Chapter 1-1 — ADOPTION OF MUNICIPAL CODE

There is established the municipal code of the city of Lafayette.

(Ord. 25 § 3(1) (part), 1969; Ord. 2 § 2, 1968)

The municipal code of the city of Lafayette shall consist of all ordinances adopted by the city council which are of a general and permanent nature. An ordinance relating to the following subject matter is not considered an ordinance of general and permanent nature and need not be included within the municipal code:

(a)

The naming of roads;

(b)

Granting, altering or withdrawing franchises;

(c)

Levying real property tax;

(d)

Calling an election;

(e)

Interim zoning measure;

(f)

Zoning or rezoning a particular parcel of property;

(g)

Such other ordinances of a special or particular subject matter which the city council considers are not appropriate to a general compilation of laws of a general and permanent nature.

(Ord. 25 § 3(1) (part), 1969; Ord. 2 § 3, 1968)

(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 to and organized under the following scheme of titles:

(1)

General Provisions;

(2)

Administration;

(3)

Building Regulations;

(4)

Business Licenses and Regulations;

(5)

Health and Sanitation;

(6)

Planning and Land Use;

(7)

Public Utilities and Franchises;

(8)

Public Welfare, Morals and Safety;

(9)

Revenue and Taxation;

(10)

Purchases.

(c)

The outline of titles set forth in subsection (b) may be amended as the city council considers necessary to maintain the ordinances of a general and permanent nature in a logical scheme of classification.

(Amended during 1989 codification; Ord. 25 § 3(1) (part), 1969; Ord. 2 § 4, 1968)

(a)

Not less than one copy of the municipal code, certified by the city clerk, shall be kept on file in the office of the clerk for examination and use by the public. Amendments to this code and a complete file of amendatory ordinances shall be maintained in the office of the clerk for use and examination by the public.

(b)

The city council shall direct the manner of distribution and sale of additional copies of the code.

(Ord. 381 § 8, 1990: Ord. 25 § 3(1) (part), 1969; Ord. 2 § 5, 1968)

The codification of certain ordinances of the city entitled "Lafayette Municipal Code" published by Book Publishing Company and covering ordinances through Ordinance 375 is adopted by reference under the provisions of Sections 50022.1 through 50022.10 of the Government Code of the state of California. Three copies of the Lafayette Municipal Code are on file in the office of the city clerk and are available for public inspection.

(Ord. 381 § 1, 1990)

The adoption of the Lafayette Municipal Code (municipal code) and the repeal of ordinances by the municipal code do not affect the following matters:

(a)

Actions and proceedings which began before the effective date of the ordinance codified in this section through Section 1-110;

(b)

Prosecution for ordinance violations committed before the effective date of the ordinance codified in this section through Section 1-110;

(c)

Licenses and penalties due and unpaid at the effective date of the ordinance codified in this section through Section 1-110 and the collection of these licenses and penalties;

(d)

Bonds and cash deposits required to be posted, filed or deposited pursuant to any ordinance;

(e)

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

(Ord. 381 § 2, 1990)

Where each provision of the municipal code is substantially the same as existing law, the municipal code is a continuation of existing law and not a new enactment.

(Ord. 381 § 3, 1990)

The last ordinance included in the municipal code was Ordinance 375, adopted 2/17/89. The following ordinances adopted after Ordinance 375 but before adoption of this code are adopted and made a part of this code: Ordinance 376, adopted 3/13/89, Ordinance 378, adopted 9/25/89 and Ordinance 380, adopted 4/9/90.

(Ord. 381 § 4, 1990)

Except as to those ordinances listed in Section 1-110 which are not affected by this repeal, every ordinance which is not specifically continued in force by this code is repealed. This section does not revive an ordinance which was repealed before the adoption of the code.

(Ord. 381 § 5, 1990)

Every ordinance governing the following subject matter which is excluded from the municipal code is not affected by the repeal provisions of Section 1-105:

(a)

Alteration of city boundaries;

(b)

Elections;

(c)

Fixing the rate and making a levy of taxes;

(d)

Granting, altering or withdrawing a franchise;

(e)

Land use classifications of specific property;

(f)

Naming of roads and streets.

(Ord. 381 § 6, 1990)