Chapter 1.01
CODE ADOPTION
Sections:
1.01.010 Declaration of purpose.
1.01.020 Establishment of municipal code.
1.01.040 Continuation of existing law.
1.01.050 Exclusions from code.
1.01.060 Modifications during recodification.
1.01.070 Code supersedes inconsistent/conflicting provisions of Orange County.
1.01.090 Maintenance and distribution of code.
1.01.010 Declaration of purpose.
The city council finds that it is desirable and in the public interest to establish a municipal code in order to provide a scheme of organization for the classification and grouping of ordinances which the council may adopt. The council intends on adopting ordinances of a general and permanent nature to provide for their placement in accordance with the scheme of the code. This will provide the user with a convenient and logical compilation of the ordinances of the city. [Ord. 2010-126 § 1 (Exh. A)].
1.01.020 Establishment of municipal code.
There is adopted that certain codification of certain ordinances of the city of Aliso Viejo entitled and known as the Aliso Viejo Municipal Code, published by order of the city council and bearing the date of 2010, and available for public inspection. The Aliso Viejo Municipal Code and the secondary codes adopted by reference in the Aliso Viejo Municipal Code are adopted by reference under the provisions of California Government Code Sections 50022.1 to 50022.10. It shall be sufficient to refer to this code as the Aliso Viejo Municipal Code in any prosecution for the violation of any provision of this code. It shall also be sufficient to designate any ordinance adding to, amending or repealing provisions of this code as an addition or amendment to, or a repeal of the Aliso Viejo Municipal Code, or any portion thereof. [Ord. 2010-126 § 1 (Exh. A)].
1.01.030 Effect of adoption.
The adoption of this code does not affect the following matters:
A. Actions and proceedings which began before the effective date of the ordinance adopting this code;
B. Prosecution for ordinance violations committed before the effective date of the ordinance adopting this code;
C. Licenses and penalties due and unpaid at the effective date of the ordinance codified in this chapter and the collection of these licenses and penalties;
D. Bonds and cash deposits required to be posted, filed, or deposited pursuant to any ordinance, resolution, or regulation;
E. Matters of record which refer to or are connected with an ordinance, the substance which is included in this code. These references shall be construed to apply to the corresponding provisions of this code. [Ord. 2010-126 § 1 (Exh. A)].
Cross-reference: effect of code on past actions and obligations, AVMC 1.02.080.
1.01.040 Continuation of existing law.
Where the provisions hereof are substantially the same as existing law, this code shall be considered a restatement and continuation of existing law and not a new enactment. Those ordinances adopted by the city council and not codified within this code shall not be repealed by this code. [Ord. 2010-126 § 1 (Exh. A)].
1.01.050 Exclusions from code.
Neither the adoption of this code or any portion thereof, nor the repeal by this code of any ordinance previously in effect in the city or within the territory currently comprising the city shall in any manner affect ordinances governing the following subject matters:
A. Alteration of city boundaries;
B. Contracts to which the city is a party;
C. Elections to which the city is a party;
D. Fixing the rate and making a levy of city taxes;
E. Granting, altering, or withholding a franchise;
F. Land use classifications of specific property; and
G. Naming roads and streets. [Ord. 2010-126 § 1 (Exh. A)].
1.01.060 Modifications during recodification.
In preparing the adopted ordinances for codification into this code, certain revisions were required for consistency and clarity. These revisions shall be deemed to be amendments to ordinances previously adopted. The following types of revisions are specifically authorized:
A. Renumbering of ordinance sections and subsections for appropriate placement in the code;
B. References to this “ordinance” revised to reflect this “chapter” or “section” as appropriate; and
C. References to violations constituting a misdemeanor or an infraction with specific statements of the penalty revised to refer to the general penalty provisions in Chapter 1.06 AVMC as appropriate. [Ord. 2010-126 § 1 (Exh. A)].
1.01.070 Code supersedes inconsistent/conflicting provisions of Orange County.
Upon the effective date of the ordinance adopting this code, the provisions hereof shall supersede any inconsistent or conflicting provisions of the Orange County Code, or other relevant Orange County noncodified ordinances, as the same were adopted by reference by the city. [Ord. 2010-126 § 1 (Exh. A)].
1.01.080 Contents of code.
The Aliso Viejo Municipal Code shall consist of all ordinances adopted by the city council which are of a general and permanent nature. An ordinance relating to any of the following subject matters is not considered an ordinance of general and permanent nature and need not be included within this code:
A. The naming of streets or roads;
B. Granting, altering or withdrawing franchises;
C. Levying real property taxes;
D. Calling an election;
E. Annexation proceedings;
F. Interim zoning measures;
G. Zoning or rezoning a particular parcel of property;
H. Such other ordinances of a special or particular subject matter which the council considers inappropriate to a compilation of laws of a general and permanent nature. [Ord. 2010-126 § 1 (Exh. A)].
1.01.090 Maintenance and distribution of code.
Not less than one copy of this code, certified by the city clerk, shall be kept on file in the office of the city clerk for examination and use by the public. Amendments to this code shall be noted by ordinance number, on appropriate pages of this code, and complete files of amendatory ordinances, indexed for ready reference, shall be maintained in the office of the city clerk for use and examination by the public. Distribution for sale of additional copies of this code shall be made as directed by the city council. [Ord. 2010-126 § 1 (Exh. A)].