HomeMy WebLinkAbout2015-12-01; City Council; 22155; Ordinance CS-289 Updating, Recodifying, Adopting Municipal CodeCITY OF CARLSBAD-AGENDA BILL
AB# 22 155 INTRODUCE ORDINANCE NOCS-289UPDATING, DEPT. DIRECTOR
RECODIFYING AND ADOPTING THE CARLSBAD MUNICIPAL ~-DATE 12/1/15 CITYATIY. A .::--~
CODE AS THE CODE OF ORDINANCES FOR THE CITY OF fJ() DEPT. CA CARLSBAD CITY MGR.
RECOMMENDED ACTION:
Introduce Ordinance No. CS-289updating, recodifying and adopting the Carlsbad Municipal Code as the
code of ordinances for the City of Carlsbad and direct the City Clerk to set a public hearing for
12/15/15 for adoption.
ITEM EXPLANATION:
The Carlsbad Municipal Code was originally adopted in 1971. Although the municipal code has been
supplemented and individual sections have been amended over the years, it has not been recompiled
and recodified since its original adoption. On June 10, 2015, the city entered into a contract with a new
publisher, Quality Code Publishing, to prepare a comprehensive review of the Carlsbad Municipal Code
and to prepare an updated, recompiled code of ordinances.
Quality Code has completed its review and recompiled the ordinances. The recodification is not
intended to and does not change the substantive provisions of the Code; rather, it reformats and
updates the Code in a user-friendly manner. Once the revised code has been adopted, city staff will
work with Quality Code on a more comprehensive review of the code and will return with
recommendations for content revisions as necessary. Adopting the updated, recodified code before
making more comprehensive amendments to the code will prevent any delay in republishing the
updated code while each section is reviewed.
The editorial changes included in the updated, recompiled code include:
• Making the code gender neutral;
• Instituting a consistent system for outline numbering of individual code sections;
• Numbers from one through nine will be written out, numbers 10 and greater will use numerals
only;
• Ordinance history notes will be tied to code sections and placed at the end of the section;
• The printed code will be reformatted to a single column using Arial font; and
• The updated code includes a comprehensive ordinance disposition table.
Title 21 of the Carlsbad Municipal Code was not included in the editorial review process since Title 21 is
undergoing a major revision as a result of the approval of the General Plan.
DEPARTMENT CONTACT: City Attorney 760-434-2891 Attorney@carlsbadca.gov
FOR CLERK USE. ~ COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC D
DENIED D CONTINUED TO DATE UNKNOWN D
CONTINUED D RETURNED TO STAFF D
WITHDRAWN D OTHER-SEE MINUTES D
AMENDED D REPORT RECEIVED D
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The proposed ordinance adopts the updated, recodified code as the Carlsbad Municipal Code. A
complete copy of the Ordinance and Municipal Code being considered for adoption along with any
secondary codes adopted by reference are available on the City's website and in the Office of the City
Clerk at City Hall.
FISCAL IMPACT:
There is no fiscal impact associated with this recommendation. The funds for this recodification project
have already been appropriated and included in the City Clerk's budget.
ENVIRONMENTAL IMPACT:
The requested action is not a "project" within the definition of California Code of Regulations, Title 14,
Chapter 3, section 15378(a) since the action has no potential for resulting in either a direct change in the
environment or a reasonably foreseeable indirect change in the environment.
EXHIBITS:
1. Ordinance No. CS-289
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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 ____ _, 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.
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.
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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 ofthis Code.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
2 adoption; and the city clerk shall certify the adoption of this ordinance and cause the full text
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of the ordinance or a summary of the ordinance prepared by the City Attorney to be
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5 published at least once in a newspaper of general circulation in the City of Carlsbad within
6 fifteen days after its adoption.
7 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
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Council on the __ day of ______ , 2015, and thereafter
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of
11 Carlsbad on the __ day of _____ , 2015, by the following vote, to wit:
12 AYES:
13 NOES:
14 ABSENT:
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18 APPROVED AS TO FORM AND LEGALITY:
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21 CELIA A. BREWER, City Attorney
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23 MATI HALL, Mayor
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ATIEST:
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27 BARBARA ENGLESON, City Clerk
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