THE CODE OF THE CITY OF OCEANSIDE, CALIFORNIA

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THE GENERAL ORDINANCES OF THE CITY

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Adopted: July 22, 1964 Effective: September 1, 1964

Republished in 2008 by Order of the City Council

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[Figure]

OFFICIALS

of the

CITY OF

OCEANSIDE, CALIFORNIA

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Esther C. Sanchez

Mayor

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Eric Joyce

Deputy Mayor/District 1 Councilmember

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Rick Robinson

Councilmember—District 2

Jimmy Figueroa

Councilmember—District 3

Peter Weiss

Councilmember—District 4

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Phyllis Dominguez

Treasurer

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Zeb Navarro

City Clerk

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Jonathan Borrego

City Manager

PREFACE

This Code constitutes a Republication of the 1962 Code and amendatory ordinances adopted through October 1, 2008, of the City of Oceanside California.

The chapters of the Code are arranged in alphabetical order and the sections are catchlined to facilitate usage. Footnotes which tie related sections of the Code together and which refer to relevant state law have been included. The source of each section is indicated by the history notice appearing in parentheses at the end thereof. By use of the Comparative Table appearing in the back of the volume, ordinances included herein beginning with Ordinance No. 69-41, can be readily found in the Code.

Numbering System

The numbering system used in this Code is the same system used in many state and local government codes. Each section number consists of two (2) component parts separated by a period, the figure before the period representing the chapter number and the figure after the period referring to the position of the section within the chapter. Thus, the first section of Chapter 1 is numbered 1.1 and the sixteen section of Chapter 21 is 21.16. Under this system, each section is identified with its chapter and at the same time new sections or even whole chapters can be inserted in their proper place simply by using the alphabet for amendments. By way of illustration: If new material consisting of three sections that would logically come between sections 1.4 and 1.5 is desired to be added, such new sections would be numbered 1.4.1, 1.4.2 and 1.4.3. respectively. If the new material is to be included between Chapters 4 and 5, it will be designated as Chapter 4A. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters. New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject, the next successive number shall be assigned to the new article or division.

Index

The index has been prepared with the greatest of care. Each particular item has been placed under several headings, some of the headings being couched in lay phraseology, others in legal terminology, and still others in language generally used by local government officials and employees. There are numerous cross references within the index itself which stand as guideposts to direct the user to the particular item in which the user is interested.

Looseleaf Supplements

A special feature of this Code is the looseleaf system of binding and supplemental service, by which the Code will be kept up-to-day periodically. Upon the final passage of amendatory ordinances, they will be properly edited and the page or pages affected will be reprinted. These new pages will be distributed to holders of copies of the Code, with instructions for the manner of inserting the new pages and deleting the obsolete pages.

The successful maintenance of this Code up-to-date at all times will depend largely upon the holder of the publication. As revised sheets are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publisher that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes.

Acknowledgments

The publication of this Code was under the direct supervision of Eric Grant, Vice President, and Jessica Buchholz and Janet Cramer, Editors, 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 would also like to extend their appreciation to the City Officials of Oceanside for their assistance and cooperation in the preparation of the manuscript of this publication. The publishers are most grateful to John Guthrie, Records Manager, Clerk's Office. Barbara K. Bishop-Smith, City Clerk for her cooperation and interest. It is hoped that her 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.

ADOPTION OF CODE

ORDINANCE NO. 64-30

AN ORDINANCE OF THE CITY OF OCEANSIDE ADOPTING BY REFERENCE A RECODIFICATION, COMPILATION AND CONSOLIDATION OF CERTAIN ORDINANCES OF GENERAL AND PERMANENT NATURE OF THE CITY OF OCEANSIDE CONSTITUTING A CODE ENTITLED "THE CODE OF THE CITY OF OCEANSIDE, CALIFORNIA"; ADOPTION BY REFERENCE SECONDARY CODES THEREIN CONTAINED, AND REPEALING CERTAIN ORDINANCES.

The City Council of the City of Oceanside, California, DOES ORDAIN as follows:

Section 1. There is hereby adopted by the City Council that certain Code entitled "The Code of the City of Oceanside, California", containing certain ordinances of a general and permanent nature as complied, consolidated, codified and indexed in Chapters 1 to 37, both inclusive, of which Code not less than three copies have been and are now filed in the office of the City Clerk, and which is hereby referred to and adopted by reference as if incorporated and set out in length in this ordinance.

Section 2. The provisions of such Code shall be in force on and after September 1, 1964, and all ordinances of a general and permanent nature in force on June 26, 1963, and not contained in such Code are hereby repealed from and after September 1, 1964, except as hereinafter provided.

Section 3. The repeal provided for in the preceding section of this ordinance shall not affect any of the following:

A. Any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before September 1, 1964;

B. Any ordinance or resolution promising or guaranteeing the payment of money for the City or authorizing the issue of any bonds of the City or any evidence of the City's indebtedness or any contract or obligation assumed by the City;

C. The Annual tax levy;

D. Any right or franchise conferred by ordinance or resolution of the City on any person or corporation;

E. Any ordinance relating to the salaries of the City officials or employees;

F. Any ordinance annexing territory to the City;

G. Any ordinance naming, opening, accepting or vacating streets or alleys in the City;

H. Any ordinance relating to zoning;

I. Any ordinance adopted on final reading and passage after June 26, 1963;

J. The business license ordinance and license schedule of the City;

K. Any ordinance regulating motor vehicles and traffic not included in such Code;

L. The Uniform Fire Code and Ordinance No. 63-48;

M. Nor shall it affect Ordinances 466; 572; 598; 58-13, and 60-10, all of which constitute the Electrical Code.

Section 4. Whenever in the Code adopted by this ordinance or in any other ordinance of the City any act is prohibited or is made or declared to be unlawful or an offense, or the doing of any act is required or the failure to do any act is declared to be unlawful or a misdemeanor, where no specific penalty is provided therefor, the violation of any such provision of such Code or any other ordinance of the City shall be punished by a fine not exceeding Five Hundred Dollars ($500.00) or imprisonment for a term not exceeding six (6) months, or by both such fine and imprisonment.

Every day any violation of such Code or any other ordinance of the City shall continue shall constitute a separate offense.

Section 5. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance and the Code hereby adopted are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance and the Code hereby adopted shall be declared unconstitutional or otherwise invalid by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance or the Code hereby adopted.

Section 6. The City Clerk of the City of Oceanside is directed to publish this ordinance once, within fifteen (15) days after its passage, in the Daily Blade-Tribune, a newspaper of general circulation published in said City of Oceanside.

Section 7. This ordinance shall take effect and be in force on September 1, 1964.

PASSED, ADOPTED, AND ORDERED PUBLISHED by the City Council of the City of Oceanside, California, this 22nd day of July, 1964, by the following vote:

AYES: Sklar, Jones, McComas, Turnbull, and Wright

NAYS: None

ABSENT: None

ATTEST:

PROCEDURE FOR PASSING ORDINANCES AFTER CITY CODE IS IN EFFECT

1. Before drafting a new ordinance, check the City Code index to determine if sections of similar subject matter are contained in the Code.

2. If sections with similar subject matter are found to be in the Code, compare them against what is to be stated in the new ordinance.

3. If the existing sections in the Code can adequately cover the situation by being amended, the new ordinance should simply amend these sections.

Example: "Section 10.8 is hereby amended to read as follows:"

OR

"Sections 10.5 to 10.8 are hereby amended to read as follows:"

"Section 10.5 …"

"Section 10.6 …"

If new sections are to be added to an existing chapter in the Code and such section or sections are to be added between sections now in such chapter, the new sections added should be designated as follows:

Example: If new sections are to be added between sections numbered 10.5 and 10.6, such new sections should be numbered 10.5.1 and 10.5.2, etc. On the other hand if new sections are added between sections numbered 10-5 and 10-6, they should be numbered 10-5.1, 10-5.2, etc.

4. If the new ordinance will completely supersede the sections in the Code and it is impractical for any reason to amend the existing sections of the Code, the new ordinance should repeal the sections in the Code which will be superseded by stating in the ordinance that "Sections … to … of the City Code are hereby repealed."

5. If the new ordinance covers a subject which is not contained in the Code, it may be added to the Code as a new chapter in the proper alphabetical arrangement. If this new chapter would fall between old chapters 10 and 11, it would be numbered "10A," and the sections of Chapter 10A should be numbered 10A.1, 10A.2, etc., or 10A-1, 10A-2, etc., depending on whether the existing sections of the Code are numbered with the decimal or dash system.

If there is any question as to the proper placement of a new ordinance covering a subject not contained in the Code, make no reference to sections of the Code. This new ordinance will be worked into the Code in the proper place when the next supplement is prepared.

6. When a supplement is prepared replacement pages containing the new ordinance material will be returned for insertion in the Codes.