Chapter 1.01
ADOPTION OF CODE*
Sections:
1.01.020 Codification Authority.
1.01.040 Amendments—Notations.
1.01.050 Effect of Code Adoption.
1.01.060 Reference to Specific Ordinances.
* Ord. 1170
1.01.010 Short Title.
This Code shall be known as the “Newport Beach Municipal Code,” and it shall be sufficient to refer to the Code as the “Newport Beach Municipal Code” in any prosecution for the violation of any provisions thereof. It shall also be sufficient to designate any ordinance adding to, amending, or repealing, the Code or portions thereof, as an addition or amendment to, or a repeal of, the Newport Beach Municipal Code, or a portion thereof. (1949 Code § 1100)
1.01.020 Codification Authority.
This Code consists of all regulatory, penal and certain administrative ordinances of the City, codified pursuant to the authority of City Charter Section 415 and California Government Code Sections 50022.1 through 50022.10. (Ord. 2023-22 § 2, 2023; 1949 Code § 1101)
1.01.030 Filing of Copies.
A copy of this Code shall be maintained in the office of the City Clerk. One copy of each primary code and secondary code, as defined in California Government Code Section 50022.1, which is adopted by reference, shall be filed in the office of the City Clerk in accordance with California Government Code Section 50022.6. (Ord. 2023-22 § 3, 2023; 1949 Code § 1107 (part))
1.01.040 Amendments—Notations.
Upon the adoption of any amendment or addition to this Code, or upon the repeal of any of its provisions, the City Clerk shall certify thereto and shall make an appropriate notation in the bound volumes of this Code of the taking of such action, noting thereon the number of the ordinances pursuant to which such action is taken.
Duly certified copies of every ordinance making changes to this Code shall be filed in the office of the City Clerk in books for such purpose, duly indexed for ready reference.
Every section of this Code so changed shall have printed thereon a notation of the ordinance number pursuant to which such change is adopted. (Ord. 2023-22 § 4, 2023; 1949 Code § 1107 (part))
1.01.050 Effect of Code Adoption.
Neither the adoption of this Code nor the repeal of any ordinance of this 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 or penalty at the effective date due and unpaid under such ordinances, nor be construed as affecting any of the provisions of such ordinances relating to the collection of any such license or penalty or the penal provisions applicable to any violation thereof, nor to affect the 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.
The provisions of this Code, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. (1949 Code § 1103)
1.01.060 Reference to Specific Ordinances.
The provisions of this Code shall not in any manner affect deposits or other 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 this Code, but such reference shall be construed to apply to the corresponding provisions contained within this Code. (1949 Code § 1104)
1.01.070 Severability.
If any section, subsection, sentence, clause, phrase or portion of this Code 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 portion of this Code, and the City Council hereby declares that it would have adopted this Code and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional. (1949 Code § 1105)
1.01.080 Repeal.
All ordinances or portions of ordinances in conflict with the provisions of this Code are repealed. (1949 Code § 1106)
1.01.090 Unlawful Business.
In no event shall any license, permit, or approval, including but not limited to, amendments, development plans, modification permits, site plan review, use permits, variances, coastal permits, or other entitlement, be granted for a use or activity that is illegal or unlawful under federal, state or City laws or regulations. The issuance or granting of any license, permit or approval under this Code shall not be deemed or construed to be a permit to conduct or to continue an illegal or unlawful business, or to conduct or continue a lawful business in an unlawful manner, or at a place prohibited by law or the ordinances of this City. (Ord. 2007-4 § 1, 2007)