Cupertino Municipal Code Ch. 1.01 Code Adopted\

* For statutory provisions authorizing cities to adopt by reference a codification of its ordinances, see Gov. Code §§ 50022.1 et seq.

Pursuant to the provisions of Sections 50022.1 et seq. of the California Government Code, there is adopted the “Cupertino Municipal Code,” as published by American Legal Publishing Corporation, Cincinnati, Ohio, 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 “Cupertino Municipal Code.”

(Ord. 1697, (part), 1995; Ord. 604, § 1, 1973)

A. This code shall be known as the “Cupertino Municipal Code” and it shall be sufficient to refer to the code as the “Cupertino Municipal Code” in any prosecution for the violation of any provision thereof or in any proceeding at law or equity.

B. 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 “Cupertino Municipal Code.”

C. Further reference may be had to the titles, chapters, sections and subsections of the “Cupertino Municipal Code” and such references shall apply to that numbered title, chapter, section or subsection as it appears in the code.

(Ord. 604, § 2, 1973)

This code consists of all the regulatory and penal ordinances and certain of the administrative ordinances of the city, codified pursuant to the provisions of Sections 50022.1 et seq. of the California Government Code.

(Ord. 1697, (part), 1995; Ord. 604, § 3, 1973)

Whenever a reference is made to this code as the “Cupertino 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.

(Ord. 604, § 4, 1973)

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. 604, § 5, 1973)

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 the reference shall be construed to apply to the corresponding provisions contained within this code.

(Ord. 604, § 6, 1973)

Neither the adoption of this code nor the repeal or amendments hereby of any ordinance or part or portion 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 hereof, nor be construed as a waiver of any license, fee or penalty at the effective date due and unpaid under the ordinances, nor be construed as affecting any of the provisions of the ordinances relating to the collection of any such license, fee or penalty, or the penal 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.

(Ord. 604, § 7, 1973)

This code shall become effective on the date the ordinance adopting this code as the “Cupertino Municipal Code” becomes effective.

(Ord. 604, § 8, 1973)

If any section, subsection, sentence, clause or phrase of this code is for any reason held to be invalid or unconstitutional, the 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 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. 604, § 9, 1973)