Bradbury Municipal Code Ch. 1 Code Adoption

The provisions embraced in the following titles, chapters, and sections shall constitute and be designated "The Code of the City of Bradbury, California," and may be so cited. This Code shall also be known as the "Bradbury Municipal Code" and it shall be sufficient to refer to said Code as the "Bradbury 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 "Bradbury Municipal Code." Further, reference may be had to the titles, chapters, sections and subsections of the "Bradbury Municipal Code" and such reference shall apply to that numbered title, chapter, section or subsection as it appears in the Code.

(Prior Code, § 1101)

This Code consists of all of the regulatory and penal ordinances and certain administrative ordinances of the City of Bradbury, codified pursuant to the provisions of Government Code § 50022.1 et seq.

(Prior Code, § 1102)

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

(Prior Code, § 1103)

The provisions of this Code and all proceedings under it are to be construed with a view to affect its objects and to promote justice.

(Prior Code, § 1104)

The repeal of an ordinance shall not repeal the repealing clause of such ordinance or revive any ordinance which has been repealed thereby.

(Prior Code, § 1105)

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.

(Prior Code, § 1106)

(a) The history notes appearing in parentheses after sections of this Code are not intended to have any legal effect, but are merely intended to indicate the source of matter contained in the section.

(b) References and editor's notes following certain sections are inserted as an aid and guide to the reader and are not controlling or meant to have any legal effect.

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.

(Prior Code, § 1107)

Neither the adoption of this Code nor the repeal or amendment hereby of any ordinance or any part of any ordinance of the City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date of the ordinance codified in this chapter, nor be construed as a waiver of any license, fee or penalty at said effective date due and unpaid under such ordinance, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license, fee or penalty, or the penalty provisions applicable to any violation thereof, nor to affect the 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.

(Prior Code, § 1108)

This Code shall become effective on the date the ordinance codified herein adopting this Code as the "Bradbury Municipal Code" shall become effective.

(Prior Code, § 1109)

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 declares that it would have passed this Code, and each section, subsection, sentence, clause or 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 shall be in full force and effect.

(Prior Code, § 1110)

The provisions appearing in this Code, so far as they are the same in substance as those of ordinances existing at the time of the effective date of this Code, shall be considered as continuations thereof and not as new enactments.

(a) Each bill which proposes an ordinance to repeal, amend or add to any portion of this Code and each bill which proposes an ordinance of a general and permanent nature suitable for inclusion in this Code, though constituting new subject matter not therein contained, shall be drafted so as to specify the specific section numbers, subsections, etc., of this Code which are to be repealed or amended and, with respect to additions and to new subject matter, so as to provide appropriate chapter, article, section, etc., numbers therefor and each amendment of and addition to this Code shall be set out in full and appropriate chapter and article headings and section catchlines shall be included.

(b) Upon the adoption of an ordinance to repeal, amend or add to any portion of this Code or to include new subject matter in this Code, the City Clerk shall separate the several chapters, articles, sections, etc., of such ordinance and enter them in their proper places in each file copy of this Code and shall remove therefrom any portion so repealed or amended and in the margin of each insertion in the file copies of this Code the City Clerk shall note and initial the date of passage, effective date and number of the amending or repealing ordinance.

(c) Items removed from the file copies of this Code pursuant to Subsection (b) of this section shall be maintained by the City Clerk in a reasonably accessible manner. The volume in which such repealed and amended items are to be included shall be known as the "Record of Repealed and Amended Portions of the Code of Bradbury, California, " the purpose of which is to enable the City Council and other persons interested to ascertain the statutes of this Code at any given time in the past.

(a) By contract or by city personnel, supplements to this Code shall be prepared and printed whenever authorized or directed by the City. A supplement to the Code shall include all substantive permanent and general parts of ordinances passed by the City Council or adopted by initiative and referendum during the period covered by the supplement and all changes made thereby in the Code during that period. The pages of a supplement shall be so numbered that they will fit properly into the Code and will, where necessary, replace pages that have become obsolete or partially obsolete, and the new pages shall be so prepared that, when they have been inserted, the Code will be current through the date of the adoption of the latest ordinance included in the supplement.

(b) In preparing a supplement to this Code, all portions of the Code that have been repealed shall be excluded from the Code by the omission thereof from reprinted pages.

(c) When preparing a supplement to this Code, the codifier (meaning the person, agency or organization authorized to prepare the supplement) may make formal, non-substantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified Code. For example, the codifier may:

(1) Organize the ordinance material into appropriate subdivisions;

(2) Provide appropriate section headings and titles for sections and other subdivisions of the Code printed in the supplement and make changes in section headings, titles for sections and headings for other subdivisions of the Code;

(3) Assign appropriate numbers to sections and other subdivisions to be inserted in the Code and, where necessary to accommodate new material, change existing section or other subdivision numbers;

(4) Change the term "this ordinance" or terms of the same meaning to "this title," "this chapter," "this article," etc., as the case may be, or to "sections _____ through _____." The inserted section numbers will indicate the sections of the Code which embody the substantive sections of the ordinance incorporated into the Code; and

(5) Make other nonsubstantive changes necessary to preserve the original meaning of ordinance sections inserted into the Code; but in no case shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the Code.

It shall be unlawful for any person in the City 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 except pursuant to ordinance or other official act of the City Council which will cause the law of the City to be misrepresented thereby. Any person violating this section shall be punished as provided in Section 1.03.010.

(a) Unless otherwise provided for, all rates, charges, or fees necessary for the administration and enforcement of the provisions of this Code shall be as currently established or as hereafter adopted by motion, resolution or ordinance of the City Council, from time to time. Any rates, charges, or fees established by the City pursuant to the regulations or requirements established herein may be changed from time to time by the City Council, and such changes shall both be considered an amendment to this Code.

(b) Whenever any provision of this Code provides that a rate, charge, or fee shall be established by the City Council, from time to time, and the amount of such rate, charge, or fee is not expressed in this Code in any dollar amount, then the amount of such rate, charge, or fee shall be the most recent and latest amount established, set or fixed by the City Council by ordinance, resolution or motion.

(a) Nothing in this Code or the ordinance adopting this Code shall be construed to repeal or otherwise affect the validity of any of the following:

(1) Any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of this Code;

(2) Any ordinance or resolution promising or guaranteeing the payment of money for the City or authorizing the issuance of any bonds of the City or any evidence of the City's indebtedness;

(3) Any contract or obligation assumed by the City;

(4) Any ordinance or resolution fixing the salary of any City officer or employee, unless superseded;

(5) Any right of franchise granted by the City to any person, firm, or corporation;

(6) Any ordinance or resolution dedicating, naming, establishing, locating, relocating, closing, opening, widening, paving, widening, vacating, etc., any street or public way in the City;

(7) Any ordinance or resolution establishing and prescribing the street grades of any street in the City;

(8) Any appropriation ordinance;

(9) Any ordinance or resolution which, by its own terms, is effective for a stated or limited term;

(10) Any ordinance or resolution providing for local improvements and assessing taxes therefor;

(11) Any ordinance or resolution describing or altering the boundaries of the City or annexing property to the City;

(12) The administrative ordinances or resolutions of the City not in conflict or inconsistent with the provisions of this Code;

(13) Any ordinance levying or imposing taxes not included in this Code;

(14) Any ordinance or regulation prescribing traffic regulations for specific locations concerning through streets, parking limitations, parking prohibitions, one-way traffic, limitations on loads of vehicles or loading zones, not in conflict or inconsistent with this Code;

(15) Any ordinance or resolution of agreement with another political subdivision;

(16) Any specific rezoning ordinance or amendments thereto;

(17) Any ordinance or resolution dedicating or accepting any specific subdivision plat;

(18) Any ordinance or resolution that creates and/or continues a governmental funding mechanism for potential future projects and programs under the Alternative Voluntary Redevelopment Program as established in accordance with California Legislature Bills AB 1X26 and AB1X27; and

(19) Any other ordinance or resolution, or part thereof, which is not of a general and permanent nature; or which is referred to elsewhere in this Code as continuing in effect.

(b) Nor shall the repeal of any such ordinance or resolution be construed to revive any ordinance, resolution or part thereof that has been repealed or superseded by a subsequent ordinance or resolution which is repealed or superseded by this chapter. All such ordinances are hereby recognized as continuing in full force and effect to the same extent as if set out at length in this Code.