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HomeMy WebLinkAbout73-46 Adopting and Enacting A Municipal Code of the City of Costa MesaORDINANCE NO. AN ORDINANCE ADOPTING AND ENACTING A MUNICIPAL CODE OF THE CITY OF COSTA MESA, CALIFORNIA; ESTABLISHING THE SAME; PRO- VIDING FOR THE REPEAL OF CERTAIN ORDINANCES; PROVIDING FOR THE EFFECTIVE DATE OF SUCH CODE AND A PENALTY FOR THE VIO- LATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFEC- TIVE. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That the Municipal Code, consisting of Titles 1 to 17, each inclusive is hereby adopted as the "Costa Mesa Municipal Code" and shall be treated and considered as a new and original comprehensive ordinance which shall repeal all inconsistent ordinances passed by the City Council on or before Feb- ruary 5, 1973. SECTION 2. That all provisions of such Code shall be in full force and effect from and after the 6th day of February, 1974, and all ordinances in conflict with the provisions of this Code enacted on final passage on or before February 5, 1973 are hereby repealed from and after the 5th day of February, 1973. The repeal provided for in this section shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance which is repealed by this ordinance. SECTION 3. Whenever in such Code or in any other ordinance of the City, any act is prohibited or is made or declared to be unlawful, or an offense, or the doing of any act is required or the failure to do any act is declared to be unlawful, or a misdemeanor, where no specific penalty is provided, the violation of any such provision of such Code or any other ordinance of the City shall be punishable by a fine not exceeding five hundred dollars, ($500.00), or imprisonment for a term not exceeding six, (6) months, or by both such fine and imprisonment. Every day any violation of such Code or any other ordinance of the City shall continue, shall constitute a separate offense. SECTION 4. Any and all additions or amendments to such Code when passed in such form as to indicate the intention of the City Council to make the same a part thereof, shall be deemed to be incorporated in such Code so that reference to the "Costa Mesa Municipal Code" shall be understood and intended to include such add- itions and amendments. SECTION 5. A copy of such Code shall be kept on file in the office of the City Clerk, preserved in looseleaf form, or in such other form as the City Clerk may consider most expedient. It shall be the express duty of the City Clerk, or someone authorized by her, to insert in their proper places all amendments or ord- inances which indicate the intention of the City Council to make the same a part of such Code when the same have been printed or reprinted in page form, and to extract from such Code all provisions which may be from time to time repealed by the City Council. This copy of such Code shall be available for all persons desiring to examine the same and shall be considered the official Municipal Code of Costa Mesa and any copy of such Code certified by the City Clerk shall be the official Municipal Code of Costa Mesa at the date of such certification. SECTION 6. In case of the amendment of any section of such Code for which a penalty is not provided, the general penalty as provided in Section 3 of this ordinance and Section 1-33 of such Code shall apply to the section as amended. In case such amendment contains provisions for which a penalty other than the afore- mentioned general penalty is provided in another section in the same title, the penalty so provided in such other section shall be held to relate to the section so amended, unless such penalty is specifically repealed therein. SECTION 7. It shall be unlawful for any person, firm or corporation in the City to change or amend by additions or deletions, any part or portion of such Code, or to insert pages, or portions thereof, or to alter or tamper with such Code in any manner whatsoever which will cause the law of the City of Costa Mesa to be misrepresented thereby. Any person, firm or corporation violating this section shall be punished as provided in Section 3 of this ordinance and Section 1-33 of such Code. SECTION S. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed as of the effective date of this ordinance, but shall remain in full force and effect until such date. 1974 SECTION 9. This ordinance shall become effective on the 6th day of February, SECTION 10. The City Clerk shall certify to the adoption of this ordinance and shall, within fifteen (15) days after passage and adoption thereof, cause the same to be published once in the Orange Coast Daily Pilot, a newspaper of general circulation, published and circulated in the said City of Costa Mesa. PASSED AND ADOPTED THIS 7th day of January, 1974. (4�� Mayor of the City of Costa Mesa ATTEST: (-Dl -City Clerk of the CiLL ty of Cost Mesa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF COSTA MESA ) I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Ordinance Number3 1, was introduced and considered section by section at a regular meeting of said City Council on the 17th day of December, 1973, and thereafter passed and adopted as a whole at a regular meeting of said City Council held on the 7th day of January, 1974, by the following roll call vote: AYES COUNCILMEN: NOES COUNCILMEN: ABSENT COUNCILMEN: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Costa Mesa this 8th day of January, 1974. p rnei City Clerk and ex -officio Clerk the City Council of the City of Cas Mesa COSTA MESA MUNICIPAL CODE GENERAL ORDINANCES OF THE CITY Adopted, U Effective, j,e l PUBLISHED BY ORDER OF THE CITY COUNCIL MUNICIPAL CODE CORPORATION Tallahassee, Florida Copyright 1973 Municipal Code Corporation Tallahassee, Florida OFFICIALS OF THE CITY OF COSTA MESA, CALIFORNIA AT THE TIME OF THIS CODIFICATION Mayor Councilmen City Clerk City Attorney � T City Manager PREFACE The Costa Mesa Municipal Code is a complete codification of the ordinances of a general and permanent nature enacted by the Council. As expressed in the Adopting ordinance, this Code repeals all ordinances inconsistant herewith. The Code contains only ordinances of a general and permanent nature prescribed for and affecting the public as a whole. Special ordinances or ordi- nances dealing with only a portion of the inhabitants of the City, rather than all of them, or relating to special purposes, such as Brdinances levying special assessments, providing for bond issues, vacating streets, etc., are not included herein. The titles of the Code have been conveniently arranged in alphabetical order and the various sections within each title have been appropriately catchlined to facilitate usage. Foot- notes which tie related sections of the Code together and which refer to relevant state laws have been included. The source of each section is cited in parentheses following the section. The absence of such a citation indicates that the section is new and was adopted for the first time with the adoption of the Code. The numbering system used in this Code is the same system used in many state and municipal codes. Each section number consists of two component parts separated by a dash, the figure before the dash referring to the title number and the figure after the dash referring to the position of the section within the title. Thus, the first section of Title 1 is numbered 1-1 and the fourteenth section of Title 1 is numbered 7-14. Under this system, each section is idnetified with its title and, at the same time, new sections may be inserted in their proper places by using the decimal system for amendments. By way of illustration, if new material consisting of three section that would logically come between Sections 4-4 and 4-5 is to be added, the new sections would be numbered 4-4.1, 4-4.2 and 4-4.3. New titles may be included by the addition of a fraction after the title number. Thus, if the new material is to be included be- tween Titles 12 and 13, it will be designated as Title 12 1/2. Care should be taken that the alphabetical arrangement of titles is maintained when including new titles. New chapters and articles may be included in the same way, or in the case of chapters, may be placed at the end of the title embracing the subject, and, in the case of articles may be placed at the end of the chapter embracing the subject, the next successive number being assigned to the chapter or article. A special feature of this Code is the looseleaf system of binding and supplemental servicing. With this looseleaf system, the Code will be kept up-to-date periodically. Upon the final passage of amendatory ordinances, they will be properly edited and the page or pages affected will be reprinted. These new pages will be distributed to the holders of the volumes, with instructions for the manner of inserting the new pages and deleting the obsolete pages. Each such amendment when incor- porated into the Code, may be cited as a part thereof as pro- vided in Section 4 of the Adopting Ordinance. The successful maintenance of this Code up-to-date at all times will depend largely upon the holder of the volumes. As revised sheets are received it will become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the pub- lishers that all such amendments be inserted immediately upon receipt to avoid misplacing them, and that all deleted pages be saved and filed for historical reference. The general index to the Code has been prepared with the greatest of care. Each item has been placed under several headings, some of the headings being couched in lay phraseology, others in legal terminology, and still others in language gen- erally used by city officials and employees. There are numerous cross references within the index which stand as guideposts to direct the user to the particular item in which he is interested. The publication of this Code was under the direct super- vision of George R. Langford, President, and C. Julian Manson, Code Editor -in -Chief of the Municipal Code Corporation, Tallahas- see. Florida. This Code is presented for the use and benefit of the citizens of the City of Costa Mesa, California. MUNICIPAL CODE CORPORATION Tallahassee, Florida STATE OF CALIFORNIA) COUNTY OF ORANGE ) SS. CITY OF COSTA MESA) 1 am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the ORANGE COAST DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange, State of Col. ifornia, and 1 certify that ORDINANCE NUMBER 73-46 of which the copy attached hereto is a hue and complete copy, was printed and published in the regular issue(s) of said newspaper on January 12, 1974 1 declare, under penalty of perjury, that the foregoing I. true and correct. Executed on January 12 at Costa Mesa, California. 4 197— STATE OF CALIFORNIA) COUNTY OF ORANGE ) SS. CITY OF COSTA MESA) I, EILEEN P. PHINNEY, City Clerk of the City of Costa Mesa and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that Ordinance No. 73-46 was Introduced and con- sidered, section by section, at a regular meeting of the City Council of the City of Costa Mesa, held on the 1.7th day of — December 197 3 and thereafter passed and adopted as a whole at a regular meeting of said City Council held on the 7th day o1 January 1974 by the following roll -call vote: AYES: COUNCILMEN. Hammett, Jordan, Pinkley, Wilson, Raciti NOES: COUNCILMEN - None ABSENT: CWNCILMEN None I FURTHER CERTIFY that said Ordinance No. 73-46 was published in the ORANGE COAST DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, on the 12th day of January 197 4 City Clerk and ex -officio Clerk of the City uncil of the City of Costa Mesa PUBLIC NOTICE