be punished accordingly.

(b) Notwithstanding the provisions of subsection (a), either the Town attorney, his or her designee, or any officer issuing a citation hereunder, may issue the citation as an infraction. Further, in the discretion of the Town attorney or his or her designee, any complaint or citation issued as a misdemeanor may be reduced to an infraction.

(c) In addition to the penalties described in subsections (a) and (b) of this section, any person found guilty of a violation of a title, chapter or section of this code shall be ordered to comply with the requirements of such title, chapter or section of this code.

(d) In addition to the penalties provided in subsections (a) and (b) of this section, 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 Town, summarily abated as such.

(e) Any person violating any of the provisions or failing to comply with any of the requirements of this code, unless otherwise specified in particular titles, chapters, or sections of this code, including parking violations, may be issued an administrative citation by any employee authorized to issue such citations under Section 1.08.050 of this Code. The fines schedule for such administrative citation shall be as follows:

  1. A fine not exceeding one hundred dollars ($100) plus costs for a first violation;
  2. A fine not exceeding two hundred fifty dollars ($250) plus costs for a second violation of the same code section within one year of the date of the conviction of the first offense; and
  3. A fine not exceeding five hundred dollars ($500) for each additional violation of the same code section within one year of the date of the conviction of the first offense.”

(f) Any vehicle violating Vehicle Code Section 22507.8 may be issued an administrative citation by any employee authorized to issue such citations under Section 1.08.050 of this Municipal Code. The fine for such violation is set by the California Vehicle Code as the same may amended from time to time.

(Section 1.01.200 amended per Ordinance 302, adopted 10-25-05)

1.01.210 Aiding and abetting

Whenever in this Code 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.

1.01.220 Establishment of certain offenses as infractions

Any violation expressly declared to be punishable, 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 or a fine not exceeding one hundred dollars ($100), plus court costs, in the case of a first offense; or (Amended Ord. 156, adopted 11-14-95)

(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 Town Attorney, any deputy district attorney or Code Enforcement officer files in a court having jurisdiction over misdemeanor offenses a complaint specifying that the offense is an infraction.

(Section 1.01.220 amended per Ordinance 302, adopted 10-25-05)

1.01.230 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 ($1000), plus court costs, or by imprisonment in the County jail for a period not exceeding six (6) months, or by both such fine and imprisonment. (Amended Ord. 156, adopted 11-14-95)

(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 Dollarss ($100) plus court costs, for a second conviction within a period of one year by a fine of not more than Two Hundred Fifty Dollars ($250) plus court costs, and for a third or any subsequent conviction within a period of one year by a fine of not more than Five Hundred Dollars ($500) plus court costs.

(Amended Ord. 156, adopted 11-14-95)

1.01.250 Violations public nuisances

(a) In addition to other penalties provided by law, any condition caused or permitted to exist in violation of any provision of this Code, or any such threatened violation, shall be deemed a public nuisance and may be abated as such by the Town in accordance with applicable statutes.

(b) Also, any such violation or threatened violation as referred to in (a), or any condition caused or permitted to exist in violation of any of the provisions of any code adopted by reference by this Code, or of the provisions of any other Town ordinance, shall be deemed a public nuisance which may be abated by the Town Attorney in a civil judicial action.

1.01.260 Nuisances: Recovery of abatement expenses

(a) whenever any person creating, causing, committing, or maintaining a public nuisance, as referred to in Section 1.01.250 of this Chapter, or other public nuisance, as defined under State law or other ordinance or regulation, has been given notice, by or on behalf of the Town Attorney or by any other Town officer, employee or policing agent authorized to give such notice, to abate such nuisance or cease and desist from continuing such nuisance or violation of law, and such person who was given notice fails, refuses, or neglects to comply with the notice within the time specified therein, or if such a time is not specified, then within a time reasonably sufficient to enable such compliance, such noncomplying person shall be liable to the Town for any and all costs and expenses to the Town involved in thereafter abating the nuisance and in obtaining compliance with or enforcing the law as referred to or encompassed in the said notice.

(b) Costs and expenses, as referred to in Subsection (a) of this Section may include, but are not limited to, any and all direct costs and expenses related to such things as personnel salaries and benefits, operational overhead, rent, interest, fees for experts or consultants, legal costs or expenses, including attorney's fees, claims against the Town arising as a consequence of the nuisance or violation, and procedures associated with collecting moneys due hereunder.

(c) The provisions of Subsection (a) of this Section shall also apply to any person who received a notice, as specified therein, and thereafter the nuisance or violation was abated, but such person subsequently allowed or was responsible for a recurrence of the nuisance or violation.

(d) The liability of any person for the payment of the costs and expenses, not to exceed One Hundred Dollars ($100), provided for in Subsection (a) of this Section may be waived in whole or in part by the Town Attorney in any case wherein he determines, in his sole discretion, that the failure or refusal of such person to comply with the notice therein involved was based upon a good faith and bona fide issue of law or fact specially involved in the circumstances of the case. Any determination or decision of the Town Attorney in this regard shall be final and conclusive.

(e) Moneys due to the Town pursuant to this Section may be recovered in an appropriate civil action. Alternatively, such liability may be enforced by special assessment proceedings against the parcel of land upon which the nuisance existed, which proceedings may be conducted in a manner substantively similar to proceedings described in Sections 39574 et seq. of the Government Code of the State relating to weed abatement assessments.

1.01.270 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 Town 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 Town, or of the civil service or other personnel regulations of the Town if applicable.

1.01.300 Notices--Service

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 Town not included within this Code, such notice may be given as herein provided. 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 notified, 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. 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.

1.01.310 Notices--Proof

Proof of giving any notice may be made by the certificate of any officer or employee of this Town 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.

(Ord. #3, 1988)


Chapter 1.04: TOWN SEAL
Sections:
  • 1.04.010 Adoption
  • 1.04.020 Design
  • 1.04.010 Adoption

A corporate seal for the Town is adopted, the design of which seal shall be as follows in Section 1.04.020.


1.04.020 Design

The seal adopted in Section 1.04.010 shall be circular in form; shall be not less than two inches in diameter. Around its circumference shall appear the words "Town of Apple Valley, California", and, within, the words "Incorporated November 28, 1988."

(Ord. #3, 1988)


Chapter 1.08: CITATIONS IN LIEU OF IMMEDIATE ARRAIGNMENT
Sections:
  • 1.08.010 Notice to appear in lieu of arrest
  • 1.08.050 Issuance of citations by designated officers and employees
  • 1.08.010 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. 1.08.050 Issuance of citations by designated officers and employees. Officers and employees of the Town 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 use 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. 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 Town officers and employees designated by resolution of the Town Council to exercise such arrest and citation authority as to specified violations. The Town 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.

(Ord. #3, 1988)

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