Chapter 1.01
CODE ADOPTION1
Sections:
1.01.030 Continuation of existing law.
1.01.040 Repeal of existing ordinances.
1.01.050 Exclusions from code.
1.01.070 Maintenance and distribution of the code.
1.01.010 Adoption of code.
There is adopted that certain recodification of certain ordinances of the city entitled "Benicia Municipal Code" published by order of the city council by the Code Publishing Company and bearing the date of 2005. Three copies of the code are on file in the office of the city clerk and are open for public inspection. The municipal code and the secondary codes adopted by reference in the municipal code are adopted by reference under the provisions of Sections 50022.1 through 50022.10 of the Government Code of the state of California. (Ord. 07-10 § 1; Ord. 81-6 N.S. § 1, 1981).
1.01.020 Effect of adoption.
The adoption of the municipal code and repeal of ordinances by the municipal code do not affect the following matters:
A. Actions and proceedings which began before the effective date of the ordinance codified in this chapter;
B. Prosecution for ordinance violations committed before the effective date of the ordinance codified in this chapter;
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;
E. Matters of record which refer to or are connected with an ordinance the substance of which is included in the municipal code. These references shall be construed to apply to the corresponding provisions of the municipal code. (Ord. 81-6 N.S. § 2, 1981).
1.01.030 Continuation of existing law.
Where they are substantially the same as existing law, the municipal code shall be considered a continuation of existing law and not a new enactment. (Ord. 81-6 N.S. § 3, 1981).
1.01.040 Repeal of existing ordinances.
Every ordinance which is not excluded from the municipal code by BMC 1.01.050, or which is not specifically continued in force by this code, is repealed. This section does not revive an ordinance which was repealed before the adoption of the code. (Ord. 81-6 N.S. § 4, 1981).
1.01.050 Exclusions from code.
Every ordinance governing the following subject matter is excluded from the municipal code and is not affected by the repeal provisions of it:
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 withdrawing a franchise;
F. Land use classifications of specific property;
G. Naming roads and streets. (Ord. 81-6 N.S. § 5, 1981).
1.01.070 Maintenance and distribution of the code.
A. Not less than three copies of the municipal 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 the appropriate pages of all three copies of the code, and three complete files of amendatory ordinances, indexed for ready reference, shall be maintained in the office of the clerk for use and examination by the public.
B. Distribution or sale of additional copies of the code shall be made as directed by the city council. (Ord. 81-6 N.S. § 8, 1981).
1 For statutory provisions authorizing cities to adopt by reference a code of existing ordinances, see Government Code §§ 50022.1 – 50022.10.