Yuba County Municipal Code Ch. 1.30 Alternative Procedure for Publication of Ordinances

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State Law reference— Publication of ordinances, Government Code § 25124.

This Chapter is adopted pursuant to the authority of Government Code § 25124(b) to provide an alternative to the requirements for publication of ordinances in Government Code § 25124(a).

(Prior Code, § 1.30.010; Ord. No. 854)

In the discretion of the County Counsel and at his or her direction, the Clerk of the Board of Supervisors may, rather than comply with the requirements of Government Code § 25124(a), publish a summary of a proposed ordinance or proposed amendment to an existing ordinance. Such summary shall be prepared by the County Counsel.

(Prior Code, § 1.30.020; Ord. No. 854)

The above summary shall be published and a certified copy of the full text of the proposed ordinance shall be posted in the Office of the Clerk of the Board of Supervisors at least five days prior to the meeting of the Board of Supervisors at which the proposed ordinance or amendment or alteration thereto is to be adopted.

(Prior Code, § 1.30.030; Ord. No. 854)

Within 15 days after adoption of the ordinance or amendment, the Clerk of the Board shall cause to be published a summary of the ordinance or amendment with the names of those supervisors voting for and against the ordinance or amendment and the Clerk shall post in the Office of the Clerk of the Board of Supervisors a certified copy of the full text of such adopted ordinance or amendment along with the names of those supervisors voting for and against the ordinance or amendment.

(Prior Code, § 1.30.040; Ord. No. 854)

If the County Counsel determines that it is not feasible to prepare a fair and adequate summary of the proposed or adopted ordinance or amendment, and if the Board of Supervisors so orders, a display advertisement or at least one-quarter of a page in a newspaper of general circulation in the County shall be published at least five days prior to the meeting of the Board of Supervisors at which the proposed ordinance or amendment or alteration thereto is to be adopted. Within 15 days after adoption of the ordinance or amendment, a display advertisement of at least one-quarter of a page shall be published. The advertisement shall indicate the general nature of, and provide information about, the proposed or adopted ordinance or amendment, including information sufficient to enable the public to obtain copies of the complete text of such ordinance or amendment, and the names of those supervisors voting for and against the ordinance or amendment.

(Prior Code, § 1.30.050; Ord. No. 854)

Except as otherwise provided herein, the County Counsel may, in his or her discretion, direct that either the procedure outlined by this Chapter or the procedure set forth in Government Code § 25124(a) be followed.

(Prior Code, § 1.30.060; Ord. No. 854)

If any section, subsection, sentence, clause, phrase, provision or portion of this Chapter, or the application thereof to any person or circumstances, 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 or provisions of this Chapter or their applicability to distinguishable situations or circumstances. In enacting this Chapter, it is the desire of the Board of Supervisors to validly regulate to the full measure of its legal authority in the public interest, and to that end, the Board of Supervisors declares that it would have adopted this Chapter and each section, subsection, sentence, clause, phrase, provision, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof might be declared invalid or unconstitutional in whole or in part, as applied to any particular situation or circumstances, and to this end the provisions of this Chapter are intended to be severable.

State Law reference— Similar provisions, Government Code § 23.