Chapter 1. Adoption of Code

Sec. 1-1.01 Title, Reference to Code.

This Code shall be known as the “Hercules Municipal Code.” It shall be sufficient to refer to this Code as the Hercules Municipal Code in any prosecution for the violation of any provisions hereof. It shall also be sufficient to designate any ordinance adding to, amending, or repealing this Code, or portions hereof, as an addition or amendment to, or a repeal of, the Hercules Municipal Code, or a portion hereof.

Sec. 1-1.02 Authority; Exclusions.

This Code consists of regulatory, penal, and administrative ordinances of the City, codified pursuant to the provisions of the Government Code of the State. Ordinances relating to matters of a special or temporary nature only are excluded from this Code and are unaffected by the provisions of this Code.

Sec. 1-1.03 Effective Date.

This Code takes effect upon the effective date of the ordinance by which said Code is adopted by reference.

Sec. 1-1.04 Effect of Code on Past Actions and Obligations.

Neither the adoption of this Code nor the repeal hereby 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 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 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.

Sec. 1-1.05 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.

Sec. 1-1.06 Severability.

If any title, chapter, article, section, sub-section, sentence, clause or phrase of this Code is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Code, and the Council hereby declares that it would have adopted this Code and each title, chapter, article, section, sub-section, sentence, clause and phrase hereof irrespective of the fact that any one or more titles, chapters, articles, sections, sub-sections, sentences, clauses or phrases be declared invalid or unconstitutional.

Sec. 1-1.07 Repeal.

All ordinances or parts of ordinances in conflict with the provisions of this Code, and all general regulatory and administrative ordinances relating to subject matters covered by this Code, are hereby repealed.

Sec. 1-1.08 Adoption of Code.

There is hereby adopted by the City of Hercules that certain code entitled “Hercules Municipal Code,” containing certain ordinances of a general and permanent nature as compiled, consolidated, codified, and indexed in said Code, together with the secondary codes therein adopted by reference, of which Code not less than three copies have been and are now filed in the office of the City Clerk and shall be kept there for public inspection while said Code is in force, and which is hereby referred to and adopted by reference as if incorporated and set out at length in Ordinance 99 as provided by the Government Code of the State of California, Sections 50022.1 to 50022.10, inclusive. (Ord. 99 § 1, 1973)

Sec. 1-1.09 Effect of Adoption.

The adoption of this Code shall not affect the following matters:

(a) Actions and proceedings which began before the effective date of this Code;

(b) Prosecution for ordinance violations committed before the effective date of this Code;

(c) Licenses and penalties due and unpaid at the effective date of this Code, and the collection of these licenses and penalties;

(d) Bonds and cash deposits required to be posted, filed or deposited pursuant to any ordinance;

(e) Matters of record which refer to or are connected with ordinances the substances of which are included in this Code; these references shall be construed to apply to the corresponding provisions of the Code;

(f) The public debt or the public credit;

(g) The establishment, naming, width, grade, construction, improvement, or vacation of a public street, sidewalk, alley, or other public property or facility;

(h) The acquisition or disposition of any interest in real or personal property;

(i) The annexation of territory;

(j) Any contract to which the City is a party or any contract inuring to the City’s benefit;

(k) A municipal election;

(l) Any appropriation or expenditure of public funds;

(m) The levy or imposition of property taxes or fixing the tax rate;

(n) The levying of a special benefit assessment or creating a lien or debt against the owner of any property or said property; or

(o) The granting of any franchise, license, or right by the City, which license, grant, power, or franchise is legally in force and effect upon the effective date of Ordinance 99. Every such license, grant, and power or franchise shall expire as originally provided. (Ord. 99 § 3, 1973)

Sec. 1-1.10 Continuation of Existing Law.

Where they are substantially the same as existing law, the provisions of this Code shall be considered continuations of existing law and shall not be considered new enactments. (Ord. 99 § 3, 1973)

Sec. 1-1.11 Repeal.

Ordinances No. 28 and 67 and all other ordinances of a general and permanent nature in force on the effective date of Ordinance 99 which are neither excluded from this Code nor specifically continued in force by this Code are hereby repealed. This section shall not be construed to revive any ordinance which was repealed before the adoption of this Code. (Ord. 99 § 4, 1973)

Sec. 1-1.12 Effective Date.

Sections 1-1.08 through 1-1.11 and the Hercules Municipal Code adopted by reference herein shall take effect and be in force thirty (30) days from and after the date of passage and adoption of Ordinance 99. (Ord. 99 § 6, 1973)