Chapter 1.05


1.05.010    Recodification.

1.05.020    Title, citation, reference.

1.05.030    Codification authority.

1.05.040    Ordinances passed prior to adoption of the code.

1.05.050    Reference applies to all amendments.

1.05.060    Title, chapter, and section headings.

1.05.070    References to ordinances in matters of record.

1.05.080    Effect of code on past actions and obligations.

1.05.090    Enactment as continuation of existing ordinances.

1.05.100    Severability.

    Prior legislation: Ord. 426; 1990 Code §§ 1-1100 – 1-1112.

1.05.010 Recodification.

Pursuant to the provisions of Cal. Gov’t Code §§ 50022.1 through 50022.8, and 50022.10, there is hereby recodified and adopted the “Fremont Municipal Code,” as revised, reformatted, indexed, codified, compiled, edited, updated and republished by Code Publishing Company, Seattle, Washington, in Titles 1 through 18, 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, modified or amended by the provisions of the Fremont Municipal Code. (Ord. 1-2013 § 1, 1-8-13.)

1.05.020 Title, citation, reference.

This code shall be known as the Fremont Municipal Code and it shall be sufficient to refer to it as the Fremont Municipal Code in any prosecution for the violation of any provision thereof, or in any proceeding at law or in 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 Fremont Municipal Code. Further reference may be made to titles, chapters, sections, and subsections of the municipal code and such references shall apply to that number title, chapter, section, or subsection as it appears in the code. (Ord. 1-2013 § 2, 1-8-13.)

1.05.030 Codification authority.

The Fremont Municipal Code consists of all the regulatory, penal, and administrative ordinances of the city of Fremont, California, of a general and permanent character, as originally codified pursuant to Cal. Gov’t Code §§ 50022.1 through 50022.8, and herein recodified and recompiled pursuant to Cal. Gov’t Code § 50022.10. (Ord. 1-2013 § 3, 1-8-13.)

1.05.040 Ordinances passed prior to adoption of the code.

The last ordinance included in this code was Ordinance No. 19-2012. Ordinance Nos. 20-2012 through 24-2012, passed subsequent to Ordinance No. 19-2012, but prior to adoption of this code, are hereby made part of the Fremont Municipal Code. (Ord. 1-2013 § 4, 1-8-13.)

1.05.050 Reference applies to all amendments.

Whenever a reference is made to this code as the Fremont Municipal Code, or to any portion thereof, or to any ordinance of the city of Fremont, California, the reference shall apply to all amendments, corrections, and additions heretofore, now, or hereafter made. (Ord. 1-2013 § 6, 1-8-13.)

1.05.060 Title, chapter, and section headings.

Title, chapter, and section headings shall not be deemed to govern, limit, modify or affect the scope, meaning, or intention of any section, chapter, or title of the code. (Ord. 1-2013 § 7, 1-8-13.)

1.05.070 References to ordinances in matters of record.

Any reference in matters of record to any ordinance designated by number or otherwise, existing prior to the adoption of this code, shall be construed to apply to the corresponding provisions in this code. Pursuant to Cal. Gov’t Code § 50022.8, copies of this code that have been duly certified by the city clerk shall be received without further proof as prima facie evidence of the provisions of such code in all courts and administrative tribunals of this state. (Ord. 1-2013 § 8, 1-8-13.)

1.05.080 Effect of code on past actions and obligations.

Neither the adoption or recodification of this code nor the repeal or amendments of any ordinance or part or portion of any ordinance shall affect the prosecution for ordinance violations that were committed prior to the effective date of this code adoption. The adoption of this code shall not be construed as a waiver of any license, fee, penalty, debt, forfeiture, or obligation due and unpaid to the city on the date this code takes effect. All rights, fines, entitlements, duties, and proceedings existing pursuant to any ordinance on the date of the adoption of this code shall remain in effect unless specifically repealed in this code adoption. No bonds or cash required to be posted, filed or deposited pursuant to any ordinance shall in any way be made invalid by this code adoption. (Ord. 1-2013 § 9, 1-8-13.)

1.05.090 Enactment as continuation of existing ordinances.

Nothing contained herein is intended to enact any new taxes or to affect any penalty clauses contained in the existing ordinances recodified by this action. The recodification of the municipal code of the city of Fremont, California, is intended by the city council to be a continuation, without change, of existing ordinances, including the changes described in Section 5 of the ordinance codified in this chapter. (Ord. 1-2013 § 10, 1-8-13.)

1.05.100 Severability.

It is hereby declared to be the intention of the city council that the sections, paragraphs, sentences, clauses and phrases of this code are severable, and if any phrase, clause, sentence, paragraph or section of this code is declared unconstitutional or without effect by any final judgment or decree of a court of competent jurisdiction, such judgment or decree shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this code. (Ord. 1-2013 § 11, 1-8-13.)