Chapter 1.01
CODE ADOPTION*
Sections:
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 Penalty for violations.
* For statutory provisions regarding codification of city ordinances see Government Code §§ 50022.1 through 50022.10.
1.01.010 Code adopted.
Pursuant to the provisions of Sections 50022.1 through 50022.8 and 50022.10 of the Government Code, there is adopted the “Fortuna Municipal Code” as published by the city of Fortuna 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 Fortuna Municipal Code. (Ord. 97-611 § 2; Ord. 79-429 § 1).
1.01.020 Title – Citation – Reference.
This code shall be known as the Fortuna Municipal Code and it shall be sufficient to refer to said code as the Fortuna 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 Fortuna Municipal Code. Further reference may be had to the titles, chapters, sections and subsections of the Fortuna Municipal Code and such references shall apply to that numbered title, chapter, section or subsection as it appears in the code. (Ord. 97-611 § 2; Ord. 79-429 § 2).
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 Fortuna, California, codified pursuant to the provisions of Sections 50022.1 through 50022.8 and 50022.10 of the Government Code. (Ord. 97-611 § 2; Ord. 79-429 § 3).
1.01.040 Ordinances passed prior to adoption of the code.
The last ordinance included in this code was Ordinance 78-418, passed November 20, 1978. The following ordinances, passed subsequent to Ordinance 78-418 but prior to adoption of this code are adopted and made a part of this code: Ordinances 79-419, 79-420, 79-421, 79-422, 79-423, 79-424, 79-425 and 79-426. (Ord. 97-611 § 2; Ord. 79-429 § 4).
1.01.050 Reference applies to all amendments.
Whenever a reference is made to this code as the Fortuna Municipal Code or to any portion thereof, or to any ordinance of the city of Fortuna, California, the reference shall apply to all amendments, corrections and additions heretofore, now or hereafter made. (Ord. 97-611 § 2; Ord. 79-429 § 5).
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. 97-611 § 2; Ord. 79-429 § 6).
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. 97-611 § 2; Ord. 79-429 § 7).
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 shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date of the ordinances codified in this code, 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 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 ordinances and all rights and obligations thereunder appertaining shall continue in full force and effect. (Ord. 97-611 § 2; Ord. 79-429 § 8).
1.01.090 Penalty for violations.
A. Violation of a city ordinance is a misdemeanor unless by ordinance it is made an infraction. Such violation may be prosecuted by city authorities in the name of the people of the state of California, or redressed by civil action.
B. Every violation determined to be an infraction is punishable by:
1. A fine not exceeding $100.00 for a first violation;
2. A fine not exceeding $200.00 for a second violation of the same ordinance within one year;
3. A fine not exceeding $500.00 for each additional violation of the same ordinance within one year.
C. This section shall not apply to a violation of any ordinance adopted pursuant to the Vehicle Code of California.
D. Each such 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 of Fortuna, is committed, continued or permitted by any such person, and he shall be punishable accordingly. (Ord. 97-611 § 2; Ord. 88-523 § 1; Ord. 79-429 § 9).
1.01.100 Effective date.
This code shall become effective on the date the ordinance adopting this code as the Fortuna Municipal Code becomes effective. (Ord. 97-611 § 2; Ord. 79-429 § 10).
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. 97-611 § 2; Ord. 79-429 § 11).