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Home My WebLink AboutCC ORD 1966-1128ORDINANCE NO. 1128 AN ORDINANCE OF THE CITY OF NATIONAL CITY ADOPTING A MUNICIPAL CODE The City Council of the City of National City does ordain as follows: SECTION 1. Adoption of Municipal Code, That certain codification of existing ordinances of the City of National City entitled "Municipal Code", three copies whereof, in multigraphed form, are filed in the office of the City Clerk of National City, pursuant to Section 50022.6 of the Government Code of the State of California, is here- by adopted as the Municipal Code of the City of National City, SECTION 2. Adoption of General Provisions. The General Provisions set out in this Section are hereby adop- ted as a part of said Municipal Code: GENERAL PROVISIONS §§ 0000- Definitions. 0011- Interpretation. 0021- Citation. 0031- Effect of Code. 0041- Enforcement. 0051- Notices. DEFINITIONS § 0000. MEANING OF WORDS. In this Code, unless a dif- ferent meaning is apparent from the context or is specified else- where in the Code: § 0001. CITYmeans the, ar.,ea within the territorial city lim- its of the City of T*n Rp y --- h,: California, and such territory outside of this City over which the city has jurisdiction or con- trol by virtue of any constitutional provisions or any law. § 0001. 1 COUNTY means the County of San. Diego, California. $ 0001.2 STATE means the State of California. § 0002. COUNCIL means the City Council of this City. § 0003. OATH includes affirmation. § 0004. PERSON includes every natural person, firm, corpo.- ration, association, copartnership and agency. § 0005. SECTION, Article, Chapter and Division mean, re- spectively, Section, Article, Chapter and Division of this Code. § 0006. SHALL is mandatory and MAY is permissive. § 0007. WRITTEN includes all forms of legible recording. INTERPRETATION $ 0011. GENERAL. The provisions of this Code, and all proceedings under it, are to be construed to effect its objects and to promote justice. § 0012. HEADINGS. Division, Chapter, Article. and Section headings contained herein shall not govern, limit or modify,. or in any manner affect the scope, meaning, or intent of any provi- sion of this Code. § 0013. TITLES. The use of the title of any officer, em- ployee, office, board, commission, department, or ordinance shall mean such officer, employee, office, board, commission, department or ordinance of the City of :Imperial beach, unless otherwise, designated. § 0014. NUMBER. The singular number includes the plural, and the plural includes the singular. § 0014. 1 GENDER. Any gender includes the other genders. § 0014.2 TENSE. Words used in the present tense include the past and future tenses, and vice versa. § 0015. SEVERABILITY. If any section, subsection, sen- tence, clause, phrase or portion 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. § 0015. 1 INTENT. The Council would have adopted this Code and each section, sentence, clause, phrase and portion thereof, irrespective of the fact that any one or more sections, sentences, clauses, phrases or portions be invalid or uncon- stitutional. CITATION § 0021. TITLE OF CODE. This Code shall be known as the "Municipal Code", which may be abbreviated "Muni. Code" or "M. C. ". § 0022. CITING IN PROSECUTIONS. In any prosecution for the violation of any provision of this Code, it shall be sufficient to refer to the Code as the "Municipal Code"; or "Muni. Code" or "M. C. ". § 0023. AMENDATORY ORDINANCES. Any ordinance adding to, amending or repealing this Code may be designated as an.addi- tion or amendment to, or repeal of, the "Municipal Code"; or "Muni. Code" or "M. C. ". EFFECT. OF CODE § 0031. FORMER ORDINANCES. The provisions of this Code, insofar as they are substantially the same as existing provisions relating to the same subject matter, shall be construed as restate- ments and continuations thereof and not as new enactments. § 0032. PRIOR ORDINANCE VIOLATIONS. Prosecutions for violationof ordinances committed prior to the effective date of this Code shall not be affected by the adoption of the Code. § 0033. LICENSES AND PENALTIES. •. The adoption of this Code shall not be construed as a waiver of any license or penalty due and unpaid under any ordinance at the effective date of the Code; nor shall such adoption be construed as affecting any pro- vision of any ordinance relating to the collection of any such li- cense or penalty or the penal provisionsapplicable to the viola- tion thereof. § 0034. BONDS AND DEPOSITS. The adoption of this Code shall not affect the validity of any bond or cash deposit required to be posted, filed or deposited pursuant to any ordinance; and all rights and obligations thereunder shall continue in full force and effect. $ 0035. MATTERS OF RECORD. This Codeshall not affect deposits or other matters of record which refer to, or are other- wise connected with, ordinances which are therein specially des- ignated by number or otherwise and which are included in the Code; but such references shall be construed to apply to the cor- responding provisions of the Code. ENFORCEMENT § 0041.. VIOLATION. It shall be unlawful for any person to violate any provision or to fail to comply with any requirement of this Code. § 0042. MISDEMEANOR. Any person violating any provision or failing to comply with any requirement of this Code is guilty of a misdemeanor. § 0043. PENALTY. Any person convicted of a misdemeanor under the provisions of this Code (unless provision is otherwise. made herein) shall be punishable by a fine of not more than five hundred dollars ($500) or by imprisonment in. the County. Jail of the County of San Diego for a period of not more than nix months, or by both such fine add imprisonment. § 0044. SEPARATE OFFENSES. Each 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 he shall be punished accordingly. § 0045. UNLAWFUL ACTS. Whenever this Code makes any act or omission unlawful, it shall include causing, permitting, aiding, abetting, suffering, or concealing the fact of, such act or omission. § 0046. NUISANCE. In addition to the penalties hereinafter provided, any condition caused or permitted to exist in violation of any of the provisions of this Code shall be deemed a public nuisance and may be, by this City, summarily abated as such; and each day that such condition continues shall be regarded as a new and separate offense. NOTICES § 0051. SERVICE OF NOTICE. Whenever a notice is re- quired to be given under this Code, unless different provisions are otherwise specifically made herein, such notice may be given either by personal delivery thereof to the person to be notified or by deposit in the United States mail in a sealed enve- lope, postage prepaid, addressed to such person to be notified, at his last known business or residence address as the same appears in the public records or other records pertaining to the matter to which such notice is directed. Service by mail shall be deemed to have been completed at the time of deposit in the post office. 0052. PROOF OF SERVICE. Proof of giving any notice may be made by the certificate of any officer or employee of this City or by affidavit of any person over the age of eighteen years, which shows service in conformity with this Code or other provisions of law applicable to the subject matter. SECTION 3. Repeals. All ordinances and parts of ordinances in conflict with said General Provisions are hereby repealed. SECTION 4. Effective Date. This ordinance shall be effective thirty (30) days from andafter the date of its passage. PASSED AND ADOPTED by the City Council of the City of National City, California, this 24th day of -May , 19 bb , by the following vote, to -wit: AYES: Councilmen L)ynT_.Hngue,___Reid,_.�IQx4�ri NAYS: Councilmen None - ABSENT: None ATTES Mayor of the Ci y of Nati6riaf City, California I hereby approve the foregoing 5 Ordina}this_.,th day of. ..may 196 Mayor of the City of Nati al Cit{California I hereby certify that the above and foregoing is a full and true copy of . Resolution 1 I Ordinance No of the { Resolutions Ordinances } of the City of National City, California, as adopted by the City Council of said City, and approved by the Mayor of said City, on the day of 19 City Clerk of the City of National City, California. Deputy