Ord 2020 - Amending Chapters 1 and 2 of the Town Code to improve and clarify Town procedures and allow misdemeanor prosecution in certain instancesORDINANCE 2020
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTERS 1 AND 2 OF
THE TOWN CODE TO IMPROVE AND CLARIFY TOWN PROCEDURES
AND ALLOW MISDEMEANOR PROSECUTION IN CERTAIN INSTANCES
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
"Delegation of authority" as defined in Section 1.10.015 is amended to read as follows:
Delegation of authority. Whenever a provision appears that requires or allows an officer
of the Town to do some act or make certain inspections, it is to be construed to authorize the officer
to designate, delegate, and authorize subordinates to perform the act or make the inspection unless
the terms of the provision or section provide otherwise.
SECTION II
"Shall, may" as defined in Section 1.10.015 is amended to read as follows:
Shall, may. The word "shall" is mandatory, and the word "may" is permissive. However,
the use of "shall" in connection with a direction to any public officer or employee is not intended
to nor shall it be construed to impose upon the officer or employee a mandatory duty as defined
in the California Tort Claims Act to give rise to liability to a third party, but is intended instead
as direction and policy from the Town Council.
SECTION III
Section 1.10.025(b) is amended to read as follows:
(b) Unless otherwise provided in the repealing ordinance, 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ordinance repealed, nor any debt to the Town incurred before the repeal took effect.
SECTION IV
Section 1.10.40 is amended to read as follows:
Sec. 1.10.040. General penalty; continuing violations.
(a) Whenever in this Code or in any other ordinance of the Town or in any rule, regulation
or order issued or promulgated pursuant thereto 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, where no specific penalty is provided therefor, the violation of any such provision shall
constitute an infraction, and the penalties therefor shall be those specified by Government Code
section 36900(b). Where a violation is specifically declared to be a misdemeanor, it shall be
punished by a fine not exceeding one thousand dollars ($1,000.00) or the imprisonment for a term
not exceeding six (6) months or by both such fine and imprisonment. Any violation, whether
infraction or misdemeanor, may also be redressed by civil action. Violation of any section of this
Code is also declared to be a public nuisance.
(b) Notwithstanding Subsection (a) above, it is unlawful and a misdemeanor for any person
to willfully and knowingly violate any provision or to willfully and knowingly fail to comply with
any of the requirements of the Code. A willful and knowing violation or failure to comply is one
that occurs after the person has been informed that certain conduct is in violation of this Code and
continues the unlawful conduct.
(c) The arresting officer or prosecutor may elect to charge an offense that constitutes a
misdemeanor under Subsection (b) above as an infraction if the officer or prosecutor identifies
mitigating circumstances to justify such a reduced charge in writing. Such mitigating circumstances
may include, but are not limited to, insignificant impact on the public or a victim, lack of
comprehension by the violator, or prompt correction of or restitution to the victim for the violation.
The reasons for a reduced charge shall be indicated on the citation or report and filed with the Town
Attorney. The Court may also reduce the charge to an infraction upon a finding of mitigating
circumstance or as a condition of probation and sentencing.
(d) Every day any violation of this Code or any other ordinance of the Town or any such rule,
regulation or order shall continue shall constitute a separate offense.
SECTION V
Section 1.10.080 is amended to read as follows:
Sec. 1.10.080. Same -- Effect on Town operations.
The offices of the Town shall be closed on Saturdays, Sundays and on those holidays
designated in section 1.10.075; provided, that police and other safety and emergency services shall
be performed on Saturdays, Sundays, and holidays, and the working schedule for employees in
any department may be so arranged as to make Saturdays or Sundays a regular working day.
Employee compensation for holidays shall be regulated under the Town personnel rules adopted
pursuant to the provisions of article III, division 6 of chapter 2 of this Code or applicable
memorandum of understanding.
SECTION VI
Section 2.20.010 is amended to read as follows:
Sec. 2.20.010. Meetings -- Time.
The regular meetings of the Town Council will be on the first and third Mondays of each
month at 7:30 p.m.; however, when the day fixed for any regular meeting of the Town Council falls
upon a day designated by law as a legal or national holiday, the meeting will be held on the next
succeeding day not a holiday. The Town Council may cancel a regular meeting by a vote of a
majority of the Council. The Town Council may establish additional regular meetings by adopting
a calendar of scheduled meetings at least thirty (30) days prior to such meetings. A current, adopted
calendar of Council meetings shall be posted in the office of the Town Cleric.
SECTION VII
Section 2.20.015 is amended to read as follows:
Sec. 2.20.015. Same --Place.
All regular meetings of the Town Council shall be held in the Council chamber in the Town
Hall in the Town, unless the Council chamber is not usable for a public meeting, in which case the
Council may establish an alternative meeting place in the Town limits.
SECTION VIII
Section 2.30.905 is amended to read as follows:
Sec. 2.30.905. Definitions.
For the purposes of this division, the following words and phrases shall have the meanings
respectively ascribed to them by this section:
Competitive service shall include all employees of the Town other than temporary,
provisional, confidential, and management personnel and elected officials.
Confidential employees are those so designated by the Town Manager, based on those
employees' responsibilities in personnel, labor relations, legal, and management support areas.
Disciplinary action shall mean any action taken solely on the basis of employee misconduct
and which results in a loss of pay and /or benefits to the employee.
Hourly employees shall be those employees who do not work in Town employment more
than one thousand (1,000) hours during any twelve -month period.
Management employees shall be those designated by the Town Council in the adoption of
the Town management compensation plan.
Permanent employees are those who have successfully completed their probationary period
and have been retained with permanent status, as provided in the Town personnel rules.
Probationary employees are those who are serving in the probationary period of employment
upon original or promotional appointment as defined in the Town personnel rules.
Provisional employees are those who are appointed as such as provided in the Town
persomiel rules.
Temporary employees are those whose term of service to the Town does not exceed one
thousand forty (1,040) hours during any consecutive twelve -month period.
SECTION IX
Section 2.30.905 is amended to read as follows:
Sec. 2.30.915. Applicability of division.
The provisions of this division shall apply to members of the competitive service, which
includes all employees of the Town except the following:
(1) Elective officers and their duly appointed deputies.
(2) Members of appointive boards, commissions and committees.
(3) Persons engaged under contract.
(4) Volunteer personnel who receive no regular compensation from the Town.
(5) The Town Manager, department heads; management employees; the Town Attorney;
and the Tax and License Collector.
(6) Confidential, hourly, temporary, and provisional employees.
SECTION X
New Subsections (b)(5) and (b)(6) are added to Section 2.5 0.13 as follows:
(5) The Town Council or the Purchasing Agent finds that the services being purchased
are clearly professional in nature, such as accounting, legal, planning, or
architectural, and the selection of the contractor should be based on the quality and
history of the contractor in addition to the price offered.
(6) State or Federal law forbids selection on the basis of lowest responsible bidder alone.
SECTION XI
This ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on August 5, 1996 and adopted by the following vote as an ordinance of the Town of
Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on September 16,
1996. This ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin,
Mayor Randy Attaway.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR OF E TOWN OF S GATOS
LOS GATOS, CALIFORNIA
ATTEST:
ZR
CLERK OF THE TOWN OF L S GATOS
LOS GATOS, CALIFORNIA