Eastvale Municipal Code Ch. 1.01 Code Adopted

The city council finds that it is desirable and in the public interest to establish a municipal Code in order to provide a system of organization for the classification and grouping of ordinances which the council may adopt. The council intends on adopting ordinances of a general and permanent nature to provide for their placement in accordance with the scheme of the Code. This will provide the user with a convenient and logical compilation of the ordinances of the city.

(Ord. No. 2010-02, § 1, att. A, 10-1-2010; Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

This Code shall be known as the "Code of the City of Eastvale, California" or the "Eastvale Municipal Code." It shall be sufficient to refer to this Code as the Eastvale Municipal Code in any prosecution for the violation of any provision of this Code. It shall also be sufficient to designate any ordinance adding to, amending, or repealing provisions of this Code as an addition or amendment to, or a repeal of this Code, or any portion thereof.

(Ord. No. 2010-02, § 1, att. A, 10-1-2010; Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

State Law reference— Authority of city to recodify code of ordinances, Government Code § 50022.10.

This Code shall consist of all ordinances adopted by the city council which are of a general and permanent nature. An ordinance relating to any of the following subject matters is not considered an ordinance of general and permanent nature and need not be included within this Code:

(1) The naming of streets or roads;

(2) Granting, altering, or withdrawing franchises;

(3) Levying real property taxes;

(4) Calling an election;

(5) Annexation proceedings;

(6) Interim zoning measures;

(7) Zoning or rezoning a particular parcel of property; and

(8) Such other ordinances of a special or particular subject matter which the council considers inappropriate to a compilation of laws of a general and permanent nature.

(Ord. No. 2010-02, § 1, att. A, 10-1-2010; Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a) The ordinances of the city which are of a general and permanent nature shall be organized and grouped according to subject matter.

(b) Ordinances which are adopted from time to time shall be classified and organized under the following scheme of titles:

(1) Title 1, General Provisions.

(2) Title 2, Administration and Personnel.

(3) Title 4, Revenue and Finance.

(4) Title 6, Business Regulations.

(5) Title 8, Public Morals and Safety.

(6) Title 10, Vehicles and Traffic.

(7) Title 12, Streets and Sidewalks.

(8) Title 14, Water and Sewers.

(9) Title 16, Health and Sanitation.

(10) Title 18, Animals.

(11) Title 20, Parks and Recreation.

(12) Title 22, Miscellaneous Regulations.

(13) Title 101, General and Administrative Provisions.

(14) Title 110, Buildings and Construction.

(15) Title 120, Planning and Zoning.

(16) Title 130, Subdivisions.

(Ord. No. 2010-02, § 1, att. A, 10-1-2010; Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a) At least three copies of this Code, duly certified by the city clerk, shall be maintained on file in the office of the city clerk as official copies of this Code. Additional copies of this Code shall be distributed to the departments of the city as prescribed by the city manager.

(b) Duly certified copies of each ordinance making a change in this Code shall be filed in the office of the city clerk in books for such purpose, duly indexed for ready reference.

(c) Semiannually the city clerk shall cause the looseleaf pages of this Code in which changes have been made to be reproduced, including a notation as to the ordinance number and the date on which such change was adopted. Such reprinted pages shall be distributed in order that the looseleaf copies of this Code, prepared for the use and convenience of the officers and employees of the city and the general public, may be brought up to date.

(Ord. No. 2010-02, § 1, att. A, 10-1-2010; Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a) The provisions of this Code and all proceedings under it are to be construed to affect its purposes and to promote justice.

(b) All the provisions of this Code and all other city ordinances shall be interpreted to refer to the appropriate or designated officer or office of the city, and whether an ordinance, uniform code, statute or other matter which is adopted by reference refers to any department, officer, employee, inspector, police or other functions, unless the context requires otherwise, all references shall be to the appropriate or designated office, officer, department, agency, employee or function of the city, or to the person or agency performing the function for the city.

(Ord. No. 2010-02, § 1, att. A, 10-1-2010; Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Neither the adoption of this Code or any portion thereof, nor the repeal by this Code of any ordinance previously in effect in the city or within the territory currently comprising the city, shall in any manner affect the prosecution for the violation of any ordinance, which violation was committed prior to the effective date of this Code, nor be construed as a waiver of any license fee or penalty due and unpaid under such ordinances on such effective date, 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 required to be posted, filed, or deposited pursuant to any ordinances, and all vested rights and obligations pertaining to such ordinances shall continue in full force and effect.

(Ord. No. 2010-02, § 1, att. A, 10-1-2010; Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

If any chapter, section, sentence, clause or portion of this Code is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof.

(Ord. No. 2010-02, § 1, att. A, 10-1-2010; Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

This Code shall refer only to the omission or commission of acts within the territorial limits of the city and that territory outside of the city over which the city has jurisdiction or control by virtue of the state constitution, or any law, or by reason of ownership or control of property.

(Ord. No. 2010-02, § 1, att. A, 10-1-2010; Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

All references in this Code to places, acts, persons or things, and all else in relation to this Code shall be construed to mean that the same are applicable to this city, whether the city is mentioned in each particular section or not.

(Ord. No. 2010-02, § 1, att. A, 10-1-2010; Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Unless the provisions of this Code otherwise specifically provide, or the context of this Code indicates to the contrary, the general provisions, rules of construction, and definitions set forth in this chapter shall govern the construction of this Code.

(Ord. No. 2010-02, § 1, att. A, 10-1-2010; Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

The title, chapter, article, 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, article or section of this Code.

(Ord. No. 2010-02, § 1, att. A, 10-1-2010; Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

The term "section" means a section of this Code, unless some other source is specifically set forth. The term "subsection" means a subsection of the section in which the term occurs, unless some other section is expressly set forth.

(Ord. No. 2010-02, § 1, att. A, 10-1-2010; Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Whenever a power is granted to, or a duty is imposed upon, a public officer or employee, the power may be exercised or the duty may be performed by a deputy of such officer or employee or by a person otherwise duly authorized pursuant to law or ordinance, unless this Code expressly provides otherwise.

(Ord. No. 2010-02, § 1, att. A, 10-1-2010; Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

The term "writing" includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement, or record is required or authorized by this Code, such notice, report, statement, or record shall be made in writing in the English language, unless this Code expressly provides otherwise.

(Ord. No. 2010-02, § 1, att. A, 10-1-2010; Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

State Law reference— Similar provision, Government Code § 8.

Whenever any reference in this Code is made to an ordinance, the reference shall apply to such ordinance of the city, unless this Code expressly provides otherwise. Whenever any reference is made to any portion of this Code or to any ordinances of this city, the reference shall apply to all amendments and additions to this Code.

(Ord. No. 2010-02, § 1, att. A, 10-1-2010; Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

When a limitation or period of time prescribed in any existing ordinance or statute for acquiring a right or barring a remedy, or for any other purpose, has begun to run before this Code goes into effect, the time which has already run shall be deemed a part of the time prescribed as such limitation.

(Ord. No. 2010-02, § 1, att. A, 10-1-2010; Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a) In the construction of this Code and of all ordinances of the city, the following rules shall be observed and the following definitions shall apply, unless such construction would be inconsistent with the manifest intent of the city council or a different meaning is apparent from the context or is specified elsewhere in the Code:

Generally. All general provisions, terms, phrases and expressions contained in this Code shall be liberally construed in order that the true intent and meaning of the city council may be fully carried out. In the interpretation and application of any provisions of this Code, they shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision of the Code imposes greater restrictions upon the subject matter than another more general provision imposed by the Code or other law, the provision imposing the greater restriction or regulation shall be controlling.

Calendar year. The term "calendar year" means from January 1 through December 31 of any given year.

California codes. Any reference to the codified statutes of the state including but not limited to business and professions code, civil code, code of civil procedure, commercial code, corporations code, education code, elections code, evidence code, family code, financial code, fish and game code, food and agricultural code, government code, harbors and navigation code, health and safety code, insurance code, labor code, military and veterans code, penal code, probate code, public contract code, public resources code, public utilities code, revenue and taxation code, streets and highways code, unemployment insurance code, vehicle code, water code or welfare and institutions code are to such codes as adopted and now or hereafter amended. Any reference to a state law or state act by title is to such law or act as amended.

City. The term "city" means the City of Eastvale.

City manager. The term "city manager" means the appointed official of the city who occupies the position of chief administrative officer of the city.

Code. The term "Code" means the "Code of the City of Eastvale, California" or the "Eastvale Municipal Code."

State Law reference— Similar provision, Government Code § 50022.1.

Computation of time. The time in which any act provided by law is to be done is computed by excluding the first day and including the last, unless the last day is a holiday and then it is also excluded.

State Law reference— Similar provisions, Government Code §§ 6707, 6800.

Conjunctions. In a provision involving two or more items, conditions, provisions or events, which items, conditions, provisions or events are connected by the conjunction "and," "or" or "either/or," the conjunction shall be interpreted as follows, except that in appropriate cases the terms "or" and "and" are interchangeable:

(1) "And" indicates that all the connected terms, conditions, provisions or events apply.

(2) "Or" indicates that the connected terms, conditions, provisions or events apply singly or in any combination.

(3) "Either/or" indicates that the connected terms, conditions, provisions or events apply singly but not in combination.

Council, city council or governing body. The term "council," "city council" or "governing body" means the City Council of the City of Eastvale.

Councilmember. The term "councilmember" means a person duly elected to the city council.

County. The term "county" means the County of Riverside, California.

Day. The term "day" means a calendar day unless specified otherwise.

State Law reference— Similar provision, Government Code § 6806.

Fiscal year. The term "fiscal year" means from July 1 of any given year through June 30 of the following year.

Gender. The masculine gender shall include the feminine and neuter genders.

State Law reference— Similar provision, Government Code § 12.

Joint authority. All words giving a joint authority to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.

Month. The term "month" means a calendar month, unless otherwise specially expressed.

Number. The singular number shall include the plural, and the plural number shall include the singular, unless the context clearly indicates otherwise.

State Law reference— Similar provision, Government Code § 13.

Oath. The term "oath" includes affirmation.

State Law reference— Similar provision, Government Code § 15.

Official time standard. Wherever certain hours are named in this Code, they mean Standard Time or Daylight Saving Time as may be in current use in the city.

Operate. The term "operate" means and includes carrying on, keeping, conducting, or maintaining.

Owner. The term "owner," applied to a building or land, shall include any part owner, joint owner, tenant, tenant in common, or joint tenant of the whole or a part of such building or land.

Person. The term "person" includes any person, firm, company, corporation, partnership, association, public corporation, city (except the City of Eastvale), the County of Riverside, any district in the County of Riverside, the State of California or the United States of America, or any department, agency or political subdivision of the entities stated in this definition, unless this Code expressly provides otherwise.

Personal property. The term "personal property" includes money, goods, chattels, things in action and evidence of debts.

Police. The term "police" means the agency which performs the appropriate law enforcement function for the city.

Police chief, chief of police or chief of police services. The term "police chief," "chief of police," or "chief of police services," means the head of the agency or division which at the time involved has responsibility for performing the police function for, or within, the city.

Property. The term "property" includes real and personal property.

State Law reference— Similar provisions, Civil Code § 14, Code of Civil Procedure § 481.195, Government Code § 180.

Quarterly. The term "quarterly," where used to designate a period of time, means the first three calendar months of any given year or succeeding period of three calendar months.

Real property. The term "real property" includes lands, tenements and hereditaments.

State Law reference— Similar provisions, Civil Code §§ 14, 658.

Sale. The term "sale" includes any sale, exchange, barter or offer for sale.

Shall, may. The term "shall" is mandatory and the term "may" is permissive.

State Law reference— Similar provision, Government Code § 14.

Signature or subscription by mark. The term "signature" or "subscription by mark" includes a mark when the signer or subscriber cannot write, such signer's or subscriber' s name being written near the mark by a witness who writes his own name near the signer' s or subscriber' s name; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses so sign their own names thereto.

State Law reference— Similar provision, Government Code § 16.

State. The term "state" means the State of California.

Street. The term "street" includes all streets, highways, avenues, boulevards, alleys, courts, places, squares or other public ways in the city which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any state law.

State Law reference— Similar provision, Vehicle Code § 590.

Tenant, occupant. The term "tenant" or "occupant," when applied to a building or land, includes any person who occupies the whole or a part of such building or land, whether alone or with others.

Tense. The present tense includes the past and future tense, and the future tense includes the present tense.

State Law reference— Similar provision, Government Code § 11.

Week. A week consists of seven consecutive days.

State Law reference— Similar provision, Government Code § 6805.

Zoning Code. The term "zoning code" means Title 120 (Planning and Zoning) of the Eastvale Municipal Code.

(b) Words and phrases not defined in this Code shall be construed according to the approved usage of the language, or, when appropriate, by reference to definitions contained in state or federal law.

(Ord. No. 2010-02, § 1, att. A, 10-1-2010; Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a) It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this Code or the provisions of any code adopted by reference by this Code or any provision of any ordinance of the city not included within this Code. Any person violating any such provisions or failing to comply with any of the mandatory requirements of this Code or any Code adopted by reference by this Code or any other city ordinance shall be guilty of an infraction, unless such violation is specifically designated as constituting a misdemeanor. 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 this Code, or any provision of any code adopted by reference by this Code, or of any other city ordinance, is committed, continued or permitted by such person, and may be punished accordingly.

(b) A violation of this Code or any provision of this Code does not include the failure of a city officer or city employee to perform an official duty unless it is specifically provided that the failure to perform the duty is to be punished as provided in this section.

(Ord. No. 2010-02, § 1, att. A, 10-1-2010; Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Whenever any act or omission is made unlawful by this Code, it shall include causing, permitting, aiding, abetting, suffering or concealing the fact of such act or omission.

(Ord. No. 2010-02, § 1, att. A, 10-1-2010; Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a) Any conviction of a misdemeanor under the provisions of this Code shall be punishable by a fine of not more than $1,000.00, or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment.

(b) Any conviction of an infraction under the provisions of this Code shall be punishable for a first conviction by a fine of not more than $100.00, for a second conviction within a period of one year by a fine of not more than $200.00, and for a third or any subsequent conviction within a period of one year by a fine of not more than $500.00.

(c) Any provision or requirement of this Code or of any Code adopted by reference by this Code or of any ordinance of the city not included within this Code, the violation of which or the failure to comply with which is designated as an infraction, shall be prosecutable as a misdemeanor upon a fourth violation within a period of one year and each violation thereafter of the same provision by the same individual within a period of one year.

(d) Any violation expressly declared to be punishable, in the discretion of the court by either a fine, or by a fine or imprisonment, or both, shall become an infraction for all purposes under any of the following circumstances:

(1) Where a judgment imposes a punishment of a fine not exceeding $100.00 in the case of a first offense;

(2) When the court grants probation to a defendant without the imposition of a sentence and, at the time of granting probation, or on application of the defendant or probation officer thereafter, the court declares the offense to be an infraction; or

(3) When the city attorney or the district attorney files in a court having jurisdiction over misdemeanor offenses a complaint specifying that the offense is an infraction.

(e) Notwithstanding any other provision of law, a violation of local building and safety codes determined to be an infraction is punishable by a fine not exceeding:

(1) $100.00 for a first violation;

(2) $500.00 for a second violation of the same ordinance within one year;

(3) $1,000.00 for each additional violation of the same ordinance within one year of the first violation.

(Ord. No. 2010-02, § 1, att. A, 10-1-2010; Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

State Law reference— Penalties for ordinance violations, Government Code § 36900, Penal Code § 19 et seq.

Each day any violation or failure to perform an act shall continue shall constitute a separate offense, unless otherwise specifically provided.

Imprisonment for violation of any city ordinance shall be in the county jail.

(Ord. No. 2010-02, § 1, att. A, 10-1-2010; Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a) In addition to other penalties provided by law, any condition caused or permitted to exist in violation of any provision of this Code or any code adopted by reference by this Code or any ordinance of the city not included within this Code, or any such threatened violation, shall be deemed a public nuisance and may be summarily abated as such by the city.

(b) Any such violation or threatened violation as referred to in subsection (a) of this section, or any condition caused or permitted to exist in violation of any of the provisions of any code adopted by reference by this Code, or of the provisions of any other city ordinance, shall be deemed a public nuisance which may be abated by the city attorney in a civil judicial action.

(Ord. No. 2010-02, § 1, att. A, 10-1-2010; Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a) Whenever any person creating, causing, committing, or maintaining a public nuisance, as referred to in section 1.01.240, or other public nuisance, as defined under state law or other ordinances or regulations, has been given notice, by or on behalf of the city attorney or by any other city officer, employee or policing agent authorized to give such notice, to abate such nuisance or cease and desist from continuing such nuisance or violation of law, and such person fails, refuses, or neglects to comply with the notice within the time specified therein, or if such a time is not specified, then within a time reasonably sufficient to enable such compliance, such noncomplying person shall be liable to the city for any and all costs and expenses to the city involved in thereafter abating the nuisance and in obtaining compliance with or enforcing the law as referred to or encompassed within such notice.

(b) Costs and expenses, as referred to in subsection (a) of this section, may include, but are not limited to, any and all direct costs and expenses related to such things as personnel salaries and benefits, operational overhead, rent, interest, fees for experts or consultants, legal costs or expenses, including attorneys' fees, claims against the city arising as a consequence of the nuisance or violation, and any and all procedures associated with collecting monies due hereunder.

(c) The provisions of subsection (a) of this section shall also apply to any person who received a notice, as specified therein, abated the nuisance or violation, but subsequently allowed or was responsible for a recurrence of the nuisance or violation.

(d) The liability of any person for the payment of the costs and expenses provided for in subsection (a) of this section may be waived in whole or in part by the city attorney in any case wherein the city attorney determines, in the city attorney's sole discretion, that the failure or refusal of such person to comply with the notice therein involved was based upon a good faith and bona fide issue of law or fact specially involved in the circumstances of the case. Any determination or decision of the city attorney in this regard shall be final and conclusive and shall not be subject to appeal as prescribed in title 2 of this Code.

(e) Money due to the city pursuant to this section may be recovered in an appropriate civil action. Alternatively, such liability may be enforced by special assessment proceedings against the parcel of land upon which the nuisance existed, which proceedings may be conducted in a manner substantively similar to proceedings described in Government Code § 39574 et seq., relating to weed abatement assessments.

(Ord. No. 2010-02, § 1, att. A, 10-1-2010; Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

The violation of, or the failure or omission to perform in accordance with, any administrative provision of this Code by any officer or employee of the city shall generally not be considered a criminal act, but may be deemed a failure to perform the duties or to observe the rules or regulations of the department, office, commission, or board within the meaning of the civil service ordinances and rules and regulations of the city, if applicable.

(Ord. No. 2010-02, § 1, att. A, 10-1-2010; Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Whenever a notice is required to be given or may be given, under any provision of this Code or any provision of any code adopted by reference by this Code, or by any provision of any city ordinance or resolution, such notice shall be deemed given when given as provided here. Unless different or special provisions are specifically made applicable in this Code or in some other applicable enactment, notice shall be given by personal delivery thereof to the person to be notified, by fax delivery with a copy of the fax return, or by deposit in a sealed envelope the United States mail, postage prepaid, certified, return receipt requested, addressed to such person at that person's last known home or business address as such address appears in the public records or any other reliable records pertaining to the matter for which notice is to be given.

(Ord. No. 2010-02, § 1, att. A, 10-1-2010; Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Proof of giving any notice may be made by the certificate of any officer or employee of the city or the declaration under penalty of perjury of any person over 18 years old, which confirms service in the manner provided in this Code or other applicable provisions of law.

(Ord. No. 2010-02, § 1, att. A, 10-1-2010; Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

The provisions of Code of Civil Procedure § 1094.6 hereby are adopted by the city council and such provisions are made applicable in the city to "decisions" as set out in Code of Civil Procedure § 1094.6 that are final on and after the adoption date of the ordinance from which this provision was derived.

(Ord. No. 2010-02, § 1, att. A, 10-1-2010; Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

All references to chapters or sections are to the chapters and sections of this Code, unless otherwise specified.

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.

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 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 he 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 Eastvale, California," the purpose of which is to enable the city council and other persons interested to ascertain the status 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, nonsubstantive 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 chapter," "this article," "this division," 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 1.01.220.

(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 ordinance or resolution establishing and prescribing employment and personnel policies and procedures;

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

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

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

(9) Any appropriation ordinance;

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

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

(12) Any specific rezoning ordinance or amendments thereto, and any ordinance establishing a board of zoning appeals or planning commission, including joint commissions;

(13) Any county subdivision regulation, planning and zoning regulation or amendment thereto that the city has adopted by reference and not superseded with subsequent legislation;

(14) Any ordinance or resolution dedicating or accepting any subdivision plat or providing for subdivision regulations;

(15) Any ordinance or resolution describing or altering the boundaries of the city or annexing property to the city;

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

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

(18) 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;

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

(20) 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.