Modesto Municipal Code Art. XVI Miscellaneous

The provisions of this Charter shall become effective immediately when the concurrent resolution of the Legislature approving this Charter is filed with the Secretary of State.

If any provision of this Charter or the application thereof to any person or circumstances is held invalid, the remainder of the Charter and the application of such provision to other persons or circumstances shall not be affected thereby.

The violation of, or the failure to comply with, any provision of this Charter or of any City ordinance or of any provision of any code adopted by reference by the Modesto Municipal Code, shall be unlawful. Except as otherwise provided, such violation or failure to comply shall be deemed a misdemeanor, unless the City Attorney shall elect to charge the offense as an infraction, so long as any such election shall not adversely affect the citizen appeal process existing under this Charter.

Any such violation may be prosecuted by the authorities of the City in the name of the people of the State of California, or may be redressed by civil action, at the option of said authorities. The maximum penalty for a misdemeanor upon conviction for the violation of, or failure to comply with, any provision of this Charter, or of any ordinance of the City, or of any provisions of any law adopted by reference by this code, shall be a fine not exceeding 1,000 dollars ($1,000.00) or imprisonment for a term not exceeding one year or both such fine and imprisonment. The maximum penalty for any infraction upon conviction shall be by a fine of 500 dollars ($500.00), and there shall be no imprisonment.

(As amended November 2, 1976, and November 7, 1989)

Unless the provisions or the context otherwise require, as used in this Charter:

(a) "Shall" is mandatory and "may" is permissive;

(b) "City" is the City of Modesto, and "department," "board," "commission," "agency," "officer" or "employee," is a department, board, commission, agency, officer or employee, as the case may be of the City of Modesto;

(c) "Council" is the Council of the City of Modesto;

(d) A "member of the Council" means any one of the seven members of the Council, including the Mayor;

(e) A "Councilman" means any one of the members of the Council other than the Mayor, and whenever used in this Charter shall be deemed to mean "Councilmember";

(f) "County" is the County of Stanislaus;

(g) "State" is the State of California;

(h) "Newspaper of general circulation within the City" is as defined by Section 6000 of the Government Code of the State of California;

(i) "Public utility or service" as used in this Charter means the supply by the City to its inhabitants, or any portion thereof, with water, light, heat, power, transportation service or telephone, telegraph or wireless communication service, except that said term shall not include furnishing of sewer or sewage disposal services, drainage service, airport services or taxicab services; and

(j) "Election" is the day of the election.

(As amended November 4, 1980)

The Council shall cause this Charter to be reviewed at least every ten years commencing with the year 1980.

(Added April 20, 1971)