Larkspur Municipal Code Ch. 1.01 Adoption of Code

Sections: 1.01.010 Title – Citation – Reference. 1.01.020 Reference Applies to Amendments. 1.01.030 Codification Authority. 1.01.040 Definitions and Construction. 1.01.050 Title, Chapter and Section Headings. 1.01.060 Reference to Specific Ordinances. 1.01.070 Effect of Code on Past Actions and Obligations. 1.01.080 Repeal. 1.01.090 Exclusions. 1.01.100 Effective Date. 1.01.110 Reserved. 1.01.120 Severability. 1.01.130 Reserved. 1.01.140 Fees to Be Established by Resolution.

This code shall be known as the “Larkspur Municipal Code” and it shall be sufficient to refer to said code as the “Larkspur Municipal Code” in any prosecution for the violation of any provision thereof or in any proceeding at law or equity. It shall also be sufficient to designate any ordinance adding to, amending, correcting or repealing all or any part or portion thereof as an addition to, amendment to, correction of, or repeal of the “Larkspur Municipal Code.” Further reference may be had to the titles, chapters, sections and subsections of the “Larkspur Municipal Code” and such reference shall apply to that numbered title, chapter, section or subsection as it appears in this code. (Ord. 1030 § 2(1), 2018; Ord. 345 § 1 (part), 1967)

Whenever a reference is made to this code as the “Larkspur Municipal Code” or to any portion thereof, or to any ordinance of the City of Larkspur, the reference shall apply to all amendments, corrections and additions heretofore, now, or hereafter made. (Ord. 1030 § 2(1), 2018; Ord. 345 § 1 (part), 1967)

This code consists of all of the regulatory and penal ordinances and certain of the administrative ordinances of the City of Larkspur, California, codified pursuant to the laws of the State of California. (Ord. 1030 § 2(1), 2018; Ord. 345 § 1 (part), 1967)

Unless the context otherwise requires, the following words and phrases as used in the ordinances of Larkspur shall have the meaning and construction given in this section:

“City” means the City of Larkspur.

“City Council” means the City Council of the City of Larkspur.

“Code” means the Larkspur Municipal Code.

“County” means the County of Marin.

Gender. The masculine gender includes the feminine and neuter.

Number. The singular number includes the plural, and the plural the singular.

“Oath” includes affirmation.

“Person” means any natural person, firm, association, joint venture, joint stock company, partnership, organization, club, company, corporation, business trust, or their manager, lessee, agent, servant, officer, or employee of any of them.

Shall, May. Shall is mandatory, and may is permissive.

“State” means the State of California.

Tenses. The present tense includes the past and future tenses, and the future tense includes the present tense.

Title of Office. The use of the title of any officer, employee, department, board or commission means that officer, employee, department, board or commission of the City of Larkspur. (Ord. 1030 § 2(1), 2018; Ord. 345 § 1 (part), 1967)

Title, chapter and section headings contained herein 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 or section hereof. (Ord. 1030 § 2(1), 2018; Ord. 345 § 1 (part), 1967)

The provisions of this code shall not in any manner affect deposits or other matters of record which refer to, or are otherwise connected with ordinances which are therein specifically designated by number or otherwise and which are included within this code, but such reference shall be construed to apply to the corresponding provisions contained within this code. (Ord. 1030 § 2(1), 2018; Ord. 345 § 1 (part), 1967)

Neither the adoption of this code nor the repeal or amendment hereby of any ordinance or part or portion of any ordinance of the City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license, fee, or penalty at said effective date due and unpaid under such ordinances, 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 thereof, nor to affect the validity of any bond or cash deposit in lieu thereof required to be posted, filed, or deposited pursuant to any ordinance, and all rights and obligations thereunder appertaining shall continue in full force and effect. (Ord. 1030 § 2(1), 2018; Ord. 345 § 1 (part), 1967)

All ordinances or parts of ordinances of this City in conflict with the provisions of this code and all general regulatory and administrative ordinances relating to such matters covered by this code are hereby repealed. (Ord. 1030 § 2(1), 2018; Ord. 345 § 1 (part), 1967)

Every special ordinance of this City governing the following subject matter, whether contained in whole or in part within this code, is excluded from the operation and effect of Larkspur Municipal Code Section 1.01.080 and is not affected by the repeal provisions hereof: annexations; franchises; naming roads, streets and public places; acquisition or disposal of public property; vacation of streets, alleys, or public ways; acceptance of any gift, devise, license or other benefit; provided, that the foregoing enumeration of exceptions or exclusions shall not be deemed to be exclusive or exhaustive, it being the intent and purpose to exclude from repeal any and all ordinances not of a general nature. (Ord. 1030 § 2(1), 2018; Ord. 345 § 1 (part), 1967)

This code shall become effective on the date the ordinance adopting this code as the “Larkspur Municipal Code” shall become effective. (Ord. 1030 § 2(1), 2018; Ord. 345 § 1 (part), 1967)

(Ord. 1030 § 2(1), 2018; Ord. 925 § 1, 2003; Ord. 723 § 1, 1985; Ord. 382 § 2, 1969; Ord. 345 § 1 (part), 1967)

If any section, subsection, sentence, clause, phrase, portion or part of this code is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this code. The City Council declares that it would have adopted this code and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases, parts or portions be declared invalid or unconstitutional. (Ord. 1030 § 2(1), 2018; Ord. 345 § 1 (part), 1967)

(Ord. 1030 § 2(1), 2018; Ord. 638 § 1, 1980)

Any charge or fee required by this code may be established or amended by a resolution of the City Council, unless California or federal law requires otherwise. In the event that a section of this code requires a fee or charge but does not state the manner in which the fee or charge will be established or amended, the City Council may do so by resolution. This section shall not affect any fee established prior to the effective date of this section. (Ord. 1030 § 2(1), 2018; Ord. 853 § 1, 1993)