Adelanto Municipal Code Ch. 1.01 Code Adopted

The City Council finds that it is desirable and in the public interest to establish a Municipal Code in order to provide a scheme of organization for the classification and grouping of ordinances which the Council may adopt. The Council intends to adopt ordinances of a general and permanent nature to provide for their placement in accordance with the scheme of the Code. This will provide the user with a convenient and logical compilation of the ordinances of the City.

This Code shall be known as the “City of Adelanto Municipal Code.” It shall be sufficient to refer to this Code as the City of Adelanto Municipal Code in any prosecution for the violation of any provision of this Code. It shall also be sufficient to designate any ordinance adding to, amending, correcting or repealing provisions of this Code as an addition or amendment to, or a repeal of, the City of Adelanto Municipal Code, or a portion thereof.

The City of Adelanto Municipal Code shall consist of all ordinances adopted by the City Council which are of a general and permanent nature. An ordinance relating to any of the following subject matters is not considered an ordinance of a general and permanent nature and need not be included within the Municipal Code:

The naming of streets or roads;

Granting, altering or withdrawing franchises;

Levying real property tax;

Calling an election;

Annexation proceedings;

Interim zoning measure;

Zoning or rezoning a particular parcel of property;

Such other ordinances of a special or particular subject matter which the Council considers are not appropriate to a general compilation of laws of a general and permanent nature.

Other ordinances adopted by the City Council on or before the date of adoption of this Municipal Code or Title thereof, are not included as part of the Municipal Code or that Title so adopted; and any future amendments to said other ordinances will not be included as part of the Municipal Code unless otherwise expressly stated in said future amendments.

A. The ordinances of the City which are of a general and permanent nature shall be organized and grouped according to subject matter.

B. Ordinances which are adopted from time to time shall be classified and organized under the following scheme of titles:

• 1. General Provisions
• 2. Administration and Personnel
• 3. Revenue and Finance
• 4. (Reserved)
• 5. Business Licensing and Regulations
• 6. (Reserved)
• 7. Animals
• 8. Health and Sanitation
• 9. Peace, Safety and Morals
• 10. Vehicles and Traffic
• 11. (Reserved)
• 12. (Reserved)
• 13. Streets, Sidewalks and Public Utilities
• 14. Buildings and Construction
• 15. (Reserved)
• 16. Subdivisions
• 17. Zoning and Development

At least three (3) copies of this Code, duly certified by the City Clerk, shall be maintained on file in the office of the City Clerk as official copies of this Code. Additional copies of this Code shall be distributed to the departments of the City as shall be prescribed by the City Manager.

Duly certified copies of each ordinance making a change in this Code shall be filed in the office of the City Clerk in books for such purpose, duly indexed for ready reference.

At least semiannually, the City Clerk shall cause the loose leaf pages of this Code in which changes have been made to be reproduced, including a notation as to the ordinance number and the date, pursuant to which such change is adopted. Such reprinted pages shall be distributed in order that the loose leaf copies of this Code, prepared for the use and convenience of the officers and employees of the City and the general public, may be brought up to date.

The provisions of this Code and all proceedings under it are to be construed to effect its objects and to promote justice.

All the provisions of this Code and all other City ordinances shall be interpreted to refer to the appropriate or designated officer or office of the City, and whether an ordinance, uniform code, statute or other matter which is adopted by reference refers to any department, officer, employee, inspection, police or other function, unless the context requires otherwise, all references shall be to the appropriate or designated office, officer, department, agency, employee or function of the City, or to the person or agency performing the function for the City.

Neither the adoption of this Code nor the repeal or amendment by this Code of any ordinance or part or portion of any ordinance previously in effect in the City or within the territory currently comprising the City, shall in any manner affect the prosecution for the violation of any ordinance, which violation was committed prior to the effective date of this Code, nor be construed as a waiver of any license, fee or penalty on such effective date due and unpaid under such ordinances, nor be construed as affecting any of the provisions of such ordinances relating to the collection of any such license, fee or penalty or the penal provisions applicable to any violation of such ordinances, nor to affect the validity of any bond or cash deposit required to be posted, filed or deposited pursuant to any ordinance; and all vested rights and obligations pertaining to such ordinances shall continue in full force and effect. The repeal of an ordinance shall not repeal the repealing clause of such ordinance or revive any ordinance which has been repealed thereby.

No action or proceeding commenced before this Code takes effect, and no right accrued, is affected by the provisions of this Code or by such repeal, but such rights shall hereafter be exercised according to this Code.

If any Chapter, Section, Subsection, sentence, clause, phrase or portion of this Code is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. The City 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 the Code should be declared invalid or unconstitutional, then the original ordinance or ordinances shall be in full force and effect.

This Code shall refer only to the omission or commission of acts within the territorial limits of the City of Adelanto and that territory outside of the City over which the City has jurisdiction or control by virtue of the Constitution, or any law, or by reason of ownership or control of property.

All references in this Code to places, acts, persons or things and all else in relation to this Code shall be construed to mean that the same are applicable to this City, whether the City is mentioned in each particular Section or not. Portions of this Code have been adopted from or relate to the same subject as is set forth in the San Bernardino County Code. To the extent that any Section, Subsection, sentence, clause or phrase of this Code is in conflict with the San Bernardino County Code provisions so adopted, the later-adopted portion of this Code shall control and shall take precedence over the inconsistent portions of the San Bernardino County Code.

Unless the provisions of this Code otherwise specifically provide or the context of this Code indicates to the contrary, the general provisions, rules of construction and definitions set forth in the following Sections of this Chapter shall govern the construction of this Code. The provisions of this Code, and all proceedings under it, are to be construed with a view to effect their objects and to promote justice.

The title, chapter, article, and section headings contained in this Code shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning or intent or the provisions of any title, chapter, article or section of this Code.

“Section” shall mean a section of this Code, unless some other source is specifically set forth. “Subsection” shall mean a subsection of the section in which the term occurs, unless some other section is expressly set forth.

Whenever a power is granted to, or a duty is imposed upon, a public officer or employee, the power may be exercised or the duty may be performed by a deputy or such officer or employee or by a person otherwise duly authorized pursuant to law or ordinance, unless this Code expressly provides otherwise.

“Writing” includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement or record is required or authorized by this Code, such notice, report, statement or record shall be made in writing in the English language, unless this Code expressly provides otherwise.

Whenever any reference in this Code is made to an ordinance, the reference shall apply to such ordinance of the City, unless this Code expressly provides otherwise. Whenever any reference is made to any portion of this Code or to any ordinance of this City, the reference shall apply to all amendments, corrections and additions heretofore, now or hereafter added to this Code.

When a limitation or period of time prescribed in any existing ordinance or statute for acquiring a right or barring a remedy, or for any other purpose, has begun to run before this Code goes into effect, the time which has already run shall be deemed a part of the time prescribed as such limitation.