Chapter 1.01
ADOPTION
Sections:
1.01.020 Title, citation, reference.
1.01.050 Headings, interpretation.
1.01.060 Reference to specific resolutions or ordinances.
1.01.070 Ordinances and resolutions passed prior to adoption of the code.
1.01.010 Adoption.
Upon adoption by the Board of Directors of the Malaga County Water District this District Code is hereby declared to be and shall hereafter constitute the official district code of the Malaga County Water District.
1.01.020 Title, citation, reference.
This code shall be known as the “Malaga County Water District Ordinance Code” and it shall be sufficient to refer to said code as the “Malaga County Water District Code” or “Malaga Code” in any prosecution for the violation of any provision thereof or in any proceeding at law or equity. It shall be sufficient to designate any ordinance or resolution adding to, amending, correcting or repealing all or any part or portion thereof as an addition to, amendment to, correction or repeal of the Malaga County Water District Code. Further reference may be had to the titles, chapters, sections and subsections of the Malaga County Water District Code and such references shall apply to that numbered title, chapter, section or subsection as it appears in the code.
1.01.030 Copies of the code.
Three copies of the Malaga County Water District Code are filed for use and examination by the public in the office of the Secretary to the Board of Directors of Malaga County Water District. A copy of the Malaga Code may also be published and/or available online at the District’s web page.
1.01.040 Amendments.
Whenever a reference is made to this code or to any portion thereof, or to any ordinance or resolution of the Malaga County Water District codified herein, the reference shall apply to all amendments, corrections and/or additions now or hereafter made.
1.01.050 Headings, interpretation.
A. Headings. Title, chapter and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any title, chapter or section hereof.
B. Interpretation. The following rules of interpretation and application shall apply to the Malaga Code as follows:
1. Wherever reference is made to gender, gender includes the masculine, feminine and neutral genders.
2. The singular shall include the plural and the plural shall include the singular.
3. Present tense shall include the past and the future tenses and vice versa unless stated otherwise or manifestly inapplicable.
C. Whenever any act or omission is made unlawful by this code, it shall include causing, allowing, permitting, aiding, abetting, suffering or concealing the fact of such act or omission.
D. Whenever a time within to act is set forth in this code, the time shall be computed by excluding the first day and including the last day, unless the last day is a Saturday, Sunday or a holiday, in which case the last day shall be the next regular business day.
1.01.060 Reference to specific resolutions or ordinances.
The provisions of this code shall not in any manner affect matters of record which refer to, or are otherwise connected with, resolutions which are therein specifically designated by number or otherwise and which are included within the code, but such reference shall be construed to apply to the corresponding provisions contained within this code.
1.01.070 Ordinances and resolutions passed prior to adoption of the code.
A. Purpose. The purpose of this Malaga Code is to govern the rules and regulations for the Malaga County Water District and the services it provides and is intended to supersede any previous ordinance or resolution pertaining or relating to the same subject matter. If in the event any provision of this Malaga Code conflicts with any provision of any previous ordinance or resolution adopted by the Malaga County Water District Board of Directors then, the provisions of this Malaga Code shall govern.
B. Repeal of Prior Ordinances. All ordinances passed by the Malaga County Water District prior to the adoption of this Malaga Code are hereby repealed, except such as are referred to herein as being still in force or are by necessary implication herein reserved from repeal. The following ordinances are hereby not repealed by this Malaga Code: tax levy ordinances, appropriation ordinances, ordinances relating to boundaries and annexations, franchise ordinances, and any 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 or naming facilities or public places, improvement ordinances, bond ordinances, ordinances relating to elections, ordinances relating to the transfer or acceptance of real property by or from the District, the Master Schedule of Fees, Charges, Penalties and Recovered Costs and all special ordinances. Nothing in this Malaga Code shall repeal or otherwise amend Resolution No. 10-13-09 regarding the imposition of a moratorium on establishment of new connections for water and sewer service within the boundaries of the Malaga County Water District.
1.01.080 Severability.
If any section, subsection, sentence, clause or phrase of this code is for any reason held to be unconstitutional, ineffective or in any manner in conflict with the laws of the United States or the state of California, such decision shall not affect the validity of the remaining portions of this code. The Governing Board of the District declares that it would have passed this code and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsection, sentence, clause, or phrase be declared unconstitutional, ineffective, or in any manner in conflict with the laws of the United States or the state of California.
1.01.090 Court proceedings.
The repeal of any ordinance does not affect any prosecution for violations of an ordinance committed prior to the effective date of the repeal, does not waive any fee or penalty due and unpaid prior to the effective date of the repeal, and does not affect the validity of any bond, cash or other security filed or deposited with the District pursuant to a requirement of a repealed ordinance. Further, the repeal of any ordinance shall not affect the repealing or reviving clause of an ordinance repealed thereby.