Gustine Municipal Code Ch. 1 Code Established; Penalties

The ordinances embraced in this and the following chapters shall constitute and be designated the "Gustine, California Municipal Code" and may be so cited. The Code may also be cited as the "Gustine Municipal Code."

(Code 1966, § 1-1.01)

State Law reference— Codification of ordinances, Government Code § 50022.1 et seq.

The provisions of this Code, insofar as they are substantially the same as legislation previously adopted by the city relating to the same subject matter, shall be construed as restatements and continuations thereof and not as new enactments.

(Code 1966, § 1-3.02)

(a) Nothing in this Code or the ordinance adopting this Code affects any offense or act committed or done, any penalty or forfeiture incurred, or any contract or right established before the effective date of this Code.

(b) The adoption of this Code does not authorize any use or the continuation of any use of a structure or premises in violation of any city ordinance on the effective date of this Code.

(Code 1966, §§ 1-1.04, 1-1.05)

Nothing in this Code or the ordinance adopting this Code affects the validity of any ordinance or portion of an ordinance listed below. Such ordinances continue in full force and effect to the same extent as if published at length in this Code.

(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) That is temporary, although general in effect.

(17) That is special, although permanent in effect.

(18) The purpose of which has been accomplished.

(Code 1966, § 1-1.09)

(a) All ordinances adopted subsequent to this Code that amend, repeal or in any way affect this Code may be numbered in accordance with the numbering system of the Code and printed for inclusion in the Code.

(b) Amendments to provisions of this Code may be made with the following language: "Section (title, chapter, article, division or subdivision, as appropriate) of the Gustine, California Municipal Code is hereby amended to read as follows: …."

(c) If a new section, subdivision, division, article or chapter is to be added to the Code, the following language may be used: "Section (title, chapter, article, division or subdivision, as appropriate) of the Gustine, California Municipal Code is hereby created to read as follows: …."

(d) All provisions desired to be repealed should be repealed specially by section, subdivision, division, article, chapter or title number, as appropriate, or by setting out the repealed provisions in full in the repealing ordinance.

(a) Supplements to this Code shall be prepared and printed whenever authorized or directed by the city. A supplement to this Code shall include all substantive permanent and general parts of ordinances adopted during the period covered by the supplement and all changes made thereby in the Code. The pages of the 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. 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 included from the Code by the omission thereof from reprinted pages.

(c) When preparing a supplement to this Code, the person authorized to prepare the supplement may make formal, nonsubstantive changes in ordinances and parts or ordinances included in the supplement, insofar as necessary to do so in order to embody them into a unified code. For example, the person may:

(1) Arrange the material into appropriate organizational units.

(2) Supply appropriate catchlines, headings and titles for chapters, articles, divisions, subdivisions and sections to be included in the Code and make changes in any such catchlines, headings and titles or in any such catchlines, headings and titles already in the Code.

(3) Assign appropriate numbers to chapters, articles, divisions, subdivisions and sections to be added to the code.

(4) Where necessary to accommodate new material, change existing numbers assigned to titles, chapters, articles, divisions or sections.

(5) Change the words "this ordinance" or similar words to "this chapter," "this article," "this division," "this section" or "sections _____ to _____ (inserting section numbers to indicate the sections of the Code that embody the substantive sections of the ordinance incorporated in the Code).

(6) Make other nonsubstantive changes necessary to preserve the original meaning of the ordinances inserted in the 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.

(Code 1966, §§ 1-2.01—1-2.05)

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