HomeMy WebLinkAbout2016-01-12; City Council; CS-289; An Ordinance Updating, Recodifying and Adopting the Carlsbad Municipal Code as the Code of Ordinances for the City of Carlsbad2
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ORDINANCE NO. CS-289
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, UPDATING, RECODIFYING AND
ADOPTING THE CARLSBAD MUNICIPAL CODE AS THE CODE
OF ORDINANCES FOR THE CITY OF CARLSBAD
WHEREAS, California Government Code Sections 50022.1 through 50022.8,
and 50022.10 provide for the codification, compilation, recodification, recompilation and
publication of permanent and general ordinances of cities; and
WHEREAS, the ordinances of the City of Carlsbad were originally codified as
the "Carlsbad Municipal Code," on August 3, 1971 through the adoption of Ordinance No.
1133; although the Code has been supplemented over the years with the passage of new
ordinances, it has not been recompiled or recodified in its entirety since the original
codification in 1971; and.
WHEREAS, the City now desires to revise, recodify, recompile and update the
ordinances comprising the Carlsbad Municipal Code into a modern, user-friendly format to
aid City staff, residents and other individuals and entities that wish to use the Carlsbad
Municipal Code; and
WHEREAS, the City of Carlsbad has contracted with Quality Code Publishing
to compile, edit and publish a recodification of the permanent and general ordinances of the
City of Carlsbad; and
WHEREAS, Quality Code Publishing has updated and reformatted the
Carlsbad Municipal Code without changing any substantive provisions of the Code; and
WHEREAS, on December 1, 2015, the City Council conducted its first reading
of, and introduced, this Ordinance; and
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WHEREAS, on December 15, 2015, the City Council re-introduced and read
this Ordinance and directed the City Clerk to notice a public hearing for the Ordinance on
January 12, 2016; and
WHEREAS, notice of the public hearing was published pursuant to
Government Code section 6066 and a copy of the amended, updated and recompiled
Carlsbad Municipal Code has been on file in the office of the City Clerk at least 15 days
preceding the date of the public hearing concerning this Ordinance, and remains there on
file for public inspection; and
WHEREAS, pursuant to Government Code section 50022.3 the City Council
conducted a duly noticed public hearing on December 15, 2015, and has considered the
evidence and testimony submitted at that public hearing.
NOW, THEREFORE, the City Council of the City of Carlsbad ordains as follows
that:
SECTION 1: RECODIFICATION AND ADOPTION. Pursuant to the provisions of
Government Code Sections 50022.1 through 50022.8 and 50022.10, there is hereby
recodified and adopted the "Carlsbad Municipal Code" as revised, reformatted, indexed,
codified, compiled, updated and republished by Quality Code Publishing, together with
those secondary codes adopted by reference as authorized by the California State
Legislature, save and except those portions of the secondary codes as are deleted,
modified or amended by the provisions of the Carlsbad Municipal Code.
SECTION 2: CODIFICATION AUTHORITY. The Carlsbad Municipal Code consists of
all the regulatory, penal, and administrative ordinances of the City of Carlsbad, California,
of a general and permanent character, as originally codified pursuant to Government
Code Sections 50022.1 through 50022.8, and herein recodified and recompiled pursuant
to Government Code Section 50022.10.
SECTION 3: CONTINUATION OF EXISTING LAW. Nothing contained herein is
intended to enact any new taxes or to affect any penalty clauses contained in the existing
ordinances recodified by this action. The recodification of the Carlsbad Municipal Code is
intended by the City Council to be a continuation, without change, of existing ordinances.
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SECTION 4: EFFECT OF RECODIFICATION. The recodification and adoption of the
Carlsbad Municipal Code as specified in this Ordinance shall not affect the following
matters:
1. Actions and proceedings that began before the effective date of this
Ordinance.
2. Civil, criminal and administrative proceedings concerning ordinance violations
committed before the effective date of this Ordinance.
3. The amount of or collection of license, fee, penalty debt, forfeiture or
obligation due and unpaid as of the effective date of this Ordinance.
4. Bonds and cash deposits required to be posted, filed or deposited pursuant to
any ordinance, resolution or regulation.
SECTION 5: REFERENCES TO ORDINANCES. Any reference in matters of record to
any ordinance designated by number or otherwise, existing prior to the adoption of this
Code, shall be construed to apply to the corresponding provisions in this Code. Pursuant
to Government Code Section 50022.8, copies of this Code that have been duly certified by
the City Clerk shall be received without further proof as prima facie evidence of the
provisions of such Code in all courts and administrative tribunals of this state. Carlsbad
Municipal Code sections cited on signage within the City shall, until updated if and as
required, be deemed to be citations to the counterpart sections in the recodified Carlsbad
Municipal Code for purposes of notice and enforcement.
SECTION 6: SEVERABILITY. It is hereby declared to be the intention of the City
Council that the sections, paragraphs, sentences, clauses and phrases of this Code are
severable, and if any phrase, clause, sentence, paragraph or section of this Code is
declared unconstitutional or without effect by any final judgment or decree of a court of
competent jurisdiction, such judgment or decree shall not affect any of the remaining
phrases, clauses, sentences, paragraphs and sections of this Code.
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