The San Bernardino County Code and all other ordinances of the County of San Bernardino, theretofore applicable, are hereby adopted, by reference, as Code of the City of Twentynine Palms, to the extent applicable to the City and not inconsistent with existing City Code or ordinances. One copy of the County Code and other non-codified County ordinances are on file in the office of the City Clerk of the City.

(88-32 § 1)

The following amendments are made to the County of San Bernardino Code and ordinances referenced herein:

A.

Whenever "Board of Supervisors" or "Board" is used, it means the Twentynine Palms City Council.

B.

Whenever "County" is used, it means the geographical limits of the City of Twentynine Palms unless a different geographical area is clearly indicated by the context.

C.

Whenever "County," "County of San Bernardino" or "unincorporated territory of the County of San Bernardino" is used, it means the City of Twentynine Palms.

D.

Wherever "Planning Commission" is used, it means the Planning Commission of the City of Twentynine Palms. (88-32 § 2)

(a)

Definitions. The following terms as used in this Code or in other Twentynine Palms City ordinances hereafter adopted, shall have the following meanings unless a different meaning is apparent from the context or otherwise specified. Words and phrases not defined here are to be construed according to approved usage d, where appropriate, by reference to definitions in State or Federal law.

(1)

"City" is the City of Twentynine Palms.

(2)

"City Council" is the city council of this City.

(3)

"City Manager" is the appointed official of the City who occupies the position of chief administrative officer of the City.

(4)

"County" is the County of San Bernardino.

(5)

"Month" shall mean a calendar month.

(6)

"Oath" includes affirmation.

(7)

"Owner" as applied to a building or land, includes any part owner, joint owner, tenant, tenant in common, or joint tenant of the whole or a part.

(8)

"Person" includes an individual, firm, association, organization, partnership, business trust, company or corporation, public corporation, political subdivision or government entity except this City.

(9)

"Police" or "Police Chief" shall mean the person or agency designated as such by the City.

(10)

"State" is the State of California.

(11)

"Street" includes a highway, avenue, lane, alley, court, place, square, curb, and any other public way in the City which is dedicated and open to public use. Street also includes such other public property designated as such by law.

(12)

"Tenant" or "occupant" applied to a building or land includes a person who occupies the whole or part of the building or land, whether alone or with others.

(13)

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

(14)

The masculine gender includes the feminine and neuter.

(15)

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

(16)

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

(17)

"Section" refers to a section of this Twentynine Palms Municipal Code unless otherwise indicated.

(b)

Rules of Construction.

(1)

Provisions governing construction. The provisions of the City Code and all proceedings under them shall be construed with a view to effect their objects and to promote justice.

(2)

Effect of headings. Title, chapter, article and section headings shall not govern, limit, modify or affect the scope, meaning or intent of this Code or other ordinances of the City.

(3)

Area of application. City Code refers only to the omission or commission of acts within the territorial limits of the City and to that territory outside of the City over which the City has jurisdiction or control by the Constitution, law or ownership or control of property.

(4)

Prohibited acts include causing, permitting or suffering. Whenever in City Code an act or omission is made unlawful, such act or omission includes causing, permitting, aiding, abetting, suffering or concealing the fact of the act or omission.

(5)

Acts of deputies. Where City Code grants a power to a public officer or employee or imposes a duty on him, the power may be exercised or the duty performed by his deputy or employee or by any person authorized by law or regulation, unless otherwise specifically provided.

(6)

Severability of provisions. If a title, division, chapter, section, subsection, paragraph, sentence, clause, or phrase of City Code is held invalid or unconstitutional for any reason, that holding does not affect the validity or constitutionality of the remainder of such Code. The City Council declares that it would have adopted each part of such Code irrespective of the validity of any other part.

(7)

Notices.

(A)

Notices—Service. Whenever a notice is required to be given, or may be given, under any provision of City Code, including those adopted by reference, such notice may be given as herein provided. Unless different or special provisions are otherwise specifically made, any such notice may be given either by personal delivery thereof to the persons 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 the 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.

(B)

Notices—Proof. Proof of giving any notice may be made by the certificate of any officer or employee of this City or by the affidavit or declaration under penalty of perjury of any person over the age of 18 years, which shows service in conformity with the provisions of City Code or any other applicable provisions of law.

(87-12 § 1; 88-22 § 1)

(a)

Infractions. It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of City Code, including those adopted by reference. Any person violating any of such provisions or failing to comply with any such mandatory requirements shall be guilty of an infraction, unless such violation is specifically designated as constituting a misdemeanor. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation is committed, continued, or permitted by such person, and may be punished accordingly.

Any provision or requirement of City Code or otherwise as referred to above, the violation of which or the failure to comply with which, is designated as an infraction, shall be prosecutable as a misdemeanor upon a third violation and each violation thereafter of the same provision by the same individual. In addition, any such violation or failure to comply may be prosecuted originally as a misdemeanor in the discretion of the City Attorney or any deputy district attorney, upon a showing by the enforcing agency of the seriousness of the particular alleged violation.

(b)

Establishment of 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:

(1)

Where a judgment imposes a punishment of a fine not exceeding Fifty Dollars ($50) in the case of a first offense;

(2)

When the court grants probation to a defendant without the imposition of a sentence and, at the time of granting probation, or an application of the defendant or probation officer thereafter, the court declares the offense to be an infraction; or

(3)

When the City Attorney or any deputy district attorney files in a court having jurisdiction over misdemeanor offenses a complaint specifying that the offense is an infraction.

(c)

Punishments.

(1)

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 ($1,000.00), or by imprisonment in the County jail for a period not exceeding six (6) months, or by both such fine and imprisonment.

(2)

Any person convicted of an infraction under the provisions of City Code shall be punishable for a first conviction by a fine of not more than One Hundred Dollars ($100.00), for a second conviction within a period of one (1) year by a fine of not more than Two Hundred Dollars ($200.00), and for a third or any subsequent conviction within a period of one (1) year by a fine of not more than Five Hundred Dollars ($500.00).

(d)

Violations Also Public Nuisances. In addition to other penalties provided by law, any condition caused or permitted to exist in violation of any provisions of City Code, including those adopted by reference, or any such threatened violation, shall be deemed a public nuisance and may be summarily abated as such by the City through its City Attorney in a civil judicial action.

(e)

Nuisances: Recovery of Abatement Expenses.

(1)

Whenever any person creating, causing, committing, or maintaining a public nuisance, as referred to in subsection (d) of this Section, or other public nuisance, as defined under State law or other ordinance of regulation, has been sent notice, by or on behalf of the City Attorney or by any other City 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 sent 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 City for any and all costs and expenses incurred by the City involved in abating the nuisance and/or in obtaining compliance with or enforcing the law as referred to or encompassed in the said notice.

(2)

Costs and expenses, as referred to in subsection (e)(1) 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 attorneys' fees, claims against the City arising as a consequence of the nuisance or violation, and procedures associated with collecting moneys due hereunder. With respect to attorneys' fees only, the City may opt at the initiation of any such action or proceeding to pursue recovery of attorneys' fees incurred in connection therewith. When the City so opts to pursue recovery of attorneys' fees, the prevailing party of any such action or proceeding relating to the abatement of public nuisances shall be entitled to attorneys' fees, to the fullest extent allowable under law.

(3)

The provisions of subsection (e)(1) of this Section shall also apply to any person who was sent 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.

(4)

The liability of any person for the payment of the costs and expenses provided for in subsection (e)(1) of this Section may be waived in whole or in part by the City Attorney in any case wherein he or she determines, in his or her sole discretion, that the failure or refusal of such persons 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 City Attorney in this regard shall be final and conclusive and shall not be subject to appeal to the City Council.

(5)

Moneys due to the City pursuant to this Section may be recovered in an appropriate civil action. Alternatively, such liability may be enforced by special assessment or lien proceedings against the parcel of land upon which the nuisance existed or any other available legal means.

(f)

Violation of Administrative Provisions. The violation of, or the failure or omission to perform in accordance with any administrative provision of City Code by any officer or employee of the City 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 civil service ordinances and rules and regulations of the City, if applicable.

(87-12 § 1; 88-22 § 2; Ord. 214 § 1, 2008)

(a)

Notice to Appear in Lieu of Arrest. In any case in which a person is arrested for a violation of any provision of City 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 then may be released, all pursuant to and in accordance with the procedures prescribed by California Penal Code Section 853.6 et seq.

(b)

Issuance of Citations by Designated Officers and Employee. Officers and employees of the City 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 cause 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 City officers and employees designated by resolution of the City Council to exercise such arrest and citation authority as to specified violations. The City 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 citations 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.

(88-22 § 3)