Chapter 1.01


1.01.010    Adoption.

1.01.020    Title – Citation – Reference.

1.01.030    Codification authority.

1.01.040    Ordinances passed prior to adoption of the code.

1.01.050    Reference applies to all amendments.

1.01.060    Title, chapter and section headings.

1.01.070    Reference to specific ordinances.

1.01.080    Effect of code on past actions and obligations.

1.01.090    General penalty provision.

1.01.100    Effective date.

1.01.110    Constitutionality.

1.01.010 Adoption.

Pursuant to the provisions of Sections 50022.1 through 50022.8 and 50022.10 of the Government Code, there is adopted the “Capitola Municipal Code” as published by Book Publishing Company, Seattle, Washington. (Amended during 4/96 supplement; Ord. 506 § 2, 1981)

1.01.020 Title – Citation – Reference.

This code shall be known as the “Capitola Municipal Code” and it shall be sufficient to refer to this code as the “Capitola Municipal Code” in any prosecution for the violation of any provision thereof or in any or 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 “Capitola Municipal Code.” Further reference may be had to the titles, chapters, sections and subsections of the “Capitola Municipal Code” and such references shall apply to that numbered title, chapter, section or subsection as it appears in the code. (Ord. 506 § 3, 1981)

1.01.030 Codification authority.

This code consists of all the regulatory and penal ordinances and certain of the administrative ordinances of the city of Capitola, California, codified pursuant to the provisions of Sections 50022.1 through 50022.8 and 50022.10 of the Government Code. (Ord. 506 § 4, 1981)

1.01.040 Ordinances passed prior to adoption of the code.

The last ordinance included in this code was Ordinance 483, passed July 10, 1980. The following ordinances, passed subsequent to ordinance 483 but prior to adoption of this code, are adopted and made a part of this code: Ordinances 484 through 491 and 493 through 505. (Ord. 506 § 5, 1981)

1.01.050 Reference applies to all amendments.

Whenever a reference is made to this code as the “Capitola Municipal Code,” or to any portion thereof, or to any ordinance of the city of Capitola, California, the reference shall apply to all amendments, corrections and additions heretofore, now or hereafter made. (Ord. 506 § 6, 1981)

1.01.060 Title, chapter and section headings.

Title, chapter and section headings contained in this code 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 hereof. (Ord. 506 § 7, 1981)

1.01.070 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. (Ord. 506 § 8, 1981)

1.01.080 Effect of code on past actions and obligations.

Neither the adoption of this code nor the repeal or amendment hereby of any ordinance or part or portion of any ordinance of the city of Capitola 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 ordinances, 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. (Ord. 506 § 9, 1981)

1.01.090 General penalty provision.

A. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of the ordinances of the city shall be guilty of an infraction, except as follows:

1. Where the violation is made a misdemeanor by ordinance;

2. This section is not intended to supersede or modify the provisions of subsection (a) of Vehicle Code Section 40200 or any succeeding state statute. Vehicle Code Section 40200 (a) presently reads as follows:

Any violation of any regulation governing the standing or parking of a vehicle under this code, under any federal statute or regulation, or under any ordinance enacted by local authorities is subject to a civil penalty. The enforcement of those civil penalties shall be governed by the civil administrative procedures set forth in this article.

The council may, by resolution or ordinance, set the amount of any such civil penalties.

B. Except in cases where a different punishment is prescribed by any ordinance of the city, any person convicted of a misdemeanor for violation of an ordinance of the city is punishable by a fine of not more than one thousand dollars or by imprisonment not to exceed six months, or by both such fine and imprisonment.

C. Any person convicted of an infraction for violation of an ordinance of the city is punishable by a fine not to exceed two hundred fifty dollars.

D. 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 the ordinances of the city is committed, continued, or permitted by any such person, and shall be punishable accordingly. In addition to the penalties provided in this section, 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 the city, abated as such, and each day that condition continues shall be regarded as a new and separate offense. (Ord. 876 § 2, 2004)

1.01.100 Effective date.

This code shall become effective on the date the ordinance adopting this code as the “Capitola Municipal Code” shall become effective. (Ord. 506 § 11, 1981)

1.01.110 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 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, and if for any reason this code should be declared invalid or unconstitutional, then the original ordinance or ordinances shall be in full force and effect. (Ord. 506 § 12, 1981)