Carlsbad Municipal Code Ch. 1.04 Code Adoption

Pursuant to the provisions of Government Code Sections 50022.1 through 50022.8 and 50022.10, there is recodified and adopted the "Carlsbad Municipal Water District Code" as revised, reformatted, indexed, codified, compiled, updated and republished by Quality Code Publishing, 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, modified or amended by the Carlsbad Municipal Water District Code.

(Ord. 50, 11/12/2024)

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

(Ord. 50, 11/12/2024)

Whenever a reference is made to this Code as the "Carlsbad Municipal Water District Code" or to any portion of it, or to any ordinance of the Carlsbad Municipal Water District, that reference shall apply to all amendments, corrections and additions made before now, now, and in the future.

(Ord. 50, 11/12/2024)

Except as otherwise provided, this Code consists of regulatory, penal, and administrative laws of general application of the Carlsbad Municipal Water District, codified pursuant to the authority of the Municipal Water District Law of 1911 (California Water Code, Section 71000 et seq.), particularly Section 71281, and to California Government Code Sections 50020 through 50022.10.

(Ord. 50, 11/12/2024)

Title, chapter, 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 of the provisions of any title, chapter or section of this Code

(Ord. 50, 11/12/2024)

This Code shall not affect deposits or other matters of record which refer to, or are otherwise connected with, ordinances or resolutions which are specifically designated by number or otherwise, and which are included in this Code, but such references shall apply to the corresponding provisions set forth in this Code. Carlsbad Municipal Water District Code sections cited on signage within the District shall, until updated if and as required, be deemed to be citations to the counterpart sections in the recodified Carlsbad Municipal Water District Code for purposes of notice and enforcement.

(Ord. 50, 11/12/2024)

Neither the adoption of this Code nor the repeal or amendment by this Code of any ordinance or any part of any ordinance of the District shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date of this Code, nor be construed as a waiver of any license, fee, or penalty at the 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 in lieu of any bond required to be posted, filed, or deposited pursuant to any ordinance and all rights and appertaining obligations under such ordinances shall continue in full force and effect.

(Ord. 50, 11/12/2024)

The Carlsbad Municipal Water District Code became effective on August 15, 2024, the date that Ordinance No. 49 became effective.

(Ord. 50, 11/12/2024)

It is the intention of the Board that the sections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph or section of this Code is declared unconstitutional or without effect by any final judgment or decree of a court of competent jurisdiction, such judgment or decree shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code.

(Ord. 50, 11/12/2024)

Except when otherwise specifically indicated, the obligations imposed upon District officers or staff for implementation and enforcement of this Code are directory in nature. Nothing in this Code shall be construed as limiting or eliminating any defense or immunity from liability for the District or its officers or staff established by the provisions of Title 1, Division 3.6 of the California Government Code or by any other provision of law. Except when otherwise specifically indicated, the manner and timing of enforcement and implementation of this Code shall be within the discretion of the Executive Manager or other designated District officers or staff. Except when otherwise specifically indicated this Code shall not be construed to hold the District or any officer or staff of the District responsible for any damage to persons or property by reason of a failure to enforce, implement or execute any of the provisions of this Code. Nothing in this Code shall be construed to hold the District or any officer or staff of the District responsible for any damage resulting to persons or property by reason of any interpretation of this Code by any District officer or staff.

(Ord. 50, 11/12/2024)

The recodification and adoption of the Carlsbad Municipal Water District Code as specified in this chapter shall not affect the following matters:

A. Actions and proceedings that began before the effective date of the ordinance codified in this chapter.

B. Civil, criminal and administrative proceedings concerning ordinance violations committed before the effective date of the ordinance codified in this chapter.

C. The amount of or collection of license, fee, penalty, debt, forfeiture or obligation due and unpaid as of the effective date of the ordinance codified in this chapter.

D. Bonds and cash deposits required to be posted, filed or deposited pursuant to any ordinance, resolution or regulation.

(Ord. 50, 11/12/2024)