1.04.010   DEFINITIONS.

The following words and phrases whenever used in the ordinances of the City of Fort Bragg, California, 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.

CENTRAL BUSINESS DISTRICT or CENTRAL TRAFFIC DISTRICT. All streets and portions of streets within the area described as follows: All that area bounded by Pine Street on the north, Oak Street on the south, Main Street on the west and Franklin Street on the east.
CHIEF OF POLICE. The Chief of Police of Fort Bragg or his authorized subordinate.
CITY. The City of Fort Bragg, California, or the area within the territorial limits of the City of Fort Bragg, California, and such territory outside of the City over which the City has jurisdiction or control by virtue of any constitutional or statutory provision.
CITY MANAGER. The City Manager of the City of Fort Bragg, or his or her designee.
CITY COUNCIL. The City Council of the City of Fort Bragg, California. “All its members” or “all Councilmembers” means the total number of Councilmembers provided by the general laws of the State of California.
COUNTY. The County of Mendocino, California.
FIRE CHIEF. The Fire Chief of Fort Bragg Fire Protection Authority or his or her authorized subordinate.
HOLIDAYS. The City observes the following legal holidays: New Year’s Day, Martin Luther King Jr. Birthday, President’s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve Day, and Christmas. Legal holidays falling on a Saturday are observed on Friday. Legal holidays falling on a Sunday are observed on Monday.
LAW. Denotes applicable federal law, the Constitution and statutes of the State of California, the ordinances of the City of Fort Bragg, California, and when appropriate, any and all rules and regulations which may be promulgated thereunder.
MAY. Is permissive.
MUST and SHALL. Each is mandatory.
OATH. Includes affirmation.
OFFICE. The use of the title of any officer, employee or any office, means such officer, employee or office of the City unless otherwise specifically designated.
OFFICIAL TIME STANDARDS. Whenever certain hours are named herein, they shall mean standard time or daylight saving time as may be in current use in this City.
ORDINANCE. A law of the City; provided that a temporary or special law, administrative action, order or directive, may be in the form of a resolution.
PERSON. Natural person, joint venture, joint stock company, organization, partnership, association, club, company, corporation, business, trust, or the manager, lessee, agent, servant, officer or employee of any of them.
POLICE OFFICER. Every officer of the police department of this City or any officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.
STATE. The State of California.
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.
VEHICLE CODE. The Vehicle Code of the State of California.
WRITTEN. Includes printed, typewritten, mimeographed or multigraphed.

(Ord. 447, § 1, passed -- 1974; Am. Ord. 870, § 2, passed 8-25-2008)

1.04.020   GRAMMATICAL INTERPRETATION.

The following grammatical rules shall apply in the ordinances of the city:

1. Gender. Any gender includes the other genders.
2. Singular and Plural. The singular number includes the plural and the plural includes the singular.
3. Tenses. Words used in the present tense include the past and the future tenses and vice versa.
4. Use of Words and Phrases. Words and phrases not specifically defined shall be construed according to the context and approved usage of the language.

1.04.030   PROHIBITED ACTS INCLUDE CAUSING, PERMITTING, AND THE LIKE.

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. (Ord. 447 §3, passed -- 1994)

1.04.040   CONSTRUCTION.

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. (Ord. 447 §4, passed -- 1974)

1.04.050   REPEAL SHALL NOT REVIVE ANY ORDINANCES.

The repeal of an ordinance shall not repeal the repealing clause of such ordinance or revive any ordinance which has been repealed thereby. (Ord. 447 §5, passed -- 1974)

1.12.010   PENALTY.

1. Whenever in this code any act is prohibited or is made or declared to be unlawful or an offense, or the doing of any act is required or the failure to do any act is declared to be unlawful, such violation of this code or failure to comply with its requirements shall constitute a misdemeanor, unless expressly provided otherwise. Any violation constituting a misdemeanor under this code, may, in the discretion of the City Attorney, be charged and prosecuted as an infraction. Any person convicted of a misdemeanor under the provisions of this code, unless otherwise provided in this chapter, shall be punishable by a fine of not more than $1,000 or by imprisonment in the county jail for a period of not more than six months or by both fine and imprisonment. Any person convicted of an infraction under the provisions of this code, unless otherwise provided in this chapter, shall be punishable by a fine only as follows: Upon a first conviction by a fine not exceeding $100 and for a second conviction of the same ordinance within one year by a fine not exceeding $200 and for any conviction of the same ordinance within a period of one year, by a fine not exceeding $500 for each subsequent violation.
2. Notwithstanding any other provision of law, a violation of local building and safety codes determined to be an infraction is punishable by a fine not exceeding $100 and for a second conviction of the same ordinance within one year by a fine not exceeding $500 and for any conviction of the same ordinance within a period of one year, by a fine not exceeding $1000 for each subsequent violation.
3. In addition to or in lieu of the remedies provided in subsection A and B of this section, the City Attorney may commence an action for abatement, including, but not limited to, an injunction thereof, in the manner required by law and shall take such other steps to obtain such relief as will abate or remove a violation and restrain and enjoin any person from violating any provisions of this code, or other applicable laws and rules and regulations. All costs, including attorney's fees, incurred for the abatement of a public nuisance may be assessed against any property on which the nuisance condition(s) existed in accordance with Government Code Section 38773.5, as the same may be amended from time to time.
4. Each day any violation of this code shall continue shall constitute a separate offense.

(Ord. 874 §2, passed 8-25-2008)