Chapter 1.04 — CODE ADOPTION

State Law reference— Provisions authorizing cities to codify their ordinances; Gov. C. §§ 50022.1— 50022.8 and 50022.10.

The purpose of this recodification is to reorganize and renumber the provisions of the existing Long Beach Municipal Code, and, without making any significant substantive changes thereto, to restate, reenact and continue in full force and effect the provisions of the existing Long Beach Municipal Code, as amended, which codifies and publishes in consolidated form those ordinances of the City governing the establishment of certain offices and boards; the conduct of City government; organization to cope with disasters; fire prevention; police and traffic regulation; public safety; public welfare; public works; buildings and signs; prohibition of certain defined acts, and punishment for violation of Code provisions; regulation, control and licensing of businesses, trades, professions and other occupations; health and sanitation regulations; oil production; use of land in the City; municipal gas service and rates; regulation of City streets; operation of public facilities; and other matters of general interest.

(Ord. C-5831 § 1 (part), 1982)

The City of Long Beach adopts the ordinance codified in this Chapter and the recodified Long Beach Municipal Code consisting of Titles 1 through 21, inclusive, together with those secondary codes referenced therein, except those portions of the secondary codes as are deleted or modified by the

provisions of this recodified Municipal Code, as a recodification of the existing comprehensive Long Beach Municipal Code.

(Ord. C-5831 § 1 (part), 1982)

This recodified Code shall be known as the "Long Beach Municipal Code" and it shall be sufficient to refer to said Code as the "Long Beach Municipal Code" in any prosecution for the violation of any provision thereof or in any proceeding at law or equity. It shall 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 or repeal of the "Long Beach Municipal Code." Further reference may be made to the titles, chapters, sections and subsections of the Long Beach Municipal Code and such references shall apply to that numbered title, chapter, section or subsection as it appears in this Code.

(Ord. C-5831 § 1 (part), 1982)

The provisions of this recodification, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements, reenactments and continuations of such provisions, and not as new enactments.

(Ord. C-5831 § 1 (part), 1982)

Whenever a reference is made to this Code as the "Long Beach Municipal Code," or to any portion thereof, or to any ordinance of the City of Long Beach, the reference shall apply to all amendments, corrections and additions heretofore, now or hereafter made.

(Ord. C-5831 § 1 (part), 1982)

The 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. C-5831 § 1 (part), 1982)

The provisions of this recodified Municipal Code shall not in any manner affect 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 the Code, but such reference shall be construed to apply to the corresponding provisions contained within this Code.

(Ord. C-5831 § 1 (part), 1982)

Neither the adoption of this recodification of the Long Beach Municipal 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 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. C-5831 § 1 (part), 1982)

To coordinate all related provisions of the law, initiative ordinances are included in this Code and given code section numbers. In each such case, the character of the ordinance as an initiative ordinance is indicated in the heading of the chapter or section. This coordination of initiative ordinances with the Code does not alter their character as such. Any violation of the provisions of an initiative ordinance is punishable as provided therein, rather than under the general penal clause of this Code.

(Ord. C-5831 § 1 (part), 1982)

Not less than three bound copies of this Code shall be filed for use and examination by the public in the office of the City Clerk. At least three copies permanently bound and duly certified to by the City Clerk shall be maintained on file in the Clerk's office. Additional copies shall be prepared in looseleaf form and shall be mounted in suitable binders. Copies of the Code and material printed for use therewith shall be distributed as follows: one to each officer and department or bureau head of the City; one to each assistant or other employee in each office, department or bureau of the City as the head thereof may designate; one to the City public library and one to each branch thereof. The Mayor, the City Manager, the City Attorney and the City Clerk are authorized to furnish suitably bound copies of this Code and printed matter to other cities on a reciprocal courtesy basis. In addition, copies of the Code and printed matter, with or without a binder or maintenance service, shall be sold to the general public at a price to be fixed by the City Clerk. The purchaser shall have the option of ordering the Code and printed matter with or without the binder or maintenance service. Distribution and sale of the Code and printed matter shall be made by the City Clerk. The City Clerk shall keep a record of the distributees and purchasers. Various portions of the Code and printed matter may also be printed separate and apart from the whole thereof, and sold, either with or without a binder and with or without maintenance service at prices to be fixed by the Clerk.

(Ord. C-5831 § 1 (part), 1982)

Whenever the Council adopts an amendment or adds to this Code or repeals any of its provisions, or whenever the table of contents or index is amended, the City Clerk shall cause the looseleaf pages of the Code in which changes have been made to be reprinted as required, showing the changes. A notation as to the ordinance, if any, and the date of adoption thereof, by which such changes are adopted, shall be made

by the City Clerk in the bound volumes of the Code on file in the Clerk's office including the number of the ordinance pursuant to which such action is taken. Duly certified copies of every ordinance making changes in the Code shall be filed in the office of the City Clerk in books for such purpose, duly indexed for ready reference. The City Clerk shall cause copies of each and every reprint to be distributed to each distributee and to every purchaser of the Code who has ordered and paid for maintenance service.

At least twice yearly, and particularly in June and December of each year, the City Clerk shall cause the looseleaf pages of the Code in which changes have been made to be reprinted, including the notation as to the ordinance number pursuant to which such change is adopted, in order that at least twice yearly the looseleaf copies of such 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. C-5831 § 1 (part), 1982)

Ordinance No. C-3600, as amended, and all ordinances or portions of ordinances in conflict with the provisions of this recodified Municipal Code or covering subject matter included within this Code, are repealed and shall be superseded by this recodification.

(Ord. C-5877 § 3, 1982: Ord. C-5836 § 2, 1982: Ord. C-5831 § 1 (part), 1982)

If any section, subsection, sentence, clause, phrase or portion of this recodified Municipal Code is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Code. The Council declares that it would have adopted this Code and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional. If for any reason this Code or any part thereof should be declared invalid or unconstitutional, then the original ordinance or ordinances which this recodified Municipal Code, or part thereof, supersedes shall be in full force and effect.

(Ord. C-5831 § 1 (part), 1982)

This recodified Municipal Code shall become effective on the date the ordinance adopting this Code as the "Long Beach Municipal Code" shall become effective.

(Ord. C-5831 § 1 (part), 1982)