GUSTINE, CALIFORNIA MUNICIPAL CODE

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Published by Order of the City Council

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[Figure]

OFFICIALS

of the

CITY OF

GUSTINE, CALIFORNIA

AT THE TIME OF THIS RECODIFICATION

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Rich Ford

Mayor

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James Bonta

Mayor Pro Tem

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Joe Oliveira

Bartola Garcia

Mark Melville

City Council

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Anne Marie Gallant

City Manager

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Kevin Kelley

City Attorney

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Paulette Mattos

Deputy City Clerk

PREFACE

This Code constitutes a recodification of the general and permanent ordinances of the City of Gustine, California.

Source materials used in the preparation of the Code were the 1966 Code, as supplemented through July 5, 1995, and ordinances subsequently adopted by the city council. The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the comparative tables appearing in the back of this Code, the reader can locate any section of the 1966 Code, as supplemented, and any subsequent ordinance included herein.

The titles of the Code have been conveniently arranged in alphabetical order, and the various sections within each chapter have been catchlined to facilitate usage. Notes which tie related sections of the Code together and which refer to relevant state law have been included. A table listing the state law citations and setting forth their location within the Code is included at the back of this Code.

Titles, Chapter and Section Numbering System

The title, chapter and section numbering system used in this Code is the same system used in many state and local government codes. Each section number consists of three parts separated by a dash. The figure before the first dash refers to the title number; the figure before the second dash refers to the chapter number, and the figure after the dash refers to the position of the section within the chapter. Thus, the second section of title 1, chapter 1 is numbered 1-1-2, and the sixth section of title 4, chapter 5 in section 4-5-1. Under this system, each section is identified with its chapter, and at the same time new sections can be inserted in their proper place by using the decimal system for amendments. For example, if new material consisting of one section that would logically come between sections 6-1-1 and 6-1-2 is desired to be added, such new section would be numbered 6-1-1.5. New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject, or in the case of chapters placed at the end of the title embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject. The next successive number shall be assigned to the chapter, article or division.

Page Numbering System

The page numbering system used in this Code 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 chapter of the Code, the number to the left of the colon indicates the number of the chapter. 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:

Index

The index has been prepared with the greatest of care. Each particular item has been placed under several headings, some of which are couched in lay phraseology, others in legal terminology, and still others in language generally used by local government 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 the user is interested.

Looseleaf Supplements

A special feature of this publication is the looseleaf system of binding and supplemental servicing of the publication. With this system, the publication will be kept up-to-date. Subsequent amendatory legislation will be properly edited, and the affected page or pages will be reprinted. These new pages will be distributed to holders of copies of the publication, with instructions for the manner of inserting the new pages and deleting the obsolete pages.

Keeping this publication up-to-date at all times will depend largely upon the holder of the publication. As revised pages 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 publisher 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

This publication was under the direct supervision of Roger D. Merriam, Senior Code Attorney, and Robert MacNaughton, Editor, 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 publisher is most grateful to Mr. George Lambert, City Manager, Ms. Amy Gedney, Former City Manager, Ms. Cindy Bosco, Administrative Assistant, Ms. Chandra Brace, Analyst, Mr. Kevin Kelley, City Attorney, Mr. Don Hutchins, Chief of Police, Mr. Jim Conner, Director of Public Works, Mr. Ron Stevens, Code Enforcement Officer and Mr. Kevin Loch, Senior Building Inspector for their cooperation and assistance during the progress of the work on this publication. It is hoped that their efforts and those of the publisher 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.

Copyright

All editorial enhancements of this Code are copyrighted by Municipal Code Corporation and the City of Gustine, California. Editorial enhancements include, but are not limited to: organization; table of contents; section catchlines; prechapter section analyses; editor's notes; cross references; state law references; numbering system; code comparative table; state law reference table; and index. Such material may not be used or reproduced for commercial purposes without the express written consent of Municipal Code Corporation and the City of Gustine, California.

© Copyrighted material. Municipal Code Corporation and the City of Gustine, California. 2004.

ORDINANCE NO. 429

AN ORDINANCE OF THE CITY OF GUSTINE ADOPTING A RECODIFICATION OF CERTAIN ORDINANCES OF THE CITY OF GUSTINE ENTITLED "GUSTINE, CALIFORNIA MUNICIPAL CODE," TOGETHER WITH THOSE SECONDARY CODES ADOPTED BY REFERENCE, PRESCRIBING CERTAIN PENALTIES FOR THE VIOLATION OF THE PROVISIONS THEREOF; AND REPEALING CERTAIN ORDINANCES AS SPECIFIED THEREIN.

Section 1. Adoption of Code.

WHEREAS, Pursuant to California Government Code §§ 50022.1 through 50022.10, there is hereby adopted that recodification of certain ordinances of the City of Gustine entitled "Gustine, California Municipal Code" (hereinafter referred to as the "Gustine Municipal Code") published by order of the City Council by the Municipal Code Corporation of Tallahassee, Florida, together with those Secondary Codes therein adopted by reference to wit: the Uniform Administrative Code, 2000 Edition; the National Electrical Code, 1999 Edition; the Uniform Housing Code, 1997 Edition; the Uniform Mechanical Code, 2000 Edition; the Uniform Plumbing Code, 2000 Edition; the Uniform Fire Code, 2000 Edition; the Uniform Swimming Pool, Spa, & Hot Tub Code, 2000 Edition; the Uniform Solar Energy Code, 2000 Edition; the California Building Code, 2001 Edition including the Appendix thereof Volumes 1, 2, & 3; the California Plumbing Code, 2001 Edition; the California Electrical Code, 2001 Edition; the California Mechanical Code, 2001 Edition; the California Fire Code, 2001 Edition; the California Historical Building Code, 2001 Edition; the California Code for Building Conservation, 2001 Edition; the California Energy Code, 2001 Edition; the California Elevator Safety Construction Code, 2001 Edition; the California Administrative Code, 2001 Edition; the California Reference Standard Code, 2001 Edition; and all amendments, appendices, and penalties for each code in effect on November 4, 2002; save and except those portions of the secondary codes as are deleted, amended or modified by the provisions of the Gustine Municipal Code. Each and all of the provisions, terms, and penalties of said Code, at least three copies of which have been filed and are on file in the office of the City Clerk, are hereby referred to, adopted, incorporated herein, and made part of this Ordinance as if fully set forth in this Ordinance.

Section 2. Repeal of Existing Ordinances.

Except as otherwise provided in this Ordinance and in the Gustine Municipal Code, all ordinances of the City of Gustine in force upon the effective date of this Ordinance are hereby repealed.

Section 3. Exceptions to Repeals.

The adoption of the Gustine Municipal Code provided for in Section 1 hereof and the repeal provided for in Section 2 hereof shall not affect the validity of any ordinance or portion of an ordinance pertaining to the following matters:

(1) Annexing property into the city.

(2) Deannexing property or excluding property from the city.

(3) Promising or guaranteeing the payment of money or authorizing the issuance of bonds or other instruments of indebtedness.

(4) Authorizing or approving any contract, deed, or agreement.

(5) Making or approving any appropriation or budget.

(6) Granting any right or franchise.

(7) Providing for salaries or other employee benefits not codified in this Code.

(8) Levying, imposing or otherwise relating to taxes not codified in this Code.

(9) Adopting or amending the comprehensive plan.

(10) Amending the zoning map or zoning atlas, or rezoning specific property.

(11) Dedicating, accepting or vacating any plat or subdivision.

(12) Dedicating, establishing naming, establishing, locating, relocating, opening, paving, widening, repairing or vacating any street.

(13) Establishing the grade or any street or sidewalk.

(14) Levying or imposing any special assessment.

(15) Providing traffic or parking regulations for specific locations.

(16) Any ordinance that is temporary, although general in effect.

(17) Any ordinance that is special, although permanent in effect.

(18) Any ordinance, the purpose of which has been accomplished.

(19) Matters of record which refer to or are connected with an ordinance the substance of which is included in the Gustine Municipal Code. These references shall be construed to apply to the corresponding provisions of the Gustine Municipal Code.

Section 4. Savings Provisions.

The repealing provisions of this Ordinance or of the Gustine Municipal Code shall not affect or impair any act done or right vested or approved, or any proceeding, suit, or prosecution had or commenced in any cause before such repeal shall take effect; but every such act done, or right vested or accrued, or proceeding, suit, or prosecution had or commenced shall remain in full force and effect to all intents and purposes as if the applicable provision of the ordinance or part thereof, so repealed had remained in force and effect. No offense committed and no liability, penalty, or forfeiture, either civilly or criminally incurred prior to the time when any such ordinance, or part thereof, shall be repealed or altered by said Code, shall be discharged or affected by such repeal or alteration; but prosecutions and suits for such offenses, liabilities, penalties, or forfeitures shall be instituted and proceeded with in all respects as if such prior ordinance, or part thereof, had not been repealed or altered.

Section 5. Violation of Code.

(a) In this section "violation of this Code" means any of the following:

(1) Doing an act that is prohibited or made or declared unlawful, an offense, a violation, an infraction or a misdemeanor by ordinance or by rule or regulation authorized by ordinance.

(2) Failure to perform an act that is required to be performed by ordinance or by rule or regulation authorized by ordinance.

(3) Failure to perform an act if the failure is prohibited or is made or declared unlawful, an offense, a violation, an infraction, or a misdemeanor by ordinance or by rule or regulation authorized by ordinance.

(b) In this section "violation 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.

(c) Except as otherwise provided by law or ordinance, a person convicted of a violation of this Code that is not an infraction shall be punished by a fine of not more than $1,000.00, imprisonment in the city or county jail for not more than six months, or both such fine and imprisonment.

(d) A violation of this Code is an infraction only if so stated. A person convicted of a violation of this Code that is an infraction shall be punished by:

(1) A fine not exceeding $100.00 for a first violation;

(2) A fine not exceeding $200.00 for a second violation of the same provision within one year;

(3) A fine not exceeding $500.00 for each additional violation of the same provision within one year.

(e) Except as otherwise provided by law or ordinance:

(1) With respect to violations of this Code that are continuous with respect to time, each day that the violation continues is a separate offense.

(2) With respect to violations of this Code that are not continuous with respect to time, each act constitutes a separate offense.

(f) The imposition of a penalty does not prevent suspension or revocation of a license, permit or franchise or other administrative sanctions.

(g) Violations of this Code that are continuous with respect to time are a public nuisance and may be abated by injunctive or other equitable relief. The imposition of a penalty does not prevent injunctive relief.

Section 6. Maintenance and Distribution of the Code.

Not less than three copies of the Gustine Municipal Code certified by the City of Gustine shall be kept on file in the Office of the City Clerk for examination and use by the public. Amendments to this Gustine Municipal Code shall be noted by ordinance number, on the appropriate pages of the Gustine Municipal Code, and complete files of amendatory ordinances, indexed for ready reference, shall be maintained in the Office of the City Clerk for use and examination by the public.

Section 7. Severability.

If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Gustine hereby declares that it would have passed and adopted this Ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases may be declared invalid or unconstitutional.

Section 8. Effective Date.

This Ordinance shall go into effect and be in full force and operation on thirty (30) days after its final passage and adoption, and shall be published by one insertion in the Gustine Press Standard, a newspaper of general circulation in the City of Gustine, within fifteen (15) days after it's final passage.

At the above time and place, all interested persons will be given the opportunity to present oral or written arguments in favor of or in opposition of the acceptance.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF GUSTINE this 7th day of June 2005 by the following vote:

APPROVED:

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Mayor James Bonta

City of Gustine

ATTEST:

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Deputy City Clerk Paulette Mattos

City of Gustine