HomeMy WebLinkAbout1971-08-03; City Council; 1133; Carlsbad Municipal Code (CMC) adoptedORDINANCE NO. 1133
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AN ORDINANCE OF THE CITY OF CARLSBAD ADOPTING THE CARLSBAD MUNICIPAL CODE, AS COMPILED, EDITED AND PUBLISHED BY BOOK PUBLISHING COMPANY OF SEATTLE, WASHINGTON, AS THE OFFICIAL CODE OF THE CITY OF CARLSBAD, CALIFORNIA.
WHEREAS Book Publishing Company of Seattle, Washington, has
contracted with Carlsbad, California to prepare the Carlsbad Muni-
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WHEREAS Book Publishing Company has compiled, edited and pub-
lished the Carlsbad Municipal Code,
WHEREAS the Council of the City of Carlsbad has inspected the
Carlsbad Municipal Code as compiled, edited and published by Book
Publishing Company and is satisfied that said code is a correct
and accurate codification of the ordinances of Carlsbad, California, ::I
I 30/1 equity. It shall also be sufficient to designate any ordinance 1,
WHEREAS the City Council of the City of Carlsbad, California
and
311/ I adding to, amending, correcting or repealing all or any part or 1
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is satisfied that the provisions of Sections 50022.7--50022.8 and
50022.10 of the California Code Annotated have in all ways been
complied with,
The Council of the City of Carlsbad does ordain as follows:
Section 1. Code Adopted. The Carlsbad Municipal Code, as
compiled from the ordinances of the City of Carlsbad, California
and edited and published by Book Publishing Company of Seattle, Wash-
ington., is hereby adopted as the official code of the City of
Carlsbad, California.
Section 2. Title--Citation--Reference. This code shall be
known as the "Carlsbad Municipal Code," in any prosecution for the
violation of any provision thereof or in any proceeding at law or
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portion thereof as an addition to, amendment to, correction of or
repeal of the "Carlsbad Municipal Code." Further reference may be
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had to the titles, chapters, sections and subsections of the
"Carlsbad Municipal Code" and such reference shall apply to that
numbered title, chapter, section or subsection as it appears in
that code.
Section 3. Reference Applies to Amendments. Whenever a refer-
ence is made to this code as the "Carlsbad Municipal Code" or to
any portion thereof, or to any ordinances of the City of Carlsbad,
California that reference shall apply to all amendments, correction:
and additions heretofore, now, or hereafter made.
Section 4. Codification Authority. This code consists of all
of the regulatory and penal ordinances and certain of the adminis-
trative ordinances codified pursuant to Sections 50022.1--50022.8
and 50022.10 of the California Code Annotated.
Section 5. Definitions and Construction. Unless the context
otherwise requires, the following words and phrases where used in
the ordinances of the City of Carlsbad shall have the meaning and
construction given in this section:
(a) "Code means the "Carlsbad Municipal Code." (b) "City" means the City of Carlsbad. (c) "City Council" means the City Council of the City of
(d) "County" means the County of San Diego. (e) "Person" means any natural person, firm, association,
Carl sbad.
joint venture, joint stock company, partnership, organiz- ation, club, company, corporation, business trust, or the manager, lessee, agent, servant, officer, or employee of any of them.
(f) "State" means the State of California.
(9) "Oath" includes affirmation.
(h) Gender. The masculine gender includes the feminine and
(i) Number. The singular number includes the plural, and the
(j) Tenses. The present tense includes the past and future
(k) Shall, May. "Shall" is mandatory, ''may" is permissive. (1) Title of office. The use of the title of any officer,
neuter.
plural includes the singular.
tenses, and the future tense includes the present tense.
employee, department, board or commission means that officer, employee, department, board or commission of the
shall include any part owner, joint owner, tenant in common, or joint tenant of the whole or part uf such
building or land.
ity of Carlsbad. (m) Owner. "Owner" when pertaining to a building or land
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Street. "Street" includes all streets, highways, public roads, county roads, avenues lanes , a1 leys , courts places, squares, curbs , si.dewa1 ks, parkways, or other public ways in Carlsbad which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this state. Tenant or Occupant. "Tenant or occupant'' when pertaining to a building or land shall include any person who occupies the whole or part of such building or land, whether alone or with others. Goods. "Goods" includes wares and merchandise. Operate. "Operate" or engage in" includes carry on, keep, conduct, maintain, or cause to be kept or maintained. Across. "Across" includes along, in or upon. Sale. "Sale" includes any sale, exchange, barter or offer for sal e. Ex-officio. "Ex-officio" means by virtue of office.
of the provisions of any title, chapter or section hereof.
Section 7. Reference to Specific Ordinances. The provisions
Section 6. Title, Chapter and Section Headings.
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Title, chapte , t
of this code shall not in any manner affect deposits or other matter
]of record which refer to, or are otherwise connected with ordinances
lwhich are therein specifically designated by number or otherwise
'"be i construed to apply to the correspon i ng provisions contained
I9/within this code.
17 1' i/and which are included within this code, but such reference shall I
Section 8. Effect of Code on Past Actions and Obligations.
211Neither the adoption of this code nor the repeal or amendment hereby
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any ordinance or any part of any rdinance of the City shall in :
violations of ordinances, which 23/any manner affect the prosecution fo
violations were committed prior to the ffective date hereof, nor be
e, or penalty at said effec- ~s/construed as a waiver of any license,
26itive date due and unpaid under such ordi ces, nor be construed as
inances relating to the \affecting any of the provisions of such
lcollection of any such license, fee, or penalty, or the penal pro-
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3oiposted, filed, or deposited pursuant to any ordinance and all rights
/and obligations thereunder appertaining shall continue in full force
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Section 9. Effective Date. The Carlsbad Municipal Code shall
iecome effective on the date that this ordinance becomes effective.
Section 10. Severability. If any section, subsection,
ientence, clause, phrase, part, or portion of this code is for any
.eason held to be invalid or unconstitutional by any court of
Zompetent jurisdiction, such decision shall not affect the validity
if the remaining portions of this code. The Carlsbad City Council
iereby declares that it would have adopted this code and each sectio
subsection, sentence, clause, phrase, part, or portion thereof,
irrespective of the fact that any one or more sections, subsections,
sentences, clauses , phrases, parts, or portions be declared inval id
3r unconstitutional.
Section 11. EFFECTIVE DATE: This ordinance shall take effect
3nd be in force on the thirty-first day from and after its adoption.
Section 12. PUBLICATION: The City Clerk of the City of
=arlsbad is hereby directed to cause this Ordinance to be published
3nce in the Carlsbad Journal, a newspaper published and of general
circulation in said City of Carlsbad.
First read at an,adjourned meeting of the City Council held
on the 29th of June, 1971, and finally passed, approved and adopted
at a regular meeting held on August 3rd, 1971, by the followin!
vote, to wit:
AYES: Cmn. Dunne, McComas, Jardine, Castro and Lewis.
NOES: None.
ABSENT: None.
ATTEST:
SEAL)
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