Santa Ana Municipal Code Div. 2 Ordinances and Resolutions

Every ordinance shall be introduced in writing. A copy of each ordinance and written resolution shall be available in the council's chambers for public inspection during any council meeting at which the same is to be passed or adopted. No ordinance shall be passed finally on the day it is introduced, except for emergency ordinances as hereinafter defined in Section 415, nor within six (6) days thereafter, nor at any time other than at a regular or adjourned regular meeting. A proposed ordinance may not be amended or modified between the time of its first reading and the time of its second reading, except for correction of typographical or clerical errors. Any alterations, other than typographical or clerical corrections, shall cause the ordinance to be subject to a new first reading. The rights and powers conferred on the City Council shall be exercised by ordinance, resolution or motion as may be prescribed by the Constitution or Laws of the State of California, and the provisions of this Charter; provided, that each act of the City Council establishing a fine or other penalty or granting a franchise shall be by ordinance.

No order for the payment of money shall be adopted or made at any other than a regular or adjourned regular meeting, except when a state of emergency has been declared or at an emergency meeting properly convened.

All ordinances and written resolutions shall be signed by the mayor and attested by the City Clerk as soon as possible, but no later than 72 hours from its adoption by the Council. If the mayor is not available or does not sign an ordinance or resolution, the City Clerk shall first ask the mayor pro tem to sign and then any Councilmember who voted to approve the ordinance or resolution.

(Prop. of 2-4-63, approved on 4-2-63; Res. No. 63-027; Ord. No. NS-1405, 3-13-78, approved at election 6-6-78; Ord. No. NS-2715, 7-3-06, approved at election 11-7-06; Res. No. 2022-044, 8-2-22, approved at the election 11-8-22)

The enacting clause of all ordinances shall be substantially as follows: "The City Council of the City of Santa Ana does ordain as follows:"

Any ordinance declared by the City Council to be necessary as an emergency measure for preserving the public peace, health, or safety, and containing a statement of the reasons for its urgency, may be introduced and adopted at one and the same meeting if passed by the affirmative votes of at least two-thirds (⅔) of the members of the council.

(Prop. of 2-4-63, approved on 4-2-63; Res. No. 63-027)

Except as otherwise provided elsewhere in this charter, and with the exception of ordinances which take effect immediately upon adoption, no ordinance shall be adopted unless (a) it is first passed for publication of title, (b) the title of the ordinance is published as hereinafter provided in this section, and (c) at least six (6) days have elapsed between the date it was passed for publication of title and the date it is adopted. The title of an ordinance shall be deemed to have been "published," as said term is hereinabove used in this section if such title is printed in a newspaper of general circulation in the City no later than the third day immediately preceding the date of its adoption. No part of any ordinance, or proposed ordinance, other than its title, need be published.

(Ord. No. NS-1405, 3-13-78, approved at election 6-6-78)

Except as otherwise provided in this charter, each adopted ordinance shall become effective at the expiration of thirty (30) days after adoption or at any later date specified therein.

The following ordinances shall take effect immediately upon adoption:

(a) An ordinance calling or otherwise relating to an election;

(b) An ordinance adopted pursuant to a state law by virtue of which such ordinance shall be effective immediately;

(c) An ordinance declaring the amount of money necessary to be raised by taxation, or fixing the rate of taxation, or levying the annual tax upon property;

(d) An emergency ordinance adopted in the manner provided for in this charter;

(e) An ordinance providing for an appropriation for the usual current expenses of the City;

(f) An ordinance relating to a bond issue.

Nothing contained in this section shall be deemed to require an ordinance when an ordinance is not otherwise required.

(Ord. No. NS-1405, 3-13-78, approved at election 6-6-78)

No section of any ordinance or of any code shall be amended unless the whole section to be amended is set forth as amended.

(Ord. No. NS-1405, 3-13-78, approved at election 6-6-78)

Any or all ordinances of the City which have been enacted and published in the manner required at the time of their adoption and which have not been repealed, may be compiled, consolidated, revised, indexed, and arranged in a comprehensive ordinance code, and such code may be adopted by reference by the passage of an ordinance for such purpose. Such code need not be published in the manner required for other ordinances, but not less than one (1) copy thereof shall be filed for use and examination in the office of the City Clerk prior to the adoption thereof; and, in lieu of the publication of the ordinance, there shall be published a notice in the official newspaper describing the ordinance in brief and in general terms and stating that the code is available for public inspection at the office of the City Clerk, together with the time and place when and where it will be considered for final passage. Ordinances codified shall be repealed as of the effective date of the code. Subsequent amendments to sections of the code shall be enacted in the same manner as herein required for the amendment of ordinances generally.

Detailed regulations pertaining to any subject such as the construction of buildings, plumbing, wiring, or other subjects which require extensive regulations, after having been arranged as a comprehensive code, may likewise be adopted by reference in the manner provided in this section.

(Ord. No. NS-1864, 8-19-86, approved at election 11-4-86; Res. No. 2022-044, 8-2-22, approved at the election 11-8-22)

State Law reference— For similar provisions, see §§ 50022.1—50022.8, Gov. Code.

The City Council may make the violation of its ordinances a misdemeanor or infraction which may be prosecuted in the name of the People of the State of California or may be redressed by civil action and may prescribe punishment for such misdemeanor or infraction in the same manner as provided in the penal code of the State of California as the same now reads or as hereafter amended.

(Ord. No. NS-1642, 8-2-82, approved at election 11-2-82)