ADOPTING ORDINANCE

ORDINANCE NO. 714

   AN ORDINANCE OF THE TOWN OF FAIRFAX, CALIFORNIA, ADOPTING AND ENACTING THE TOWN OF FAIRFAX, CALIFORNIA, MUNICIPAL CODE, AND REPLACING THE PRIOR MUNICIPAL CODE

   THE TOWN COUNCIL OF THE TOWN OF FAIRFAX, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

   Section 1.   The "Town of Fairfax, California, Municipal Code of Ordinances" published in 2006 by American Legal Publishing Corporation, consisting of titles 1 through 19, each inclusive, is adopted.

   Section 2.    This Code shall be known as the “Town of Fairfax, California, Municipal Code of Ordinances,” and it shall be sufficient to refer to said Code as the “Fairfax Municipal Code” in any prosecution for the violation of any provision of this Code or in any proceeding at law or equity. It is sufficient to designate any Ordinance adding to, amending, correcting, or repealing all or any part or portion of this Code as an addition to, amendment to, correction or repeal of the “Fairfax Municipal Code.” References may be made to the titles, chapters, sections, and subsections of the “Fairfax Municipal Code” and such references shall apply to those titles, chapters, sections, or subsections as they appear in the Code. The “Fairfax Municipal Code” may also be referred to as the “FMC.”

   Section 3.    Any ordinances, title, chapter, and section headings, including but not limited to the polystyrene ordinance and the sidewalk ordinance (Ordinance No. 713), contained in this publication of the Code shall not be deemed to govern, limit, modify, or in any manner address the effectiveness, scope, meaning, or intent of the provisions of any existing ordinance, title, chapter, or section of this publication of the Code, or the previous publication of the code.

   Section 4.   The provisions of this Code shall not in any manner affect matters of record which refer to, or are otherwise connected with, Ordinances which are therein specifically designated by number or otherwise and which are included within the Code, but such reference shall be construed to apply to the corresponding provisions contained within this Code.

   Section 5.   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 the 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 6.   References in Town forms, documents, and regulations to the chapters and sections of the former Town Code shall be construed to apply to the corresponding provisions contained within this Code.

   Section 7.    Additions or amendments to the Code, when passed in such form as to indicate the intention of the Council to make the same a part of the Code, shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments.

   Section 8.   The prior Fairfax Town Code is hereby replaced with the "Town of Fairfax, California, Municipal Code of Ordinances" published in 2006, hereby enacted through the adoption of this ordinance.

   Section 9.    This ordinance shall take effect and be in force on the thirtieth day from and after its final passage.

   Section 10.   If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance 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 of this Ordinance. The Town Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsection, subdivision, sentence, clause, phrase, or portion thereof be declared invalid or unconstitutional.

   Section 11.   The Town Clerk shall certify to the adoption of this Ordinance and cause copies of the same to be posted, within fifteen (15) days after its final passage and adoption, in three public places in the Town of Fairfax, to wit: (a) Bulletin Board, Fairfax Town Offices, Town Hall; (b) Bulletin Board, Fairfax Post Office; and (c) Bulletin Board, Fairfax Women's Club Building, which said places are hereby designated for that purpose.

   The foregoing ordinance was duly and regularly introduced at a regular meeting of the Town Council of the Town of Fairfax held in said town on the 7th day of June, 2006, and thereafter adopted on the 2nd day of August, 2006 by the following vote, to wit:

AYES:      Bragman, Brandborg, Tremaine, Weinsoff

NOES:      None

ABSENT:   Maggiore

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SUSAN BRANDBORG, MAYOR

Attest:

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Town Clerk