NEVADA CITY MUNICIPAL CODE 2007

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A Codification of the General Ordinances of the city of Nevada City, California

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Republished in 2014 by:

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OFFICIALS of the CITY OF NEVADA CITY, CALIFORNIA AT THE TIME OF THIS REPUBLICATION

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;adv=3p> Sally Harris

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Mayor

Terri Andersen

Vice Mayor

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Robert Bergman

Duane Strawser

Jennifer Ray

City Council

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Hal DeGraw

City Attorney

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Niel Locke

City Clerk of the CITY OF NEVADA CITY, CALIFORNIA

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Duane Strawser

Mayor

David Parker

Vice Mayor

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Evans Phelps

Valerie Moberg

Reinette Senum

City Council

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Hal DeGraw

City Attorney

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Niel Locke

City Clerk

PREFACE

This Code constitutes a republication of the general and permanent ordinances of the City of Nevada City, California.

Source materials used in the preparation of the Code were the 2007 Code, as supplemented through March 28, 2007, and ordinances subsequently adopted by the City Council. The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the comparative tables appearing in the back of this Code, the reader can locate any section of the 2007 Code, as supplemented, and any subsequent ordinance included herein.

The chapters of the Code have been conveniently arranged in alphabetical order, and the various sections within each chapter have been catchlined to facilitate usage. Notes which tie related sections of the Code together and which refer to relevant state law have been included. A table listing the state law citations and setting forth their location within the Code is included at the back of this Code.

HOW TO USE YOUR CODE

This code is organized to make the laws of the city as accessible as possible to city officials, city employees and private citizens. Please take a moment to familiarize yourself with some of the important elements of this code.

Numbering System.

The numbering system is the backbone of a Code of Ordinances; Municipal Code Corporation uses a unique and versatile numbering structure that allows for easy expansion and amendment of this Code. It is based on three tiers, beginning with title, then chapter, and ending with section. Each part is represented in the code section number. For example, Section 2.04.010 is Section .010, in Chapter 2.04 of Title 2.

Title. A title is a broad category under which ordinances on a related subject are compiled. This code contains about 15 to 20 titles. For example, the first title is Title 1, General Provisions, which may contain ordinances about the general penalty, code adoption and definitions. The titles in this code are separated by tabbed divider pages for quick reference. Some titles are Reserved for later use.

Chapter.

Chapters deal with more specific subjects, and are often derived from one ordinance. All of the chapters on a related subject are grouped in one title. The chapters are numbered so that new chapters which should logically be placed near certain existing chapters can be added at a later time without renumbering existing material. For example, Chapter 2.06, City Manager, can be added between 2.04, City Council, and Chapter 2.08, City Attorney.

Section.

Each section of the code contains substantive ordinance material. The sections are numbered by "tens" to allow for expansion of the code without renumbering.

Ordinance History Note.

At the end of each code section, you will find an "ordinance history note," which lists the underlying ordinances for that section. The ordinances are listed by number, section (if applicable) and year. (Example: (Ord. 272 § 1, 1992).)

Beginning with Republication a secondary ordinance history note will be appended to affected sections. Ordinance history notes will be amended with the most recent ordinance added to the end. These history notes can be cross referenced to the code comparative table and disposition list appearing at the back of the volume preceding the index.

Statutory References.

The statutory references direct the code user to those portions of the state statutes that are applicable to the laws of the municipality. As the statutes are revised, these references will be updated.

Cross-Reference Table.

When a code is based on an earlier codification, the cross-reference table will help users find older or "prior" code references in the new code. The cross-reference table is located near the end of the code, under the tabbed divider "Tables." This table lists the prior code section in the column labeled "Prior Code Section" and the new code section in the column labeled "Herein."

As of the Republication, this table will no longer be updated.

Ordinance List and Disposition Table.

To find a specific ordinance in the code, turn to the section called "Tables" for the Ordinance List and Disposition Table. This very useful table tells you the status of every ordinance reviewed for inclusion in the code. The table is organized by ordinance number and provides a brief description and the disposition of the ordinance. If the ordinance is codified, the chapter (or chapters) will be indicated. (Example: (2.04, 6.12, 9.04).) If the ordinance is of a temporary nature or deals with subjects not normally codified, such as budgets, taxes, annexations or rezones, the disposition will be "(Special)." If the ordinance is for some reason omitted from the code, usually at the direction of the municipality, the disposition will be "(Not codified)." Other dispositions sometimes used are "(Tabled)," "(Pending)," "(Number Not Used)" or "(Missing)."

Beginning with the Republication this table will be replaced with the "Code Comparative Table and Disposition List."

Code Comparative Table and Disposition List.

Beginning with the Republication, a Code Comparative Table and Disposition List has been added for use in tracking legislative history. Located in the back of this volume, this table is a chronological listing of each ordinance considered for codification. The Code Comparative Table and Disposition List specifies the ordinance number, adoption date, description of the ordinance and the disposition within the code of each ordinance. By use of the Code Comparative Table and Disposition List, the reader can locate any section of the code as supplemented, and any subsequent ordinance included herein.

Index. If you are not certain where to look for a particular subject in this code, start with the index. This is an alphabetical multi-tier subject index which uses section numbers as the reference, and cross-references where necessary. Look for the main heading of the subject you need, then the appropriate subheadings:

BUSINESS LICENSE

See also BUSINESS TAX Fee 5.04.030 Required when 5.04.010

The index will be updated as necessary when the code text is amended.

Instruction Sheet.

Each supplement to the new code will be accompanied by an Instruction Sheet. This sheet will tell the code user the date of the most recent supplement and the last ordinance contained in that supplement. It will then list the pages that must be pulled from the code and the new pages that must be inserted. Following these instructions carefully will assure that the code is kept accurate and current. Removed pages should be kept for future reference.

Page Numbers.

When originally published, this code was numbered with consecutive page numbers. The new page numbering system used in this Republication is a prefix system. The letters to the left of the colon are an abbreviation which represents a certain portion of the volume. The number to the right of the colon represents the number of the page in that portion. In the case of a chapter of the Code, the number to the left of the colon indicates the number of the chapter. In the case of an appendix to the Code, the letter immediately to the left of the colon indicates the letter of the appendix. The following are typical parts of codes of ordinances, which may or may not appear in this Code at this time, and their corresponding prefixes:

Acknowledgments

This republication was under the direct supervision of Dennis Sinett, Vice President, Supplement Department, and Peggy Lamar, Editor, of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project.

The publisher is most grateful to Hal DeGraw, City Attorney and Corey Shaver, Administrative Supervisor for their cooperation and assistance during the progress of the work on this publication. It is hoped that their efforts and those of the publisher have resulted in a Code of Ordinances which will make the active law of the City readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the City's affairs.

Copyright

All editorial enhancements of this Code are copyrighted by Municipal Code Corporation and the City of Nevada City, California. Editorial enhancements include, but are not limited to: organization; table of contents; section catchlines; prechapter section analyses; editor's notes; cross references; state law references; numbering system; code comparative table; state law reference table; and index. Such material may not be used or reproduced for commercial purposes without the express written consent of Municipal Code Corporation and the City of Nevada City, California.

© Copyrighted material. Municipal Code Corporation and the City of Nevada City, California. 2013.

ORDINANCE NO. 2008-02

AN ORDINANCE OF THE CITY OF NEVADA CITY ADOPTING

TITLES 1 THROUGH 18, INCLUSIVE OF THE 2007 CITY OF NEVADA CITY MUNICIPAL CODE, PRESCRIBING CERTAIN PENALTIESFOR THE VIOLATION OF THE PROVISIONS THEREOF, AND REPEALING CERTAIN ORDINANCES AS SPECIFIED THEREIN

WHEREAS, the City Council desires to recodify certain provisions of the City of Nevada City Municipal Code in effect as of February 13, 2008 (up through and including Ordinance No. 2006-4, and 2007-3 but excluding the ordinances listed on Exhibit B hereto) and certain amendments to the City of Nevada City Municipal Code which have not been previously adopted, all of which are included in Exhibit A to this Ordinance;

WHEREAS, the City Council intends that, upon adoption of this Ordinance, Titles 1 through 18 of the 2007 Municipal Code, shall constitute the complete Municipal Code for the City of City of Nevada City, replacing, amending or recodifying all prior code sections;

WHEREAS, Exhibit A is comprised of the newly codified amendments to the Code as well as certain recodified provisions of the existing Code, which are attached hereto and made a part of this Ordinance and when taken together, will constitute the City of Nevada City Municipal Code;

WHEREAS, except as set forth herein, the City Council desires the provisions contained in Exhibit A to supersede the existing City of Nevada City Municipal Code (as codified in 1990 and subsequently amended) and any other conflicting provisions of the existing City of Nevada City Municipal Code;

WHEREAS, the City Council has independently reviewed the Notice of Exemption and its supporting documents in reaching the following findings, which reflect the independent judgment of the City Council;

WHEREAS, the City has on file in the Office of the City Clerk, for public inspection, a copy of Exhibit A, with the copy thereof certified as a true copy by the City Clerk;

WHEREAS, the Code provisions to be adopted or recodified as set forth in Exhibit A are consistent with the General Plan and serve to implement its policies; and

WHEREAS, the City Council has conducted duly noticed public hearings at which time it heard and considered public testimony regarding the adoption of Exhibit A, including the newly codified amendments to the Code, and the re-codification of existing provisions of the Code.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF NEVADA CITY DOES ORDAIN AS FOLLOWS:

Section 1. Recodification and Adoption of Certain Titles of the City of Nevada City Municipal Code.

The City of Nevada City Municipal Code as set forth in Exhibit A, is hereby adopted pursuant to the provisions of Sections 50022 through 50022.10 of the California Government Code. Any amendments to the City of Nevada City Municipal Code which have not been previously adopted are also set out in Exhibit A to this Ordinance, and have been integrated into the newly codified Code and will take effect with adoption of the Code. A copy of Exhibit A has been filed and is on file in the office of the City Clerk for public inspection, and each and all of the provisions, terms, and penalties of said Code on file in the office of the City Clerk are hereby referred to, adopted, incorporated herein and made a part of this ordinance as if fully set forth in this ordinance.

Section 2. Repeal of Certain Ordinances and Certain Ordinances to Remain in Effect.

Except as otherwise provided in this Ordinance and Code adopted hereby, all provisions of the 1990 Code are hereby repealed on the effective date of this Ordinance.

Section 3. Superseded Ordinances.

All ordinances adopted and in effect as of the effective date of this Ordinance, other than those listed on Exhibit B hereto, are superseded to the extent they conflict with the provisions of the Code identified in Section 1 herein and adopted herein.

Section 4. Effect on Past Actions and Obligations.

The repealing provisions of the City of Nevada City Municipal Code shall not affect or impair any act done, or right vested or approved, or any proceeding, suit or prosecution had or commenced in any cause before such repeal shall take effect; but every such act, vested right, proceeding, suit, or prosecution shall remain in full force and effect for all purposes as if the applicable provisions of the 1990 Code, or part thereof, had remained in force and effect. No offense committed and no liability, penalty, or forfeiture, either civil or criminal, incurred prior to the repeal or alteration of any applicable provision of the 1990 Code as amended, shall be discharged or affected by such repeal or alteration but prosecutions and suits for such offenses, liabilities, penalties or forfeitures shall be instituted and proceed in all respects as if the applicable provisions of the 1990 Code, as amended, had not been repealed or altered.

Section 5. Adoption of Notice of Exemption.

Based on the Notice of Exemption and the record before the City Council, and for the reasons stated in the Notice of Exemption, the City Council finds that the proposed Code provisions as approved are exempt pursuant to California Public Resources Code section 21080 and California Code of Regulations section 14 CCR 15061(b)(3).

Section 6. Severability, Savings and Resurrection Provisions.

To the extent the provisions of the City of Nevada City Municipal Code as amended by this Ordinance are substantially the same as the provisions of that Code as they read immediately prior to the adoption of this Ordinance, then those provisions shall be construed as continuations of the earlier provisions and not as new enactments.

If any section, subsection, sentence, clause, phrase or portion of this Ordinance, or the Code adopted by it, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance, or the Code adopted by it.

Further, if for any reason any section, subsection, sentence, clause, phrase or portion of this Ordinance or the Code adopted by it is held invalid or cannot be implemented according to its terms, the City Council intends that the ordinance provisions which would have been amended or affected by the invalid provisions of this Ordinance or Code adopted by it shall remain in effect as if this Ordinance had not been adopted.

The City Council hereby declares that it would have adopted this Ordinance, the Code adopted by it and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that anyone or more sections, subsections, phrases, or portions be declared invalid or unconstitutional.

Section 7. References on Signage, Notices and Documents of Continuing Legal Effect.

References to City of Nevada City Municipal Code sections cited on signage within the City, notices issued by the City and other documents of ongoing or continuing legal effect, until updated to reflect the numbering scheme of the Code adopted hereby, are deemed to be references to the counterpart sections of the Code adopted by this Ordinance for the purposes of notice and enforcement. The provisions adopted hereby shall not in any manner affect deposits or other matters of record which refer to, or are otherwise connected with, ordinances which are specifically designated by number, code section or otherwise, but such references shall be deemed to apply to the corresponding provisions set forth in the Code adopted hereby.

Section 8. Table of Contents and Defined Terms.

The table of contents appearing at the beginning and the Statutory References, Tables and Index appearing at the end of the 2007 Edition of the City of Nevada City Municipal Code, are not adopted by this Ordinance, but are included for convenience only, and shall be editorially changed from time to time to conform with amendments and additions to this Code.

Section 9. Voter Approved Ordinances.

The Nevada City Municipal Code as adopted by this Ordinance codifies voter-approved ordinances. It is not the intent of this Ordinance to change the substance of those voter-approved ordinances and the Nevada City Municipal Code shall be interpreted in the light of that intent.

Section 10. Certification and Publication.

The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. The Clerk is further directed to insert the date of adoption of this Ordinance in the appropriate places in the City of Nevada City Municipal Code.

Section 11. Effective Date.

This Ordinance shall take effect thirty days after second reading as provided in Government Code Section 36937.

PASSED, APPROVED AND ADOPTED this 13th day of February, 2008.

AYES: HARRIS, STEIN, MCKAY, COTTRELL, COFFMAN

NOES: NONE

ABSENT: NONE

ABSTAIN: NONE

ATTEST:

APPROVED AS TO FORM:

EXHIBIT A

CITY COUNCIL NEVADA CITY, CALIFORNIA SUMMARY OF ORDINANCE RECODIFYING NEVADA CITY MUNICIPAL CODE

NOTICE OF INTENTION TO ADOPT ORDINANCE NO. 2008-02 ADOPTING TITLES 1-18 OF THE 2007 CITY OF NEVADA CITY MUNICIPAL CODE (2007 MUNICIPAL CODE); PRESCRIBING CERTAIN PENALTIES FOR THE VIOLATION OF THE 2007 MUNICIPAL CODE AND REPEALING CERTAIN ORDINANCES AS SPECIFIED IN THAT CODE

The City Council held a public hearing on February 13, 2008, at 7:00 p.m. in Council Chambers, City Hall, 317 Broad Street, Nevada City, California 95959, to consider the adoption of Ordinance No. 2008 -02 to adopt an updated and re-codified Municipal Code.

The applicant, City of Nevada City, proposed to revise and update Titles 1-18 of the new Municipal Code. Title 1 is entitled "General Provisions;" Title 2, "Administration and Personnel;" Title 3, "Revenue and Finance;" Title 5, "Business Taxes, Licenses and Regulations;" Title 6, "Animals;" Title 8, "Health and Safety;" Title 9, "Public Peace, Morals and Welfare;" Title 10, "Vehicles and Traffic;" Title 12, "Streets, Sidewalks and Public Places;" Title 13, "Public Services;" Title 15, "Buildings and Construction;" Title 16, "Subdivisions;" Title 17, "Zoning;" Title 18, "Environment." Titles 4, 7, 11 and 24 are reserved. Certain portions of Title 15 are reserved and will be re-codified later.

This Ordinance was adopted with a 5-0 vote. Councilmembers Harris, Stein, Cottrell, Coffman and McKay voted in favor of the ordinance.

Publish: ___________ The Union

EXHIBIT B

City Council Ordinances 2007 (not included in 2007 Municipal Code)