Legislative BodyGeneral Powers
Section § 37100
This section allows local government bodies to pass their own laws, known as ordinances, as long as they do not go against the state or federal laws or the Constitution.
Section § 37100.5
This law allows any city in California to impose the same types of taxes that a charter city can, but only if the city's residents agree to it through a vote. It notes an exception that's referenced in another section regarding certain tax restrictions.
Section § 37101
This law allows city governments to charge taxes on businesses operating within their jurisdiction. The city can set these license taxes for various types of legal businesses and even on sales and use. If a business operates both inside and outside a city, the tax must reflect the portion of business done within the city.
The law exempts nonprofit organizations and religious leaders from these license taxes. Also, for cannabis retailers, the county cannot include specific cannabis or sales taxes in their local tax calculations on a retailer's gross receipts.
Section § 37101.5
This law prevents any local government body from requiring cafe musicians to have a license or pay a fee to perform. A cafe musician is defined as someone who plays an instrument at a restaurant or bar where food or drinks are served and is either an employee or a contractor there. This does not apply to the owners or managers of the venue.
Section § 37101.7
This law allows a city to charge a license tax to contractors who do business in the city. The tax should be the same for contractors without a permanent business location in the city as for those with one. However, the city can vary the tax amount based on the contractor's earnings from work done within the city.
Section § 37102
This law allows the city's legislative body to use their funds to create job opportunities for residents who are struggling financially or are unemployed.
Section § 37103
This law allows a legislative body to hire outside experts, such as individuals, firms, or companies, for specialized advice and services in areas like finance, economics, accounting, engineering, legal issues, or administration. They can decide the appropriate payment for these experts.
Section § 37104
This law allows a legislative body to officially order people to attend and provide evidence, such as documents, in any legal actions or hearings that are being conducted by the body.
Section § 37105
This law explains that subpoenas (legal documents ordering someone to attend court) in this context must be signed by the mayor and confirmed by the city clerk. These subpoenas are delivered in the same way as they are in civil court cases.
Section § 37106
If someone is officially summoned through a subpoena and they either ignore it, refuse to show up, or decline to answer relevant questions during their appearance, the mayor must inform a judge from the county's superior court about the situation.
Section § 37107
If a witness doesn't show up as required, the judge can order the sheriff to find and bring the witness to court.
Section § 37108
When a witness is brought before the court after being attached, the judge has the authority to handle the case.
Section § 37109
If a witness is found in contempt during proceedings, they have the same rights and face the same consequences as if this happened during a civil trial in a superior court.
Section § 37110
This law allows a city's legislative body to use money from the general fund to support activities related to music and the promotion of sister city or town affiliation programs.
Section § 37110.5
This law allows a city government to give money to nonprofit educational radio and TV stations. However, they must meet certain rules: it should help residents get more educational and cultural benefits, many city residents must be able to receive the station's broadcast, the station should regularly air educational or cultural programs, the money should go to the station’s general funds and not a specific show, and the donation shouldn't come with any control over the station's programs or content.
Section § 37111
If the legislative body decides that land originally bought for parks or other uses should instead be used for public buildings or a civic center, they can pass an ordinance to make this change. To do this, they need a four-fifths majority vote.
Section § 37111.1
This law explains how a city can change the use of park land for other municipal purposes. If the city thinks this is necessary, the city council can pass an ordinance with a strong majority vote, provided they inform the public and hold a meeting about it. Two conditions must be met: the city must have recently dedicated a similar or larger amount of land for park purposes, and the new land use must fit into the city's general plan.
This process cannot be used for park land given by donors, taken by eminent domain for park use, or bought with funds for park purposes. It's an alternative method to other legal procedures.
Section § 37112
This section allows a legislative body to do whatever is needed to implement the rules and purposes outlined in this legal title.
Section § 37114
If a city accidentally makes a mistake in the property description during a transaction, resulting in less or more land than intended being conveyed, they can fix it. The city and the other party must agree on the mistake, then the city can pass a resolution to fix the error without going through the usual legal process or court actions.
This procedure can be followed whether the mistake involves selling or buying. The resolution makes the facts official for good faith buyers or lien holders. However, if the error is in a legal or official description that must be published, this law doesn't apply, and standard notice rules still apply if required by law.
Section § 37115
This law allows a city’s legislative body to take any necessary actions so the city can join programs under the 'Economic Opportunity Act of 1964.' It includes permitting the city to spend money required by the federal government to participate.
Section § 37116
This law allows a school district to borrow money from a city to remove or replace asbestos materials in schools, which pose health risks. The district must apply to the city's governing body to request these funds. The city and the district can agree on the terms of the loan, but the repayment must come from the school district's deferred maintenance fund.
Section § 37200
If a local government body creates an annual budget, the budget must show both the spending cap and the total spending amount that is subject to this cap, as defined by another set of rules.