PREFACE
ADELANTO MUNICIPAL CODE

The Adelanto Municipal Codes is the collection of City ordinances that the City Councils have adopted over the years. It is a living document and is continually amended to better reflect the community standards that the citizens have expressed to the City leaders.

The City is granted the authority to create these local ordinances that become law through provisions of the California Government Code. Copies of the Adelanto Municipal Code are available as an electronic searchable version or in the City Clerk's office.

This Municipal Code contains those ordinances of a general and permanent nature enacted from time to time and those ordinances which are considered desirable for retention. If you are unable to find what you are looking for online, please call 760-246-2300 ext. 3018 for additional assistance.

What is an Ordinance?

Ordinances are the laws of the Municipality (city). City Councils may pass Ordinances which become the City's Municipal Code. These Ordinances or laws may be passed by the City Council as long as they are not in conflict with federal or state laws.

An Ordinance is the most binding form of action taken by the City Council, and violations may be either a misdemeanor or an infraction depending upon the way the Ordinance is written.

What is a Resolution?

A Resolution constitutes a written action or decision. However, it does not demand the legal processing required of an Ordinance. A Resolution is generally introduced and adopted at the same meeting.

How is an Ordinance approved?

Approval of an Ordinance requires a first and second reading. With a few special exceptions, Ordinances take effect 30 days after they are adopted (at the second reading). Ordinances must be signed by the Mayor and attested by the City Clerk.

I. HOW TO USE THE ADELANTO MUNICIPAL CODE

This code is organized to make the laws of the city as accessible as possible to city officials, city employees and private citizens. Please take a moment to familiarize yourself with some of the important elements of this code.

Numbering System. The numbering system is the backbone of a code of ordinances; American Legal Publishing uses a unique and versatile numbering structure that allows for easy expansion and amendment of this code. It is based on three tiers, beginning with title, then chapter, and ending with section. Each part is represented in the code section number. For example, Section 2.040.010 is Section .010, in Chapter 2.04 of Title 2.

Title. A title is a broad category under which ordinances on a related subject are compiled. For example, the first title is Title 1, General Provisions, which may contain ordinances about the general penalty, code adoption and definitions. The titles in this code are separated by tabbed divider pages for quick reference. Some titles are Reserved for later use.

Chapter. Chapters deal with more specific subjects, and are often derived from one ordinance. All of the chapters on a related subject are grouped in one title. The chapters are numbered so that new chapters which should logically be placed near certain existing chapters can be added at a later time without renumbering existing material. For example, Chapter 2.06, City Manager, can be added between 2.04, City Council, and Chapter 2.08, City Attorney.

Section. Each section of the code contains substantive ordinance material. The sections are numbered by "tens" to allow for expansion of the code without renumbering.

Table of Contents. There are many tables of contents in this code to assist in locating specific information. At the beginning of the code is the main table of contents listing each title. In addition, each title and chapter has its own table of contents listing the chapters and sections, respectively.

Ordinance History Note. At the end of each code section, you will find an "ordinance history note," which lists the underlying ordinances for that section. The ordinances are listed by number, section (if applicable) and year (example: [Ord. No. 332, Section 1, adopted 5/27/97.]). The notation "(part)" is used when the code section contains only part of the ordinance (or section of the ordinance) specified; this indicates that there are other areas of the code affected by the same ordinance (or section of the ordinance).

References to Ordinances Table. To find a specific ordinance in the Code, turn to the section called "Tables" for the References to Ordinances. This table tells you the status of ordinances included in the Code beginning with Ordinance 415. The table is organized by ordinance number and provides the disposition of the ordinance. If the ordinance is codified, the Code section will be indicated. (Example: 2.04.060.) When an ordinance is repealed, the disposition will be changed to "(Repealed by Ord….)" with the appropriate ordinance number.

Statutory References. The statutory references direct the code user to those portions of the state statues that are applicable to the laws of the municipality.

Index. An index to the Code is located at the back of the code book.

Instruction Sheet. Each supplement to the new Code will be accompanied by an Instruction Sheet. This guide will list the pages that must be pulled from the Code and the new pages that must be inserted. Following these instructions carefully will assure that the Code is kept accurate and current.

II. PROCEDURE FOR DRAFTING ORDINANCES

This Code has been codified using a logical, expandable numbering system to allow for additions, repeals or amendments. When drafting ordinances, it is important to designate, within the ordinance, what specific portions of the Code are affected. The ordinance(s) underlying the section being changed can be determined from the ordinance history note in parentheses at the end of each section.

Effect of Title.

The title of an ordinance and any introductory language appearing before the ordaining clause has no legal effect. The title may state that the ordinance repeals (or amends or adds) certain provisions, but in order for these changes to be effective, the intended repeal, amendment or addition must be set out following the ordaining clause.

Procedure When Amending Existing Code Material.

Amend the Code section specifically. The underlying ordinance section may also be included.

Examples:   § 3.04.020 of the ____________ Municipal Code is amended to read as follows:

      § 3 of Ord. 319 and § 3.04.020 of the ____________ Municipal Code are amended to read as follows:

If only a portion of a section is being amended, designate the specific portion:

Example:   § 3.04.050(A)(2) of the ____________ Municipal Code is amended to read as follows:

Procedure When Repealing Existing Code Material.

When repealing material, designate the specific portion of the Code to be repealed. Include the underlying ordinance section if you wish; however, we consider both Code section and underlying ordinance to be repealed whether you mention the underlying ordinance or not.

Examples:   § 3.04.020 of the ____________ Municipal Code is repealed.

      § 3 of Ord. 319 and § 3.04.020 of the ____________ Municipal Code are repealed.

      Subsection B of § 3.04.020 of the ____________ Municipal Code is repealed.

Procedure When Adding New Material to Code.

When new provisions are to be added to the Code, you should determine where the material would best fit within the subject matter of the existing section, chapter or title. If there is no existing section, chapter or title, you should assign a new section, chapter or title number. Our expandable decimal numbering system is designed to allow for the incorporation of new material without disturbing the numbering system of existing material.

The following language is sufficient to locate new material in the Code:

   Subsection D is added to § 5.10.040 of the ____________ Municipal Code, to read as follows:

   § 5.10.040 of the ____________ Municipal Code, to read as follows:

   Chapter 12.07 is added to the ____________ Municipal Code, to read as follows:

If you have any questions as to the proper placement of a new provision, please contact us.