CITY OF

HERMOSA BEACH

MUNICIPAL CODE ON LINE

GENERAL PROVISIONS

Chapter 1.01

CODE ADOPTION AND GENERAL PROVISIONS

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	1.01.010	Adoption of the Hermosa Beach Municipal Code.
	1.01.020	Short title.
	1.01.030	Provisions considered as continuations of existing ordinances.
	1.01.040	Repeal of certain ordinances and certain ordinances to remain in effect.
	1.01.050	Effect of repeal of ordinances.
	1.01.060	Superseded ordinances.
	1.01.070	Savings provisions.
	1.01.080	Severability.
	1.01.090	Definitions and rules of construction.

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1.01. 010 Adoption of the Hermosa Beach Municipal Code.

That certain document entitled "Code of the City of Hermosa Beach, California", (hereinafter the “Code" or “Municipal Code”), a copy of which has been filed and is on file in the office of the City Clerk for public inspection, together with the secondary Codes therein adopted by reference, is hereby adopted by this reference as the comprehensive ordinance Code for the City of Hermosa Beach pursuant to the provisions of Article 2 of Chapter 1 of Part 1 of Division 1 of Title 5 of the Government Code of the State of California, and each and all of the provisions, terms, and penalties of said Code on file in the office of the City Clerk are hereby referred to, adopted, incorporated herein and made a part of this ordinance as if fully set forth herein.

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1.01. 020 Short title.

The ordinances embraced in the following chapters and sections shall constitute and be designated the "Hermosa Beach Municipal Code", the "HBMC", or the "Municipal Code", and may be so cited.

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1.01. 030 Provisions considered as continuations of existing ordinances.

The provisions appearing in this Code, so far as they are the same as those of ordinances existing at the time of the effective date of this Code, shall be considered as continuations thereof and not as new enactments.

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1.01. 040 Repeal of certain ordinances and certain ordinances to remain in effect.

All ordinances of the City in force upon the effective date of the Code are hereby repealed except as follows:

1. Ordinances codified by the Code; and

2. Uncodified ordinances comprising or amending the Zoning Map of the City of Hermosa Beach, which are listed in the Uncodified Ordinance List on file in the Office of the City Clerk; and

3. Uncodified ordinances relating to matters of a special or temporary nature, which ordinances are listed in the Uncodified Ordinance List on file in the Office of the City Clerk; and

4. Any uncodified ordinance promising or guaranteeing the payment of money or authorizing the issue of bonds, or any evidence of the City's Indebtedness, or any contract or obligation assumed by the City; and

5. Any ordinance granting any franchise, license or other right conferred by the City on any person or corporation, which franchise, license or other right is in effect as of September 10, 1996; and

6. Any uncodified administrative ordinance of the City Council not in conflict with the provisions of the Code; and

7. Any uncodified ordinance relating to the salaries, benefits, and working conditions of City officers and employees; and

8. Any uncodified ordinance relating to the levy of any tax in effect as of September 10, 1996.

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1.01. 050 Effect of repeal of ordinances.

The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect. Also, the repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for any offense committed under the ordinance repealed.

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1.01. 060 Superseded ordinances.

All ordinances codified by the Code are superseded to the extent they conflict with the Code.

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1.01. 070 Savings provisions.

The repeal herein of any ordinance of the City of Hermosa Beach shall not affect or impair any act done, or right vested or approved, or any proceeding, suit or prosecution had or commenced in any cause before such repeal shall take effect; but every such act done, or right vested or accrued, or proceeding, suit, or prosecution had or commenced shall remain in full force and effect for all intents and purposes as if the applicable provisions of the ordinance, or part thereof, so repealed had remained in force and effect. No offense committed and no liability, penalty, or forfeiture, whether civilly or criminally incurred prior to the time when any such ordinance, or part thereof, shall be repealed or altered by said Code, shall be discharged or affected by such repeal or alteration. Prosecutions and suits for such offenses, liabilities, penalties, or forfeitures shall be instituted and proceeded with in all respects as if such prior ordinance, or part thereof, had not been repealed or altered.

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1.01. 080 Severability.

If any section, subsection, sentence, clause, phrase or portion of this Municipal 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. The City Council hereby declares that it would have adopted this Code and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional.

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1.01. 090 Definitions and rules of construction.

In the construction of this Code and of all ordinances of the City, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the city council or the context clearly requires otherwise:

City. The words "the City" or "this City" shall be construed as if followed by the words "of Hermosa Beach."

Code. The words "the Code" or "this Code" shall mean the code of the City of Hermosa Beach, California.

Computation of Time. The time in which any act provided by law is to be done is computed by excluding the first day and including the last, unless the last day is a holiday and then it is also excluded.

Council. Whenever the word "Council" is used in this Code, it shall be construed to mean the City Council of the city of Hermosa Beach.

County. The words "the County" or "this County" shall mean the County of Los Angeles.

Day. A "day" is the period of time between any midnight and the midnight following.

Daytime, Nighttime. "Daytime" is the period of time between sunrise and sunset. "Nighttime" is the period of time between sunset and sunrise.

Gender. The masculine gender includes the feminine and neuter.

In the City. The words "in the City" shall mean and include all territory over which the City now has, or shall hereafter acquire jurisdiction for the exercise of its police powers or other regulatory powers.

Month. The word "month" shall mean a calendar month.

Number. The singular number includes the plural, and the plural the singular.

Oath. "Oath" includes an affirmation.

Officers, Departments, etc. Officers, departments, boards, commissions and employees referred to in this Code shall mean officers, departments, boards, commissions and employees of the City of Hermosa Beach, unless the context clearly indicates otherwise.

Official Time. Whenever certain hours are named in this Code, they shall mean Pacific Standard Time or Daylight Saving Time, as may be in current use in the City.

Or, And. "Or" may be read "and", and "and" may be read "or" if the sense requires it.

Owner. The word "owner", applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or of a part of such building or land.

Person. "Person" includes any person, firm, association, organization, partnership, business trust, corporation or company.

"Personal property" includes every species of property, except real property, as defined in this section.

Preceding, Following. The words "preceding" and "following" mean next before and next after, respectively.

"Process" includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature.

Property. The word "property" shall include real and personal property.

"Real property" shall include lands, tenements and hereditaments.

Shall, May. "Shall" is mandatory and "may" is permissive.

Signature or Subscription by Mark. "Signature" or "subscription" includes a mark when the signer or subscriber cannot write, such signer's or subscriber's name being written near the mark by a witness who writes his own name near the signer's or subscriber's name; but, a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses so sign their own names thereto.

State. The words "the state" or "this state" shall be construed to mean the state of California.

Tenant or Occupant. The words "tenant" or "occupant", applied to a building or land, shall include any person holding a written or an oral lease of, or who occupies the whole or a part of such building or land, either alone or with others.

Tenses. The present tense includes the past and future tenses, and the future includes the present.

Week. A "week" consists of seven consecutive days.

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, it shall be made in writing in the English language, unless it is expressly provided otherwise.

Year. The word "year" shall mean a calendar year, except where otherwise provided.

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