TITLE I—GENERAL PROVISIONS

CHAPTER 1—ADOPTION OF CODE

(Ord. No. 1264, eff. 3/07/1997)

Sec. 1000 Short title, reference to code.

This code shall be known as the "Arcata Municipal Code", and it shall be sufficient to refer to said code as the "Arcata 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 said code or portions thereof, as an addition or amendment to, or repeal of, the "Arcata Municipal Code", or a portion thereof.

Sec. 1001 Effect of code on past actions and obligations.

The Municipal Code is a codification of all prior enacted ordinances except those which have been specifically repealed and the following ordinances: tax levy ordinances; appropriation ordinances relating to boundaries and annexations; franchise ordinances and other ordinances granting special rights to persons or corporations; contract ordinances and ordinances authorizing the execution of a contract or the issuance of warrants; salary ordinances; ordinances establishing, naming or vacating streets, alleys or other public places; improvement ordinances; bond ordinances; ordinances relating to elections; ordinances relating to the transfer or acceptance of real estate by or from the City; and all special ordinances.

Sec. 1002 Court proceedings. (Ord. No. 1264, eff. 3/07/1997)

No new ordinance shall be construed or held to repeal a former ordinance whether such former ordinance is expressly repealed or not, as to any offense committed against such former ordinance or as to any act done, any penalty, forfeiture or punishment so incurred, or any right accrued or claim arising under the former ordinance, or in any way whatever to affect any such offense or act so committed or so done, or any penalty, forfeiture or punishment so incurred or any right accrued or claim arising before the new ordinance takes effect, save only that the proceedings thereafter shall conform to the ordinance in force at the time of such proceeding, so far as practicable. If any penalty, forfeiture or punishment be mitigated by any provision of a new ordinance, such provision may be, by the consent of the party affected, applied to any judgment announced after the new ordinance takes effect.

This Section shall extend to all repeals, either by express words or implication, whether the repeal is in the ordinance making any new provisions upon the same subject or in any other ordinance.

Nothing contained in this Chapter shall be construed as abating any action now pending under or by virtue of any general ordinance of the City herein repealed, and the provisions of all general ordinances contained in this Code shall be deemed to be continuing provisions and not a new enactment of the same provision; nor shall this Chapter be deemed as discontinuing, abating, modifying or altering any penalty accrued or to accrue, or as affecting the liability of any person, form or corporation, or as waiving any right of the City under any ordinance or provision thereof in force at the time of the adoption of this City Code.

Where any act, proceeding or decision by the City of Arcata on any matter has been taken or made by its Council, or any Board, Commission, or person, including the Zoning Administrator, authorized to act on behalf of the City by this Code or by the laws of the State of California, the validity of all such acts, proceedings or decisions shall not be contested in any action unless both of the following are complied with:

1.    All administrative rights of appeal as specified in this Code or under State Law shall have been fully exhausted; and

2.    Such action shall have been brought within thirty (30) days after the date of exhaustion of administrative remedies.

Unless an action is commenced within the applicable time herein above specified each and every act, proceeding or decision of the City of Arcata shall be held valid and in every respect shall be legal and incontestable. Actions contesting the validity of any act, proceeding or decision made before the effective date of this Ordinance shall have been brought within thirty (30) days after said effective date. The foregoing provisions shall not amend or repeal any specific provision of this Code specifying a longer or shorter period of limitations.

Sec. 1003 Continuity.

The provisions of this Code, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments.

Sec. 1004 Reference to specific ordinances.

The provisions of this Code shall not in any manner affect deposits on account, bonds, 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. 1005 Validity of Code.

If any section, subsection, sentence, clause, phrase or portion of this Code is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Code. The Council hereby declares that it would have adopted this Code and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions, be declared invalid or unconstitutional.

Sec. 1006 Distribution of Code.

A copy of this Code shall be filed for use and examination by the public in the office of the City Clerk. Copies of the Code shall be distributed to each Councilmember, officer or department head of the City, and one to the public library in the City.

Sec. 1007 Maintenance of Code.

Whenever the Council adopts an amendment or adds to this code or repeals any of its provisions, the City Clerk shall make a notation of the Clerk’s copy, showing the changes and a notation as to the ordinance, if any, and the date of adoption thereof, by which such changes are adopted. Duly certified copies of every ordinance making changes in the Code shall be filed in the office of the City Clerk duly indexed for ready reference. The City Clerk shall cause copies of each and every reprint to be distributed to each distributee.

Periodically, the City Clerk shall cause the Code to be reproduced including the changes which have been adopted, in order that the Code prepared for the use and convenience of the officers and employees of the City and the general public may be brought up to date.