PREFACE

This Code constitutes a recodification of the general and permanent ordinances of the City of Bradbury, California.

Source materials used in the preparation of the Code were the prior Municipal Code, as updated through January 16, 2016, and ordinances subsequently adopted by the City Council. The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the comparative tables appearing in the back of this Code, the reader can locate any section of the prior Municipal Code, as updated, and any subsequent ordinance included herein.

This Code has a title, chapter and section organizational format with a three-part numbering system. The various sections within each title have been catchlined to facilitate usage. Notes which tie related sections of the Code together and which refer to relevant state law have been included. A table listing the state law citations and setting forth their location within the Code is included at the back of this Code.

Title, Chapter and Section Numbering System

The title, chapter, and section numbering system used in this Code is the same system used in many state and local government codes. Each section number consists of three parts separated by a decimal point. The figure before the first decimal point refers to the title number. The second figure that appears is the chapter number, and the figure after the last decimal point refers to the position of the section within the title and chapter. Thus, the second section of title I, chapter 1 is numbered 1.01.020, and the first section of title VI, chapter 2 is 6.02.010. Under this system, each section is identified with its title and chapter, and at the same time new sections can be inserted in their proper place by using the decimal system for amendments. For example, if new material consisting of one section that would logically come between sections 6.02.010 and 6.02.030 is desired to be added, such new section would be numbered 6.02.020. New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject. The next successive number shall be assigned to the new article or division. New titles or chapters may be included by using one of the reserved title or chapter numbers. Care should be taken that the arrangement of titles is maintained when including new chapters.

Page Numbering System

The page numbering system used in this Code is a prefix system. The letters to the left of the colon are an abbreviation which represents a certain portion of the volume. The number to the right of the colon represents the number of the page in that portion. In the case of a chapter of the Code, the number to the left of the colon indicates the number of the chapter. In the case of an appendix to the Code, the letter immediately to the left of the colon indicates the letter of the appendix. The following are typical parts of codes of ordinances, which may or may not appear in this Code at this time, and their corresponding prefixes:

CHARTER	CHT:1
RELATED LAWS	RL:1
SPECIAL ACTS	SA:1
CHARTER COMPARATIVE TABLE	CHTCT:1
RELATED LAWS COMPARATIVE TABLE	RLCT:1
SPECIAL ACTS COMPARATIVE TABLE	SACT:1
CODE	CD1:1
CODE APPENDIX	CDA:1
CODE COMPARATIVE TABLES	CCT:1
STATE LAW REFERENCE TABLE	SLT:1
CHARTER INDEX	CHTi:1
CODE INDEX	CDi:1

 

Index

The index has been prepared with the greatest of care. Each particular item has been placed under several headings, some of which are couched in lay phraseology, others in legal terminology, and still others in language generally used by local government officials and employees. There are numerous cross references within the index itself which stand as guideposts to direct the user to the particular item in which the user is interested.

Looseleaf Supplements

A special feature of this publication is the looseleaf system of binding and supplemental servicing of the publication. With this system, the publication will be kept up to date. Subsequent amendatory legislation will be properly edited, and the affected page or pages will be reprinted. These new pages will be distributed to holders of copies of the publication, with instructions for the manner of inserting the new pages and deleting the obsolete pages.

Keeping this publication up to date at all times will depend largely upon the holder of the publication. As revised pages are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publisher that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes.

Acknowledgments

This publication was under the direct supervision of Jim C. Jenkins, Senior Code Attorney, and Beth Tattershall, Editor, of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project.

The publisher is most grateful to Ms. Claudia Saldana, City Clerk, for her cooperation and assistance during the progress of the work on this publication. It is hoped that her efforts and those of the publisher have resulted in a Code of Ordinances which will make the active law of the City readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the City's affairs.

ORDINANCE NO. 346

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRADBURY, CALIFORNIA, ADOPTING AND ENACTING A NEW MUNICIPAL CODE FOR THE CITY, PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN, PROVIDING PENALTIES FOR THE VIOLATION THEREOF, PROVIDING FOR THE MANNER OF AMENDING SUCH CODE, AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BRADBURY, CALIFORNIA, THAT:

Section 1. The Code entitled "The Code of the City of Bradbury, California," published by Municipal Code Corporation, consisting of Title 1 through Title 17, each inclusive, is hereby adopted.

Section 2. All ordinances of a general and permanent nature enacted on or before December 20, 2016, and not included in the Code or recognized and continued in force by reference therein, are repealed.

Section 3. The repeal provided for in section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance.

Section 4. The repeal provided for in section 2 hereof shall not be construed to repeal section 4140, Peddlers and Solicitors, of the prior Municipal Code. Said section shall continue in full force and effect, shall be codified as section 6.04.010 of this Municipal Code, and shall continue to read as follows:

Sec. 6.04.010. Peddlers and Solicitors.

No person shall go upon any private premises within the City for the purpose of selling any goods, wares, merchandise, services or other thing of value for the purpose of soliciting or taking orders for any goods, wares, merchandise, services or other thing of value, unless the occupant of said premises specifically has requested the presence of such person upon such premises for such purpose.

Section 5. Unless another penalty is expressly provided, every person convicted of a violation of any provision of the Code or any ordinance, rule or regulation adopted or issued in pursuance thereof shall be punished as follows:

(a)

Unless otherwise specifically provided in this code, any person convicted of a misdemeanor under the provisions of this code shall be punished by a fine of not more than One Thousand and no/100th ($1,000.00) Dollars or by imprisonment in the city jail or county jail for a period not exceeding six (6) months, or by both such fine and imprisonment.

(b)

Notwithstanding the foregoing, if any section of this code is specifically deemed to be an infraction, as specified in the applicable section, chapter or title, it shall be treated as an infraction. In addition, unless otherwise specifically provided in this code, and as prescribed by Section 42001 of the Vehicle Code of the State, every person convicted of an infraction involving a vehicle shall be punished by a fine not exceeding One Hundred and no/100ths ($100.00) Dollars, and for a second conviction within a period of one year, by a fine not exceeding Two Hundred and no/100ths ($200) Dollars, and for a third or any subsequent conviction within a period of one year, by a fine not exceeding Two Hundred Fifty five hundred and no/100ths ($250.00) Dollars. A pedestrian convicted of an infraction for a violation of this code as adopted pursuant to the Vehicle Code of the State, shall be punished by a fine not exceeding Fifty Dollars ($50.00).

(c)

Notwithstanding anything contained in this code, the prosecutor, in his or her sound discretion, may prosecute a violation of this code as an infraction, rather than a misdemeanor. The prosecutor may also reduce or agree to the reduction of a previously filed misdemeanor to an infraction. Every person, firm partnership, association, or corporation convicted of an infraction for violation of any provision of this chapter other than one covered in subdivision (b) hereof, shall be punished by a fine not exceeding $100 for a first violation, a fine not exceeding $200 for a second violation of the same section within a year, and a fine not exceeding $500 for each additional violation of the same section within one year.

(d)

Notwithstanding any other provision of law, a violation of local building and safety codes determined to be an infraction is punishable by (1) a fine not exceeding one hundred dollars ($100) for a first violation; (2) a fine not exceeding five hundred dollars ($500) for a second violation of the same ordinance within one year; (3) a fine not exceeding one thousand dollars ($1,000) for each additional violation of the same ordinance within one year of the first violation.

Each act of violation and each day upon which any such violation shall continue or occur shall constitute a separate offense. The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any Code section, whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the City may pursue other remedies such as abatement of nuisances, injunctive relief and revocation of licenses or permits.

Section 6. Additions or amendments to the Code when passed in such form as to indicate the intention of the City to make the same a part of the Code shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments.

Section 7. Ordinances adopted after December 20, 2016 that amend or refer to ordinances that have been codified in the Code shall be construed as if they amend or refer to like provisions of the Code.

Section 8. This ordinance shall become effective thirty (30) days after adoption.

Passed and adopted by the City Council this 18th day of April, 2017.

	/s/         Mayor

ATTEST:

Claudia Saldana       City Clerk

STATE OF CALIFORNIA	)
COUNTY OF LOS ANGELES	) ss.
CITY OF BRADBURY	)

 

I, Claudia Saldana, City Clerk of the City of Bradbury, do hereby certify that the foregoing ordinance, being Ordinance No. 346 , was duly passed by the City Council of the City of Bradbury, signed by the Mayor of said City, and attested by the City Clerk, all at a regular meeting of the City Council held on the 18th day of April, 2017, that it was duly posted and that the same was passed and adopted by the following vote, to wit:

AYES: Mayor Lathrop, MPT Pycz, Councilmembers Barakat, Hale and Lewis

NAYS: None

ABSENT: None

	/s/         Claudia Saldana       City Clerk       City of Bradbury