Loading...
HomeMy WebLinkAboutOrdinance 072 'r rr r r rr r r r r rr rr rr T'N 3 AGENDA DATE IJ -,v143 Fr EM # � 1 ORDINANCE NO. 72 AN ORDINANCE OF THE CITY OF ATASCADERO, CALIFORNIA, ADOPTING THE ATASCADERO MUNICIPAL CODE, A CODIFICATION OF THE PERMA- NENT AND GENERAL ORDINANCES OF THE CITY OF ATASCADERO, CALIFORNIA, TOGETHER WITH THOSE SECONDARY CODES ADOPTED BY REFERENCE AS AUTHORIZED BY THE GENERAL LAWS OF THE STATE OF CALIFORNIA. The City Council of the City of Atascadero, California, does hereby ordain as follows : SSection 1. Adoption. Pursuant to authority granted by Sections 50022. 1 t -rough 50022. 10 of the Government Code of the State of California, there is hereby adopted that certain document entitled the "Atascadero Municipal Code", including the Tables thereto and the secondary codes therein adopted by reference, published by Book Publishing Company, Seattle, Washington, three (3) copies of which code, together with (3) copies of each secondary code, have been filed and are on file for public inspection in the office of the city clerk. Section 2. Certain ordinances and provisions to remain in effect. Those certain ordinances of the City of Atascadero ' which are listed in Tables 3 and 4 of the Atascadero Munici- pal Code shall not be repealed but shall remain in full force and effect. ' Section 3. Ordinances passed prior to adoption of the code. The last ordinance included in this code was Ordinance 56 , passed 7-12-83 . The following ordinances, passed subsequent to Ordinance 56 , but prior to adoption of this code, are hereby adopted and made a part of this code: Ordinances 57, 58, 59, 60, 61, 62 , 63, 64 , 65, 66,67, 68, 69, 70 and 71. s 'o and obligations. Section 4. Effect of code on past actions g Neither the adoption of this code nor the repeal or amend- ments hereby of any ordinance or part or portion of any ordi- nance of the county shall in any manner affect the prosecu- tion for violations of ordinances, which violations were committed prior to the effective date hereof, nor be con- strued as a waiver of any license, fee, or penalty at said effective date due and unpaid under such ordinances, nor be construed as affecting any of the provisions of such ordi- nances relating to the collection of any such license, fee, or penalty, or the penal provisions applicable to any viola- tion thereof, nor to affect the validity of any bond or cash deposit in lieu thereof required to be posted, filed or de- posited pursuant to any ordinance and all rights and obliga- tions thereunder appertaining shall continue in full force and effect. 1 r rr rr r■� �r ■r rr r rr rr r Section 5, Constitutionality. If any section, subsection, ' sentence, clause or phrase of this code is for any reason held to. be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this code. The council hereby declares that it would have passed this code, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences , clauses or phrases had been declared invalid or unconstitutional, and if for any reason this code should be declared invalid or unconsti- tutional, then the original ordinance or ordinances shall be in full force and effect. Section 6. Violations of code provisions : Penalties. It shall be unlawful for any person to violate any provisions or to fail to comply with any of the requirements of the Atascadero Municipal Code or the provisions of any Code adopted by reference by said Code. Any person violating any of such 'provisions or failing to comply with any of the man- datory requirements of the Atascadero Municipal Code shall be guilty of a misdemeanor or an infraction as designated by, and provided for, in Sections 16, 17, 19c and 19d of the Penal Code of the State of California and as expressly speci- fied in Sections 40000 .1 et seq. of the Vehicle Code of the State of California. Each such person shall be guilty of a 1 separate offense for each and every day during any portion of which any violation of any provision of the Atascadero Municipal Code, or the provisions of any Code adopted by reference by said Code, is committed, continued, or permitted Lby such person and shall be punishable accordingly. Any person convicted of a -misdemeanor under the provisions of the Atascadero Municipal Code shall be punishable by a fine of not more than Five Hundred and no/100ths ($500. 00) Dollars, or by imprisonment in the County Jail for a period not exceeding six (6) months, or by both such fine and impri- sonment. Any person convicted of an infraction under the provisions of the Atascadero Municipal Code shall be punishable for a first conviction by a fine of not more than Fifty and no/100ths ($50 .00) Dollars, for a second conviction within a period of one (1) year by a fine of not more than One Hundred no/100ths ($100.00) Dollars, for a third or any sub- sequent conviction within a period of one (1) year by a fine of not more than Two Hundred Fifty and no/100ths ($250.00) Dollars. In addition to the penalties provided by this section, any condition caused or permitted to exist in violation of any of the provisions of the Atascadero Municipal Code, or the provisions of any Code adopted by reference by said Code, or any subdivision, building, wiring, plumbing, or other -2 similar activity in violation of the provisions of said Code shall be deemed a public nuisance and may be summarily abated by the City in a civil action, and each day such condition continues shall be a new a separate offense. Section 7. Repealer. Except as otherwise provided in this ordinance, and in the provisions of the Atascadero Municipal Code adopted hereby, and Tables 3 and 4 included therein, all ' other laws and ordinances of the City of Atascadero are hereby repealed on the effective date of this ordinance, in- cluding all of the provisions of the San Luis Obispo County Code not reserved by the provisions of Tables 3 and 4. Section 8. Publication. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general cir- culation, ,printed, published, and circulated in the City in accordance with Section 36933 of the Government Code, shall certify the adopting and posting of this ordinance and shall cause this ordinance and this certification together with proof of posting to be entered into the Book of Ordinances of this City. Section 9. Effective Date. This ordinance shall go into effect and be in full force and effect at 12 : 01 a.m. on the 31st day 1 after its passage. The foregoing ordinance was introduced on November 14 , 1983 and adopted at a regular meeting of the Council on Nov. 28 , 1983- AYES: Councilmen Molina, Nelson, Stover, Wilkins and Mayor Mackey NOES: None ABSENT: None I 2, MAE R. MACKEY, Mayor ATTEST: PATSY' HESTER, Deputy City Clerk APPROVED AS TO ORM: APPROVED AS TO CONTENT: ru�Xe J ALLEN GRIMES, City Attorney MU RAY T-7TARDEN, City Man ger -3- CERTIFICATION Z I, PATSY A. HESTER, Deputy City Clerk of the City of Atascadero, hereby certify that the foregoing is a true and correct copy of Ordinance No. 72 adopted by the Atascadero City Council at a regular meeting thereof held on November 28 , 1983 Dated: November 29, 1983 PATSY A. HESTER, Deputy City Clerk City of Atascadero, California i 1 i I