ADOPTING ORDINANCE

Ordinance No. 1016

   AN ORDINANCE OF THE CITY OF SANTA PAULA ENACTING A MUNICIPAL CODE, REVISING, AMENDING, RESTATING, CODIFYING AND COMPILING CERTAIN EXISTING GENERAL ORDINANCES OF THE CITY OF SANTA PAULA DEALING WITH SUBJECTS EMBRACED IN SUCH MUNICIPAL CODE

   WHEREAS, the present general and permanent ordinances of the City of Santa Paula are inadequately arranged and classified and are insufficient in form and substance for the complete preservation of the public peace, health, safety and general welfare of the municipality and for the proper conduct of its affairs; and

   WHEREAS, the Acts of the Legislature of the State of California empower and authorize the City of Santa Paula to revise, amend, restate, codify and compile any existing ordinances and all new ordinances not previously adopted or published and to incorporate such ordinances into one ordinance in book form; and

   WHEREAS, the City Council has authorized a general compilation, revision and codification of the ordinances of the City of Santa Paula of a general and permanent nature and publication of such ordinance in book form; and

   WHEREAS, it is necessary to provide for the usual daily operation of the municipality and for the immediate preservation of the public peace, health, safety and general welfare of the municipality that this ordinance take effect at an early date.

   NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA PAULA DOES ORDAIN AS FOLLOWS:

   Section 1.   Adoption. Pursuant to the provisions of Sections 50022.1 - 50022.8 and 50022.10 of the Government Code, there is hereby adopted the "Santa Paula Municipal Code" as published by American Legal Publishing, together with those secondary codes adopted by reference as authorized by the California State Legislature, save and except those portions of the secondary codes as are deleted or modified by the provisions of the "Santa Paula Municipal Code".

   Section 2.   Title, Citation, Reference. This Code shall be known as the "Santa Paula Municipal Code" and it shall be sufficient to refer to said code as the "Santa Paula Municipal Code" in any prosecution for the violation of any provision thereof or in any proceeding at law or equity. It shall be sufficient to designate any ordinance adding to, amending, correcting or repealing all or any part or portion thereof as an addition to, amendment to, correction or repeal of the "Santa Paula Municipal Code". Further reference may be had to the titles, chapters, sections and subsections of the "Santa Paula Municipal Code" and such references shall apply to that numbered title, chapter, section or subsection as it appears in the Code.

   Section 3.   Codification Authority. This Code consists of all the regulatory and penal ordinances and certain of the administrative ordinances of the City of Santa Paula, California, codified pursuant to the provisions of Sections 50022.1 - 50022.8 and 50022.10 of the Government Code.

   Section 4.   Reference Applies to All Amendments. Whenever a reference is made to this Code as the "Santa Paula Municipal Code" or to any portion thereof, or to any ordinance of the City of Santa Paula, California, the reference shall apply to all amendments, corrections and additions heretofore, now or hereafter made.

   Section 5.   Title, Chapter, and Section Headings. Title, chapter and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any title, chapter or section thereof.

   Section 6.   Reference to Specific Ordinances. 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 7.   Effect of Code on Past Actions and Obligations. Neither the adoption of this Code nor the repeal or amendment hereby or any ordinance or part or portion of any ordinance of the City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date, hereof, nor be construed as a waiver of any license, fee, or penalty at said effective date due and unpaid under such circumstances, nor be construed as affecting any of the provisions of such ordinances relating to the collection of any such license, fee, or penalty, or the penal validity of any bond or cash deposit in lieu thereof required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect; and further, provided, such repeal shall not affect any offense committed or penalty incurred or any right established prior to the effective date of this ordinance, nor shall such repeal affect the provisions of ordinances levying taxes, appropriating money, annexing or detaching territory, establishing franchises, or granting special rights to certain persons, authorizing public improvements, authorizing the issuance of bonds or borrowing of money, authorizing the purchase or sale of real or personal property, granting or accepting easements, plat or dedication of land to public use, vacating or setting the boundaries of streets or other public places; nor shall such repeal affect any other ordinance of a temporary or special nature or pertaining to subjects not contained in or covered by this Code.

   Section 8.   Effective Date. This Code shall become effective on the date the ordinance adopting this Code as the "Santa Paula Municipal Code" shall become effective.

   Section 9.   Constitutionality. If any section, subsection, sentence, clause or phrase 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. The Council hereby declares that it would have passed this Code, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases had been declared invalid or unconstitutional, then the original or ordinances shall be in full force and effect.

   Section 10.   Such Municipal Code as adopted in Section 1 shall consist of the following Titles:

            Title I:      General Provisions

            Title III:   Administration

            Title V:   Public Works

            Title VII:   Traffic Code

            Title IX:   General Regulations

            Title XI:   Business Regulations

            Title XIII:   General Offenses

            Title XV:   Land Usage

            Table of Special Ordinances

            Parallel Reference

   Section 11.   Such Code shall be deemed published as of the day of its adoption and approval by the City Council and the City Clerk is hereby authorized and ordered to file a copy of such Municipal Code in the Office of the City Clerk.

   Section 12.   Such Code shall be in full force and effect, and such Code shall be presumptive evidence in all courts and places of the ordinance and all provisions, sections, penalties and regulations therein contained and of the date of passage, and that the same is properly signed, attested, recorded and approved and that any public hearings and notices thereof as required by law have been given.

   This Ordinance shall become effective on the 31st day after its adoption.

   PASSED, APPROVED and ADOPTED by the City Council of the City of Santa Paula on this 17th day of November, 1997.

   Robin S.Sullivan/s/   

   Robin S. Sullivan, Mayor

ATTEST:

Victor M. Salas, Sr./s/

Victor M. Salas, Sr.

City Clerk

Approved as to form:

Philip H. Romeny/s/

Philip H. Romney

City Attorney

Approved as to content:

Murray L. Warden/s/

Murray L. Warden

Interim City Manager

STATE OF CALIFORNIA)

COUNTY OF VENTURA) ss

CITY OF SANTA PAULA)

   I, Victor M. Salas, Sr., City Clerk of the City of Santa Paula, do hereby certify that the above and foregoing Ordinance No. 1016 was duly passed and adopted by the City Council of the City of Santa Paula at a regular meeting held thereof on November 17, 1997 by the following vote:

   Ayes:      Councilwoman Espinosa, Councilmembers Garfield and Melton, Mayor Pro Tem Johnson and Mayor Sullivan

   Noes:      None

   Abstain:   None

   Absent:   None

   IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City this 18th day of November, 1997.

   Victor M. Salas, Sr./s/

   Victor M. Salas, Sr., City Clerk