Alameda Municipal Code § 1-4 General Code Provisions

The provisions appearing in this Code, so far as they are the same as those of ordinances existing at the time of the effective date of this Code, shall be considered as continuations thereof insofar as they apply to conditions existing prior to the effective date of this Code.

The catchlines of several sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the section or subsection and shall not be deemed or taken to be titles of such sections, nor as any part of the section or subsection, unless otherwise expressly provided, nor, unless expressly so provided, shall they be so deemed when any of such sections or subsections, including the catchlines, are amended or reenacted.

The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect.

The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding for violation of the ordinance pending at the time of the repeal.

Except as otherwise provided in this Code, it is hereby declared to be the intention of the City Council that the sections, subsections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph, subsection or section of this Code shall be declared unconstitutional, invalid or unenforceable by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality, invalidity or unenforceability shall not affect any of the remaining phrases, clauses, sentences, paragraphs, subsections and sections of this Code.

(Ord. No. 535 N.S. § 1-213; Ord. No. 2533 N.S.)

All ordinances passed subsequent to this Code which amend, repeal or in any way affect this Code, may be numbered in accordance with the numbering system of this Code and printed for inclusion herein. When subsequent ordinances repeal any chapter, section or subsection or any portion thereof, such repealed portions may be excluded from the Code by omission from reprinted pages. The subsequent ordinances as numbered and printed, or omitted in the case of repeal, shall be prima facie evidence of such subsequent ordinances until such time that this Code and subsequent ordinances numbered or omitted are readopted as a new Code by the City Council.

Amendments to any of the provisions of this Code may be made by amending such provisions by specific reference to the section number of this Code in the following language: "That section....... of Title........, and Chapter........ of the Code of the City of Alameda is hereby amended to read as follows:......." The new provisions shall then be set out in full as desired.

In the event a new section not heretofore existing in the Code is to be added, the following language may be used: "That the Code of the City of Alameda is hereby amended by adding a section, to be numbered.........., which section reads as follows:......" The new section shall then be set out in full as desired.

All subsections, sections, chapters or provisions desired to be repealed must be specifically repealed by subsection, section or chapter number, with reference to the subject matter, as the case may be.

The City Clerk shall prepare copies of such changes in the Code for insertion in the looseleaf copies thereof. Every section of the Code so changed shall have printed thereon a notation of the ordinance number pursuant to which such change is adopted.

At least once yearly, the City Clerk shall cause the loose-leaf pages of said Code in which changes have been made, to be reprinted, including the notation as to the ordinance number pursuant to which such change is adopted, in order that at least once yearly the loose-leaf copies of such 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 shall be effective and enforceable within the property owned by the United States Government which fronts on Atlantic Avenue and is otherwise bounded by the easterly line of the railroad right-of-way adjacent to Main Street, the easterly line and the easterly line extended of Fifth Street, and a line approximately one thousand two hundred forty (1,240′) feet northerly of Atlantic Avenue.

(Ord. No. 1109 N.S.; Ord. No. 1488 N.S.)

It shall be unlawful for any person to change or amend by additions or deletions, any part or portion of this Code or to insert or delete 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 Alameda to be misrepresented thereby.

Not less than one (1) copy of this Code shall be filed for use and examination by the public in the office of the City Clerk. At least one (1) copy duly certified to by the City Clerk shall be permanently bound and maintained on file in the City Clerk's office.

Certain actions, decisions, determinations and/or requirements set forth in the Alameda Municipal Code may be appealed. Any reference in this Municipal Code to an appeal shall be deemed to include the right of the City Council or any member of the City Council to call for review of the action, decision, determination and/or requirement. The call for review must be filed within the same time period as the appeal.

(Ord. No. 2809 N.S. § 1)