Atwater Municipal Code Ch. 1.01 Adoption of Atwater Municipal Code

Pursuant to the provisions of Section 50022.1-50022.8 and 50022.10 of the Government Code, there is hereby adopted the "Atwater Municipal Code" as published in 1984 by Book Publishing Company, Seattle, Washington, 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 or modified by the provisions of the "Atwater Municipal Code." and as amended and/or modified by the City of Atwater.

(Ord. CS 574, 1984; Ord. CS 762, Amended, 06-08-1998)

This Code shall be known as the "Atwater Municipal Code" and it shall be sufficient to refer to said Code as the "Atwater Municipal Code" in any prosecution for the violation of any provision thereof or in any proceeding at law or equity. It shall be sufficient to designate any ordinance adding to, amending, correcting or repealing all or any part or portion thereof as an addition to, amendment to, correction or repeal of the "Atwater Municipal Code." Further reference may be had to the titles, chapters, sections and subsections of the "Atwater Municipal Code" and such reference shall apply to that numbered title, chapter, section or subsection as it appears in the Code.

(Ord. CS 574, 1984)

This Code consists of all the regulatory and penal ordinances and certain of the administrative ordinances of the City of Atwater, California, codified pursuant to the provisions of Sections 50022.1-50022.8 and 50022.10 of the Government Code.

(Ord. CS 574, 1984)

The last ordinance included in this Code was Ordinance No. CS 421, passed November 26, 1979. The following ordinances, passed subsequent to Ordinance No. CS 421, but prior to adoption of this Code, are hereby adopted and made a part of this Code: Ordinances No. CS 422, CS 423, CS 424, CS 425, CS 426, CS 427, CS 428, CS 429, CS 430, CS 431, CS 432, CS 433, CS 434, CS 435, CS 436, CS 437, CS 439, CS 450, CS 451, CS 454, CS 456.

(Ord. CS 574, 1984)

Whenever a reference is made to this Code as the "Atwater Municipal Code" or to any portion thereof, or to any ordinance of the City of Atwater, California, the reference shall apply to all amendments, corrections and additions heretofore, now or hereafter made.

(Ord. CS 574, 1984)

Title, chapter and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any title, chapter or section hereof.

(Ord. CS 574, 1984)

The provisions of this Code shall not in any manner affect matters of record which refer to, or are otherwise connected with ordinances which are therein specifically designated by number or otherwise and which are included within the Code, but such reference shall be construed to apply to the corresponding provisions contained within this Code.

(Ord. CS 574, 1984)

Neither the adoption of this Code nor the repeal or amendment hereby of any ordinance or part or portion of any ordinance of the City of Atwater shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date, hereof, nor be construed 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 ordinances relating to the collection of any such license, fee, or penalty, or the penal validity of any bond or cash deposit in lieu thereof required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect.

(Ord. CS 574, 1984)

This Code shall become effective on the date the ordinance adopting this Code as the "Atwater Municipal Code" shall become effective.

(Ord. CS 574, 1984)

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 unconstitutional, then the original ordinance or ordinances shall be in full force and effect.

(Ord. CS 574, 1984)

A violation of this code, including any continuing violation of this code, is hereby declared to be a public nuisance. The city may elect to pursue any remedies for nuisance abatement as provided within this code or under any applicable state or federal law, including criminal prosecution as set forth in this section. The remedies, procedures and penalties provided by this municipal code are cumulative to each other and to any others available under state law or other city ordinances. The imposition of a remedy shall not preclude the city manager or his/her designee from seeking all other remedial penalties available under the Atwater Municipal Code. Any violation of this code may be prosecuted as a criminal offense. Unless specifically designated otherwise, an infraction shall be punishable by a fine of not to exceed $500.00. Unless otherwise provided, a misdemeanor shall be punishable by a fine not to exceed $1,000.00, imprisonment not to exceed six months, or both. Any conviction for violation of Section 2.08.320 of the Atwater Municipal Code shall constitute a misdemeanor and be punishable by a fine of not more than $1,000.00 and/or by imprisonment of not more than one year. A violation of any provision of this code may be an infraction when the code specifies as such or when the prosecutor files a complaint charging the offense as an infraction or reduces the charge to an infraction.

(Ord. CS 574, 1984; Ord. CS 766, 11-10-1998; Ord. CS 866, 1-23-2006; Ord. CS 1039, § 2, 10-11-2021)