Newark Municipal Code Ch. 1.01 Code Adoption

Pursuant to the provisions of Sections 50022.1 through 50022.8 and 50022.10 of the Government Code, there is adopted the "Newark Municipal Code" as published by Book Publishing Company, Seattle, Washington, together with those secondary codes adopted by reference as authorized by the California State Legislature, save and except those portions of the secondary codes as are deleted or modified by the provisions of the "Newark Municipal Code."

(Ord. 167 § 1, 1980)

This code shall be known as the "Newark Municipal Code" and it shall be sufficient to refer to said code as the "Newark 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 Newark Municipal Code. Further reference may be had to the titles, chapters, sections and subsections of the Newark Municipal Code and such references shall apply to that numbered title, chapter, section or subsection as it appears in the code.

(Ord. 167 § 2, 1980)

This code consists of all the regulatory and penal ordinances and certain of the administrative ordinances of the city, codified pursuant to the provisions of Sections 50022.1 through 50022.8 and 50022.10 of the Government Code.

(Ord. 167 § 3, 1980)

The last ordinance included in this code was Ordinance No. 161, passed October 11, 1979. The following ordinances, passed subsequent to Ordinance No. 161, but prior to adoption of this code, are adopted and made a part of this code:

A. Ordinance No. 162, entitled "An ordinance of the city council of the city of Newark authorizing an amendment to the contract between the city council of the city of Newark and the board of administration of the California public employees' retirement system providing for an improved 2% at 50 full public employees' retirement system plan (Government Code Section 21252.01) and an unused sick leave credit plan (Section 20862.8) for sworn safety members in the Newark police association and firefighter association, and an increased survivor benefit (Section 21390) plan for local police sworn safety members";

B. Ordinance No. 163-B, entitled "Ordinance of the city of Newark establishing regulations for the preservation of trees on private property (this ordinance is being passed as an urgency ordinance.)";

C. Ordinance No. 108.2-U, entitled "An ordinance of the city of Newark amending Ordinance No. 108, an ordinance of the city of Newark prescribing rules and regulations governing public parks, recreation areas and facilities owned, managed and controlled by the city of Newark being adopted as an urgency ordinance by a ⅘ vote of the city council";

D. Ordinance No. 108.2, entitled "An ordinance of the city of Newark amending Ordinance No. 108, an ordinance of the city of Newark prescribing rules and regulations governing public parks, recreation areas and facilities owned, managed and controlled by the city of Newark";

E. Ordinance No. 164, entitled "An ordinance of the city of Newark prohibiting alcoholic beverages in the Ash Street park being adopted as an urgency ordinance by a ⅘ vote of the city council";

F. Ordinance No. 163, entitled "Ordinance of the city of Newark establishing regulations for the preservation of trees on private property";

G. Ordinance No. 125.1, entitled "An ordinance of the city of Newark amending Ordinance No. 125, an ordinance providing for the granting of franchises for community antenna television systems; providing terms and conditions for the operation of such community antenna television systems and fees therefor";

H. Ordinance No. 126.1, entitled "An ordinance of the city of Newark amending ordinance No. 125, an ordinance granting a license to teleprompter corporation, a New York corporation, to construct, operate and maintain a community antenna television system, within the city of Newark";

I. Ordinance No. 141.2, entitled "An ordinance of the city of Newark amending Ordinance No. 141, an ordinance of the city of Newark allowing certain Newark based, non-profit, charitable organizations to conduct bingo games for charity";

J. Ordinance No. 163.1, entitled "An ordinance of the city of Newark amending ordinance No. 163, and ordinance of the city of Newark establishing regulations for the preservation of trees on private property";

K. Ordinance No. 165, entitled "An ordinance of the city of Newark regulating burglary, intrusion and robbery alarm systems, companies and users";

L. Ordinance No. 92.60, entitled "An ordinance of the city of Newark amending Ordinance No. 92 being the city of Newark zoning ordinance by changing the regulations";

M. Ordinance No. 158.1, entitled "Ordinance of the city of Newark amending Ordinance No. 158, the traffic ordinance of the city of Newark";

N. Ordinance No. 92.61, entitled "An ordinance of the city of Newark amending Ordinance No. 92 being the city of Newark zoning ordinance by changing the regulations";

O. Ordinance No. 166, entitled "An ordinance of the city council of the city of Newark authorizing an amendment to the contract between the city council of the city of Newark and the board of administration of the California public employees' retirement system providing for an unused sick leave credit plan (Section 20862.8) for miscellaneous members."

(Ord. 167 § 4, 1980)

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

(Ord. 167 § 5, 1980)

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. 167 § 6, 1980)

The provisions of this 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. 167 § 7, 1980)

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. 167 § 8, 1980)

This code shall become effective on the date the ordinance adopting this code as the Newark Municipal Code becomes effective.

(Ord. 167 § 9, 1980)

If any section, subsection, sentence, clause or phrase of this code is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this code. The council declares that it would have passed this code, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases had been declared invalid or unconstitutional, and if for any reason this code should be declared invalid or unconstitutional, then the original ordinance or ordinances shall be in full force and effect.

(Ord. 167 § 10, 1980)