THE CHARTER OF THE CITY OF TORRANCE
ARTICLE 7 - CITY COUNCIL POWERS AND DUTIES
SECTION 700. LEGISLATIVE POWERS.
SECTION 710. ORGANIZATION MEETING.
SECTION 711. REGULAR MEETINGS.
SECTION 712. ADJOURNMENT.
SECTION 713. SPECIAL MEETINGS.
SECTION 714. PLACE OF MEETINGS.
SECTION 715. QUORUM.
SECTION 716. COUNCIL PROCEEDINGS.
SECTION 720. ORDINANCES; ENACTMENT CLAUSE.
SECTION 721. ORDINANCES: PUBLICATION.
SECTION 722. CODIFICATION OF ORDINANCES.
SECTION 723. ADOPTION OF CODE BY REFERENCE.
SECTION 724. ADOPTION OF ORDINANCES AND RESOLUTIONS.
SECTION 725. ORDINANCES; WHEN REQUIRED.
SECTION 726. ORDINANCES; WHEN EFFECTIVE.
SECTION 727. ORDINANCE VIOLATION: MISDEMEANOR OR INFRACTION.
SECTION 728. ORDINANCE PENALTY.
SECTION 700. LEGISLATIVE POWERS.
The legislative powers of the City shall be vested in the City Council and
the people through the initiative and referendum.
SECTION 710. ORGANIZATION MEETING.
The City Council shall meet on the Tuesday next suceeding the date of the
holding of any general municipal election. (Ratified Spec. Mun. Elec. 10/29/57,
Amend. No. 2; Approved by State Legislature Concurrent Res. No. 1 on
2/4/58).
SECTION 711. REGULAR MEETINGS.
The City Council shall hold regular meetings at least once in each month,
at such times as it shall fix by ordinance or resolution, and may adjourn any
regular meeting to a date certain, which shall be specified in the order of
adjournment, and when so adjourned, each adjourned meeting shall be a regular
meeting for all purposes. Any adjourned meeting may likewise be
adjourned.
SECTION 712. ADJOURNMENT.
In the event that any order of adjournment of a regular meeting fails to
set the hour at which any adjourned meeting is to be held, such adjourned
meeting may be validly held on the day specified in the order of adjournment, if
held at the hour set forth in the ordinance or resolution prescribing the time
for regular meetings.
SECTION 713. SPECIAL MEETINGS.
Special meetings may be called at any time by the Mayor, or by a majority
of the members of the City Council, upon compliance with the notice requirements
for special meetings prescribed by state law; provided, however, that any
special meeting of the City Council shall be a validly called special meeting,
without the giving of such written notice, as provided, if all members of the
City Council shall give their consent, in writing, to the holding of such
meeting, and such consent is on file in the office of the City Clerk at the time
of holding such meeting. A telegraphic communication from a Councilman
consenting to the holding of the meeting shall be deemed to be a consent in
writing, within the meaning of the terms as expressed in the foregoing
sentences. At any special meeting the powers of the City Council to transact
business shall be limited to matters referred to in such written notice or
written consent. (Ratified Gen. Mun. Elec. 3/7/78, Amend. No. 3, Filed with
Sec’y of State 3/27/78, Recorded with County Recorder, Los Angeles County
6/20/78).
SECTION 714. PLACE OF MEETINGS.
All regular or special meetings of the City Council shall be held within
the corporate limits of the City, at such place as may be designated by
ordinance or resolution, and shall be open to the public. If, by reason of fire,
flood or other disaster or emergency, it shall be unsafe to hold a Council
meeting at the designated place, the City Council may meet during such emergency
at such place as is designated by the Mayor or by three members of the City
Council. The City Council shall have the right and privilege to hold and conduct
its meeting in accordance with an agenda and may specify the matters which shall
be considered at each meeting and shall have the right to establish a time at
which all communications shall be on file in the Office of the City Clerk in
order that such communications may be considered at the next regular meeting of
the City Council. (Ratified Gen. Mun. Elec. 4/11/50, Amend No. 5; Approved by
State Legislature Concurrent Res. No. 32 on 3/15/51).
SECTION 715. QUORUM.
At any meeting of the City Council, a majority of said Council shall
constitute a quorum for the transaction of business, but a less number may
adjourn from time to time, and may compel the attendance of absent members in
such manner and under such penalties as may be prescribed by ordinance. In the
absence of all of the City Council from any regular meeting or adjourned regular
meeting the City Clerk may declare the same postponed and adjourned to a stated
day and hour, and must thereupon deliver or cause to be delivered personally to
each member of the City Council a written notice of such adjournment at least
three hours before the time to which said regular or any adjourned regular
meeting has been adjourned. Whenever in this Charter a certain proportion of the
Council is required for the performance of any act, it shall mean such
proportion of the entire membership of the Council.
SECTION 716. COUNCIL PROCEEDINGS.
The City Council shall judge of the qualifications of its members and of
all election returns, and determine contested elections of all City officers. It
may establish rules for the conduct of its proceedings and punish any member or
other person for disorderly behavior at any meeting. It shall have the power and
authority to examine witnesses under oath and compel the attendance of witnesses
and the production of evidence before it by subpoena. Such subpoenas shall be
issued in the name of the City and be attested by the City Clerk. Such subpoenas
shall be served by the Chief of Police and the disobedience of such subpoenas,
or the refusal to testify, shall constitute a misdemeanor for which prosecution
may be had in any court of competent jurisdiction. It shall cause the City Clerk
to keep a correct record of all its proceedings and at the desire of any member,
the City Clerk shall call the roll, and shall cause the ayes and noes taken on
any question to be entered in the record journal.
SECTION 720. ORDINANCES; ENACTMENT CLAUSE.
The enacting clause of all ordinances shall be substantially as follows:
‘The City Council of the City of Torrance does ordain as follows:’
Every ordinance must be signed by the Mayor and attested by the City
Clerk.
SECTION 721. ORDINANCES: PUBLICATION.
At the time any ordinance is introduced to the City Council, the City
Attorney shall prepare and submit a summary of the said ordinance. Upon adoption
of an ordinance, the City Council may determine that the summary of the said
ordinance shall be published in a newspaper of general circulation, printed,
published and circulated within the City, or that the full ordinance shall be so
published. In the event the City Council shall determine that a summary shall be
published, it shall approve the summary as submitted or may modify it.
The
City Clerk shall thereafter cause either the said ordinance, or the summary
thereof approved by the City Council, to be published within fifteen (15) days
after its adoption at least once in a newspaper of general circulation, printed,
published and circulated within the City. If there is no such newspaper, then
each such ordinance must be posted in at least three (3) public places within
the City.
In the event the summary is published, the names of the Council
Members voting for and against shall be shown. (Ratified Spec. Mun. Elec.
11/8/88, Filed with Sec’y of State 5/1/89).
SECTION 722. CODIFICATION OF ORDINANCES.
Any and all ordinances of the City which have been enacted and published
in the manner required at the time of their adoption, and which have not been
repealed, may be compiled, consolidated, revised, indexed, including such
re-statements and substantive changes as may be necessary in the interest of
clarity and arranged as a comprehensive ordinance code, and such code may be
adopted by reference by the passage of an ordinance for such purpose which
ordinance shall be required to be adopted and approved in the manner provided in
this Charter for the passage of ordinances of the City. The ordinance code
itself need not be published in the manner required for other ordinances, but
not less than three (3) copies of such code shall be filed, for use and
examination by the public, in the office of the City Clerk, prior to the
adoption thereof. After the code has been adopted, all ordinances thereafter
adopted shall be amendatory and revisory of the code, and no section of the code
shall be revised or amended by reference but the section revised or amended
shall be readopted and published at length as revised or amended.
SECTION 723. ADOPTION OF CODE BY REFERENCE.
Detailed regulations pertaining to any subject, such as the construction of
buildings, plumbing, wiring or other subjects which require extensive
regulations, after having been arranged as a comprehensive code, may be adopted
by reference by the passage of an ordinance for such purposes; which ordinance
may be adopted in the same manner as specified for the adoption of a
comprehensive ordinance code.
SECTION 724. ADOPTION OF ORDINANCES AND RESOLUTIONS.
No ordinance of any kind shall be passed by the City Council on the day of
its introduction, nor within five (5) days thereafter, nor at any time other
than a regular or adjourned regular meeting. At the time that an ordinance or
resolution is up for final passage, it shall be read in full, unless after the
reading of the title thereof, the further reading thereof is waived by motion of
the City Council regularly made and approved by the unanimous vote of those
present. In the event that any ordinance is materially altered after its
introduction, the same shall not be finally adopted except at a regular or
adjourned regular meeting held not less than five (5) days after the date upon
which such ordinance was so altered. The correction of typographical or clerical
errors shall not constitute the making of an alteration within the meaning of
the foregoing sentence.
No resolution or any order for the payment of money
shall have any validity or effect unless passed by the votes of at least four
(4) members of the City Council, and no ordinance shall have any validity or
effect unless passed by the votes of at least four (4) members of the City
Council. (Ratified Spec. Mun. Elec. 10/29/57, Amend. No. 2; Approved by State
Legislature Concurrent Res. No. 1 on 2/4/58).
SECTION 725. ORDINANCES; WHEN REQUIRED.
Every act of the City Council establishing a fine or other penalty, or
granting a franchise, creating a commission, board or agency, or in any way
restricting or governing the use of property, and in addition thereto, every act
required by the City Charter to be done by ordinance shall be by ordinance.
(Ratified Gen. Mun. Elec. 4/11/50, Amend. No. 6; Approved by State Legislature
Concurrent Res. No. 32 on 3/15/51).
SECTION 726. ORDINANCES; WHEN EFFECTIVE.
No ordinance shall become effective until thirty (30) days from and after
the date of its final passage, except an ordinance calling or otherwise relating
to an election, or to a street improvement proceeding taken under some law, or
ordinance determining the amount of money necessary to be raised by taxation, or
fixing the rate of taxes to be levied, or an ordinance for the immediate
preservation of the public peace, health, or safety, which contains a
declaration of facts constituting its urgency, and is passed by a five-sevenths
vote of the City Council. An ordinance for the immediate preservation of the
public peace, health or safety which contains a declaration of the facts
constituting its urgency and is passed as aforesaid, may be introduced and
passed at one and the same meeting and the requirement that no less than five
(5) days shall intervene between the introduction and final passage shall not
apply to such an ordinance. (Ratified Spec. Mun. Elec. 10/29/57, Amend No. 2;
Approved by State Legislature Concurrent Res. No. 1 on 2/4/58).
SECTION 727. ORDINANCE VIOLATION: MISDEMEANOR OR INFRACTION.
A. A violation of any ordinance of the City may be prosecuted by the
authorities of the City either as a misdemeanor or an infraction, as the City
Council may determine, in the name of the People of the State of California, or
may be redressed by civil action, or both, at the option of said
authorities.
B. For any ordinance of the City adopted after the effective date of this
amended section, the City Council shall declare at the time of adoption whether
the violation of such ordinance shall be a misdemeanor or an infraction or
alternatively, a misdemeanor or infraction pursuant to Section 17(d) of the
California Penal Code.
C. For each ordinance adopted before the effective date of this amended
section, the City Council may determine, by the adoption of an ordinance or
ordinances that the violation of any such previously adopted ordinances shall be
an infraction, or alternatively a misdemeanor or an infraction pursuant to
Section 17(d) of the California Penal Code. (Ratified Gen. Mun. Elec. 3/7/78,
Amend. No. 6, Filed with Sec’y of State 3/27/78, Recorded with County
Recorder, Los Angeles County 6/20/78). (Ratified Spec. Mun. Elec. 11/8/88, Filed
with Sec’y of State May 1, 1989).
SECTION 728. ORDINANCE PENALTY.
The maximum fine or penalty for any violation of an ordinance of this City
which is a misdemeanor, shall be the sum of One Thousand Dollars ($1000), or a
term in the County Jail or in the City Jail for a period not exceeding six (6)
months, or by both such fine and imprisonment, or as otherwise provided in
Section 36901 of the California Government Code. The maximum fine or penalty for
violation of any ordinance of this City which is an infraction, or which is
charged as an infraction, shall be provided in Section 36900 of the California
Government Code. By ordinance or resolution of the City Council, any persons
imprisoned for a violation of any ordinance may be compelled to labor on the
streets or other public property or works within the City. (Ratified Spec. Mun.
Elec. 11/8/88, Filed with Sec’y of State 5/1/89).
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