CITY OF RANCHO SANTA MARGARITA MUNICIPAL CODE

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Published in 2006 by Order of the City Council

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[Figure]

CURRENT OFFICIALS

of

RANCHO SANTA MARGARITA, CALIFORNIA

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L. Anthony Beall, Mayor

Anne D. Figueroa, Mayor Pro Tempore

Keri Lynn Baert, Council Member

Jerry Holloway, Council Member

Bradley J. McGirr, Council Member

City Council

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Jennifer M. Cervantez

City Manager

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Gregory E. Simonian

City Attorney

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Amy Diaz

City Clerk of

RANCHO SANTA MARGARITA, CALIFORNIA

AT THE TIME OF THIS CODIFICATION

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James M. Thor, Mayor

L. Anthony Beall, Mayor Pro Tempore

Neil C. Blais, Council Member

Jerry Holloway, Council Member

Gary Thompson, Council Member

City Council

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Steven E. Hayman

City Manager

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John E. Cavanaugh

City Attorney

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Deborah L. Wolff

City Clerk

PREFACE

This Code constitutes a codification of the general and permanent ordinances of the City of Rancho Santa Margarita, California.

Source materials used in the preparation of the Code were the Orange County Code (OCC) as adopted by the City and ordinances 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 ordinance included herein.

The Code has been arranged in titles, and the various sections within each title 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.

Page Numbering System

The page numbering system used in this Code 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 title of the Code, the number to the left of the colon indicates the number of the title. 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:

Index

The index has been prepared with the greatest of care. Each particular item has been placed under several headings, some of which are 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 publication is the looseleaf system of binding and supplemental servicing of the publication. With this system, the publication will be kept up-to-date. Subsequent amendatory legislation will be properly edited, and the affected page or pages will be reprinted. These new pages will be distributed to holders of copies of the publication, with instructions for the manner of inserting the new pages and deleting the obsolete pages.

Keeping this publication up-to-date at all times will depend largely upon the holder of the publication. As revised pages 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

This publication was under the direct supervision of Roger D. Merriam, Senior Code Attorney, and Diana Harper, Senior Legal Technician/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 Ms. Deborah Wolff, City Clerk, and Mr. John Cavanaugh, City Attorney, 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 that will make the active law of Rancho Santa Margarita readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of Rancho Santa Margarita's affairs.

Copyright

All editorial enhancements of this Code are copyrighted by Municipal Code Corporation and Rancho Santa Margarita, California. Editorial enhancements include, but are not limited to: organization; table of contents; section catchlines; pretitle 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 Rancho Santa Margarita, California.

© Copyrighted material. Municipal Code Corporation and Rancho Santa Margarita, California. 2006.

ORDINANCE NO. 06-02

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO SANTA MARGARITA, CALIFORNIA, ADOPTING AND ENACTING THE CITY OF RANCHO SANTA MARGARITA MUNICIPAL CODE; REPEALING CERTAIN ORDINANCES NOT INCLUDED THEREIN; AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF.

The City Council of the City of Rancho Santa Margarita does ordain as follows:

WHEREAS, upon its incorporation on January 1, 2000, the City of Rancho Santa Margarita adopted the Orange County Code by reference.

WHEREAS, since incorporation, the City has adopted a number of ordinances supplementing, changing, or otherwise superseding various provisions of the adopted Orange County Code.

WHEREAS, the City now wishes to adopt a Municipal Code tailored to the unique needs and characteristics of the City of Rancho Santa Margarita.

NOW, THEREFORE, the City Council of the City of Rancho Santa Margarita does ordain as follows:

SECTION 1. The "City of Rancho Santa Margarita Municipal Code", published by Municipal Code Corporation, consisting of Titles 1 through 12, inclusive, is adopted.

SECTION 2. This Code shall be known as the "City of Rancho Santa Margarita Municipal Code" and it shall be sufficient to refer to said Code as the "Rancho Santa Margarita Municipal Code" or "RSMMC" in any prosecution for the violation of any provision of this Code or in any proceeding at law or in equity.

SECTION 3. All ordinances of a general and permanent nature enacted on or before June 30, 2005, and not included in this Code or recognized and continued in force by reference therein, are repealed with the exception of the Zoning Code. This repeal shall not be construed as reviving any ordinance or part thereof that has been repealed by an ordinance hereby repealed.

SECTION 4. Any person convicted of a misdemeanor under the provisions of this Code shall be punishable by a fine of not more than One Thousand Dollars ($1,000), or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment. Except as provided, any person convicted of an infraction under the provisions of this Code shall be punishable for a first conviction by a fine of not more than One Hundred Dollars ($100), for a second conviction within a period of one year by a fine of not more than Two Hundred Dollars ($200), and for a third or any subsequent conviction within a period of one year by a fine of not more than Five Hundred Dollars ($500). Any person convicted of an infraction under the building and safety provisions of this Code shall be punishable for a first conviction by a fine of not more than One Hundred Dollars ($100), for a second conviction within a period of one year by a fine of not more than Five Hundred Dollars ($500), and for a third or any subsequent conviction within a period of one year by a fine of not more than One Thousand Dollars ($1000). Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Code is committed, continued, or permitted by such person and shall be punishable accordingly. The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any Code section, whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the City may pursue other remedies such as abatement of nuisances, injunctive relief and revocation of licenses or permits.

SECTION 5. Title, chapter and section headings contained in this Code 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 in this Code.

SECTION 6. Additions or amendments to this Code when passed in such form as to indicate the intention of the City to make the same a part of this Code shall be deemed to be incorporated in this Code, so that reference to the Code includes the additions and amendments.

SECTION 7. Ordinances adopted after June 30, 2005, which amend or refer to ordinances that have been codified in this Code shall be construed as if they amend or refer to like provisions of this Code.

SECTION 8. References in City forms, documents, and regulations to the chapters and sections of the former City-adopted Orange County Code shall be construed to apply to the corresponding provisions contained within this Code.

SECTION 9. The adoption of this Code does not affect prosecutions for Ordinance violations committed prior to the effective date of this Code, does not waive any fee or penalty due and unpaid on the effective date of this Code, and does not affect the validity of any bond or cash deposit posted, filed, or deposited pursuant to the requirements of any ordinance.

SECTION 10. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part hereof, for any reason is held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part hereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective.

SECTION 11. This Ordinance shall take effect thirty (30) days after its adoption. The City Clerk or his or her duly appointed deputy, shall certify to the adoption of this Ordinance and shall cause this Ordinance to be published as required by law.

PASSED, APPROVED, AND ADOPTED this 25th day of January, 2006, by vote as follows:

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James M. Thor, Mayor

Attest: ___________ Debbie Wolff, City Clerk

I, Debbie Wolff, City Clerk of the City of Rancho Santa Margarita, California, DO HEREBY CERTIFY that the foregoing Ordinance No. 06-02 was regularly introduced and placed upon it first reading at a regular meeting of the City Council on the 11th day of January, 2006, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 25th day of January, 2006.

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DEBBIE WOLFF, CITY CLERK