DUNSMUIR - MUNICIPAL CODE

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A Codification of the General Ordinances of the City of Dunsmuir, California

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Republished in 2016 by Order of the City Council

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[Figure]

CURRENT OFFICIALS

of the

CITY OF DUNSMUIR, CALIFORNIA

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Juliana Lucchesi Bruce Deutsch Dave Keisler, Vice Mayor Matthew Bryan, Mayor Peter Arth City Council

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Vacant City Manager

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Wendy Perkins Deputy City Clerk

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Mario Rubino City Treasurer

PREFACE

This volume is a republication of the Code of Ordinances of Dunsmuir, California, of 1995, including all general and permanent ordinances enacted by the City Council through Ordinance 550, adopted October 15, 2015. The former volume was supplemented six times through Ordinance No. 542, adopted February 16, 2012. Notations indicating supplemented pages have been deleted.

Numbering System

The numbering system is the backbone of a Code of Ordinances; this Code uses a unique and versatile numbering structure that allows for easy expansion and amendment of the Code. It is based on three tiers, beginning with title, then chapter, and ending with section. Each part is represented in the code section number. For example, Section 2.04.010 is Section .010, in Chapter 2.04 of Title 2.

Title. A title is a broad category under which ordinances on a related subject are compiled. This code contains about 15 to 20 titles. For example, the first title is Title 1, General Provisions, which may contain ordinances about the general penalty, code adoption and definitions. The titles in this code are separated by tabbed divider pages for quick reference. Some titles are Reserved for later use.

Chapter.

Chapters deal with more specific subjects, and are often derived from one ordinance. All of the chapters on a related subject are grouped in one title. The chapters are numbered so that new chapters which should logically be placed near certain existing chapters can be added at a later time without renumbering existing material. For example, Chapter 2.06, City Manager, can be added between 2.04, City Council, and Chapter 2.08, City Attorney.

Section.

Each section of the code contains substantive ordinance material. The sections are numbered by "tens" to allow for expansion of the code without renumbering.

Page Numbering System

The page numbering system used in this republication is a prefix system. The letters to the left of the colon are an abbreviation which represents a certain portion of the volume. The number to the right of the colon represents the number of the page in that portion. In the case of a title of the Code, the number to the left of the colon indicates the number of the title. In the case of an appendix to the Code, the letter immediately to the left of the colon indicates the letter of the appendix. The following are typical parts of codes of ordinances, which may or may not appear in this Code at this time, and their corresponding prefixes:

Ordinance History Note

At the end of each code section, you will find an "ordinance history note," which lists the underlying ordinances for that section. The ordinances are listed by number, section (if applicable) and date. Examples: (Ord. 272 § 1, 1992) and (Ord. 529, § 2, 3-18-2010). Ordinance history notes will be amended with the most recent ordinance added to the end. These history notes can be cross referenced to the code comparative table and disposition list appearing at the back of the volume preceding the index.

Cross-Reference Table

When a code is based on an earlier codification, the cross-reference table will help users find older or "prior" code references in the new code. The cross-reference table is located near the end of the code, under the tabbed divider "Tables." This table lists the prior code section in the column labeled "Prior Code Section" and the new code section in the column labeled "Herein." This table is for historical use only and is no longer being updated.

Ordinance List and Disposition Table

To find a specific ordinance in the code, turn to the section called "Tables" for the Ordinance List and Disposition Table. This very useful table tells you the status of every ordinance reviewed for inclusion in the code. The table is organized by ordinance number and provides a brief description and the disposition of the ordinance. If the ordinance is codified, the chapter (or chapters) will be indicated. (Example: (2.04, 6.12, 9.04).) If the ordinance is of a temporary nature or deals with subjects not normally codified, such as budgets, taxes, annexations or rezones, the disposition will be "(Special)." If the ordinance is for some reason omitted from the code, usually at the direction of the municipality, the disposition will be "(Not codified)." Other dispositions sometimes used are "(Tabled)," "(Pending)," "(Number Not Used)" or "(Missing)." This table is for historical use only and is no longer being updated. In 2010, this table was replaced with the "Code Comparative Table and Disposition List."

Code Comparative Table and Disposition List

The Code Comparative Table and Disposition List is useful in tracking legislative history. Located in the back of this volume, this table is a chronological listing of each ordinance considered for codification. The Code Comparative Table and Disposition List specifies the ordinance number, adoption date, description of the ordinance and the disposition within the code of each ordinance. By use of the Code Comparative Table and Disposition List, the reader can locate any section of the code as supplemented, and any subsequent ordinance included herein.

Index

The general index of the code has been prepared with the greatest of care. Each particular item has been placed under several headings, some of the headings being couched in lay phraseology, others in legal terminology, and still others in language generally used by municipal officials and employees. There are numerous cross references within the index itself which stand as guideposts to direct the user to the particular item in which he/she is interested.

Looseleaf Supplements

A special feature of this code to which the attention of the user is especially directed is the looseleaf system of binding and supplemental servicing for the code. With this system, the code will be kept up-to-date periodically. Upon the final passage of amendatory ordinances, they will be properly edited and the appropriate page or pages affected will be reprinted. These new pages will be distributed to holders of copies of the code, with instructions for the manner of inserting the new pages and deleting the obsolete pages.

The successful maintenance of this code up-to-date at all times will depend largely upon the holder of the volume. As revised sheets are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publishers that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes.

Acknowledgments

The republication of this code was under the direct supervision of Tassy Spinks, Editor, and Anna Fitzpatrick, Proofreader, of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project.

The publishers are most grateful to Ms. Patricia Hall, City Administrator, and Ms. Julie Iskra, Administrative Assistant, for their cooperation and assistance during the progress of the work on this code. It is hoped that their efforts and those of the publishers have resulted in a Code of Ordinances which will make the active law of the city readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the city's affairs.

MUNICIPAL CODE CORPORATION Tallahassee, Florida

ADOPTING ORDINANCE ORDINANCE NO. 549

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUNSMUIR, CALIFORNIA, ADOPTING THE DUNSMUIR CITY CODE

WHEREAS, this City Council finds and determines that it is in the best interest of the City of Dunsmuir to clarify that all code sections of the Dunsmuir City Code be considered in effect and valid with the exception of Chapter 17.34, Chapter 1.06, and Section 1.08.010(C).

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DUNSMUIR DOES ORDAIN AS FOLLOWS:

Section 1. Pursuant to the provisions of Government Code Sections 50022.1 through 50022.8 and 50022.10, there is hereby adopted the Code entitled "The Code of the City of Dunsmuir, California" (2015 Edition), also known as the "Dunsmuir City Code" (2015 Edition), originally published in 1995 by LexisNexis Municipal Codes, which also published supplements 1, 2, 3, and 4 to the Dunsmuir City Code, after which Municipal Code Corporation succeeded LexisNexis Municipal Codes and published supplements 5 and 6 to the Dunsmuir City Code, consisting of Titles 1, 2, 3, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, each inclusive, 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 provisions of the Dunsmuir City Code with the exception of Chapter 17.34 and Chapter 1.06 which are deleted, and Section 1.08.010(C) which is amended to read as follows:

Section C - Any person convicted of an infraction for violation of an ordinance of the City is punishable by a penalty of no more than six-hundred and seventy-five dollars ($675.00).

Section 2. All ordinances of a general and permanent nature enacted on or before December 13, 2012, and not included in the Code or recognized and continued in force by reference therein, are repealed.

Section 3. The repeal provided for in section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance. Nor does the repeal provision apply to Ordinance No. 548 which shall remain in full force and effect.

Section 4. The adoption of the Dunsmuir City Code is intended by the City Council to be a continuation of existing ordinances and nothing is intended to modify or enact any new taxes. To the extent the provisions of the 2015 Edition of the Dunsmuir City Code are substantively the same as existing law, the provisions of the Dunsmuir City Code (2015 Edition) shall be considered a continuation of existing law and not new enactments.

Section 5. The recodification and adoption of the Dunsmuir City Code (2015 Edition) and the repeal provided for in section 2 of this Ordinance shall not affect the following matters or municipal legislation:

a) Action and proceedings that began before the effective date of this Ordinance.

b) Civil, criminal and administrative proceedings concerning ordinance violations committed before the effective date of this Ordinance.

c) The amount of or collection of license, fee, penalty debt, forfeiture or obligation due and unpaid as of the effective date of this Ordinance.

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

e) Matters of record that refer to or are connected with a provision of the Code as originally published in 1995 by LexisNexis Municipal Codes, which also published supplements 1, 2, 3, and 4 to the Code, after which Municipal Code Corporation succeeded LexisNexis Municipal Codes and published supplements 5 and 6 to the Dunsmuir City Code, as amended. Such references shall be construed to apply to the corresponding provisions of the Dunsmuir City Code (2015 Edition).

f) Ordinance No. 543 adopted December 13, 2012.

g) Ordinance No. 545 adopted May 21, 2015.

h) Ordinance No. 546 adopted June 18, 2015.

i) Ordinance No. 547 adopted July 2, 2015.

Section 6. Unless another penalty is expressly provided, every person convicted of a violation of any provision of the Code or any ordinance, rule or regulation adopted or issued in pursuance thereof shall be punished according to the penalties set forth in the Dunsmuir City Code which are as follows:

a) Any person violating any of the provisions or failing to comply with any of the mandatory requirements of the ordinances of the city shall be guilty of an infraction unless the violation is made a misdemeanor by ordinance.

b) Except in cases where a different punishment is prescribed by any ordinance of the city, any person convicted of a misdemeanor for violation of an ordinance of the city is punishable by a fine of not more than one thousand five hundred dollars ($1,500.00) or by imprisonment not to exceed six months or by both such fine and imprisonment.

c) Except in cases where a different punishment is prescribed by any ordinance of the city, any person convicted of an infraction for violation of an ordinance of the city is punishable by a penalty of not more than six-hundred and seventy-five dollars ($675.00).

d) Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of the city is committed, continued or permitted by any such person, and he shall be punishable accordingly.

e) Each act of violation and each day upon which any such violation shall continue or occur shall constitute a separate offense. The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any Code section, whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the City of Dunsmuir may pursue other remedies such as abatement of nuisances, injunctive relief and revocation of licenses or permits.

Section 7. Additions or amendments to the Code when passed in such form as to indicate the intention of the City Council of the City of Dunsmuir to make the same a part of the Code shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments.

Section 8. Ordinances adopted after Ordinance No. 549 that amend or refer to ordinances that have been codified in the Code, shall be construed as if they amend or refer to like provisions of the Code.

Section 9. CEQA. This ordinance is not a "project" subject to the California Environmental Quality Act (CEQA). "Project" does not include "general policy and procedure making" or "organization or administrative activities of governments that will not result in direct or indirect physical changes in the environment" pursuant to CEQA Guidelines 15378(b).

Section 10. Severability.

If any section, subsection, sentence, clause, phrase or portion of the Ordinance or its application to any person or circumstance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or its application to other persons or circumstances. The City Council of the City of Dunsmuir hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional and, to that end, the provisions hereof are hereby declared to be severable.

Section 11. Publication.

The City Clerk shall cause this Ordinance to be published or posted in accordance with California Government Code section 36933 and shall certify to the adoption of this Ordinance.

Section 12. Effective Date. This Ordinance shall take effect thirty days after its adoption pursuant to California Government Code section 36937.

Introduced and first read at a regular meeting of the City Council on the 16th day of July, 2015, by the following vote:

AYES: Craig, Deutsch, Spurlock, Keisler

NOES: None

ABSENT: Syrrist

ABSTAINING: None

FINAL PASSAGE AND ADOPTION by the City Council of the City of Dunsmuir occurred at an adjourned regular meeting thereof held on the 30th day of July, 2015, by the following vote:

AYES: Deutsch, Syrrist, Craig, Spurlock, Keisler

NOES: None

ABSENT: None

ABSTAINING: None

ATTEST: