Modesto Municipal Code Ch. 1 Adoption of Code

This Code shall be known as the "Modesto Municipal Code," and it shall be sufficient to refer to said Code as the "Modesto Municipal Code" in any prosecution for the violation of any provision thereof. It shall also be sufficient to designate any ordinance adding to, amending, or repealing said Code, or portions thereof, as an addition or amendment to, or a repeal of, the "Modesto Municipal Code," or a portion thereof.

Except as otherwise herein or hereafter provided, this Code consists of all the regulatory, penal and administrative ordinances of general application in the City of Modesto, codified pursuant to the authority contained in Section 724 of the City Charter.

This Code shall take effect upon the effective date of the ordinance adopting this Code by reference.

Neither the adoption of this Code nor the repeal hereby of any ordinance of this 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 or penalty at said effective date due and unpaid under such ordinances, nor construed as affecting any of the provisions of such ordinances relating to the collection of any such license or penalty or 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.

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.

If any section, subsection, sentence, clause or phrase of this Code is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Code. The Council hereby declares that it would have passed this Code and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses or phrases be declared unconstitutional.

All ordinances or portions of ordinances in conflict with the provisions of this Code are hereby repealed.

Not less than three (3) copies of this Code shall be filed for use and examination by the public in the office of the City Clerk. At least three (3) copies, duly certified by the City Clerk, shall be permanently bound and maintained on file in his office. Additional copies shall be prepared in loose-leaf form and shall be mounted to withstand heavy usage in such binders as the City Clerk may prescribe. Copies thereof shall be distributed to the departments and divisions of the City as shall be prescribed by the City Manager.

Upon the adoption of any amendment or addition to said Code, or upon the repeal of any of its provisions, the City Clerk shall certify thereto and shall make an appropriate notation in the bound volumes of said Code of the taking of such action, noting thereon the number and date of the ordinances pursuant to which such action is taken.

Duly certified copies of each ordinance making changes in such 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 prepare reproductions of such changes in the Code for insertion in the loose-leaf copies thereof and for distribution in accordance with the instructions of the City Manager. Every section of the Code so changed shall have printed thereon a notation of the ordinance number pursuant to which such change is adopted, together with the date of the ordinance.

At least quarterly the City Clerk shall cause the loose-leaf pages of said Code in which changes have been made to be reproduced, including the notation as to the ordinance number and date pursuant to which such change is adopted, in order that at least semiannually, the loose-leaf copies of such Code prepared for the use and convenience of the offices and employees of the City and the general public, may be brought up to date.