HomeMy WebLinkAboutAgenda Report - August 1, 1984 (64)CITY COUNCIL MEETING
AUGUST 1, 1984
E
RBODIFICATICN City Clerk Reimche apprised the Council that the City is
OF 11 1E UDI just completing a two-year project for the recodification of
"ICIPAL CCM the Lodi Rinicipal Code. A legislative analysis was done by
the Codi f i e r . Hook Publishing Cm piety . which indicated
sections that --hould be deleted or amended. and where new
sections should be added to bring our Code into carpIiante.
Each department received copies of various sections of the
analysis as it pertained to their particular department
asking for their input.
Various proposed ordinances were presented for Council
approval. with the City Attorney giving a brief explanation
of each and answer ing quest ions as were posed by the Cotnc i I
on the mutter.
Following discussion. Council Nim1ber Pinkerton moved for
introduction of each of the fol)wing Ordinances. The
motions were seconded by Council Member Olson and carried by
unanimus vote of all Colnisi1 Wmbers present:
(1d). ND. 1333 a) Ordinance No. 1333 - An Ordinance of the City Council of
the City of Lodi rum -ml i ng Sec t i ons of the Lodi Mm i c i pii 1
Code as Authorized by Govenment Code Section 50022.5
pursuant to an Ordinance Analysis of the City of Lodi
M►m i c I pa 1 Code.
U
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI
AMENDING SECTIONS OF THE LODI MUNICIPAL CODE AS
AUTHORIZED 'tY GOVERNMENT CODE 450022.7, PURSUANT
TO AN ORDINANCE ANALYSIS OF CITY OF LODI MUNICIPAL CODE.
Be it ordained by the City Council of the City of Lodi
as follows:
SECTION- 1. The Lodi Municipal Code of the City of Lodi, as
authorized by Government Code 450022.7, is hereby amended to
reflect changes as to code arrangement, adoption, amendment. or
repeal of certain ordinances, or sections of ordinances, in
order to bring said Code into compliance with law and as
recominendod by Book Publishing Company, the official codifier
of the City of Lodi Municipal Code. For identification
purposes, said amendments herein will refer to PC (prior code)
numbers and sections. as follows:
1) GENERAL PROVISIONS (ORDAINING CLAUSE) (NEW TITLE 1)
PC 41-1--1-11 (REPEAL AND REENACT)..
(A new General Provisions Ordinance has been prepared by
the City Attorney (accompanying herewith) for City Council
action as recorrrnended by Book Publishing Co. in order to
bring up to current Inw.)
NOTE: All references Within the Lodi Municipal Code
referring to Director of Public Works shall be amended to
read "Public Works Director".
2) AM11NISTRATION AND PERSONNEL. (NEW TITLE 2)
(1) 33PC 342-81, 2-83, 2-84 (City Council Salaries)
are hereby amended to delete reference to Government
Code 336514 and substitute in its place a reference to
Government Code 336516.
(2) PC 32-82 (Population) is hereby repealed.
(3) PC 32-83 Amend to reflect current City Council
salary of Two—Hundred Dollars per month.
(4) PC 32-95(a) (Conflict of Interest Code) is hereby
amended to read "30 days after being appointed or
nomirited", rather than the present language which is 10
days before assuming office or 10 days before being
confirmed.
(5) PC 317-2.1 (Maximum age of employees) is hereby
amended to change the mandatory retirement age from 65
to 70.
(6) PC 317-3 (Status of employees) is hereby repealed.
(7) PC 317-12 (Political activity) is hereby repealed.
3) REVENUE AND FINANCE. (NEW TITLE 3)
R, PC 2-64 (Formal Contract Procedure) is hereby
amended to read that the advertisement for bids will be
conducted as provided for in the Government Code.
B. PC 423-7.1 (Uniform Local Sales and Use Tax)
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( I ) PC 1323-5(b)(4), 23-6(b)(3) and 23-7.1 are
hereby repealed.
(2) PC 123-5(b)(4.5)(ii) is hereby repealed.
(3) PC 323-5(b)(4.5) is hereby amended to add sales
tax exemption.
C. PC 1123-24--23-34 (Real Property Tax Transfer Tax)
is hereby amended to include. exemptions.
D. PC 2-64(g) (Formal Contract Procedure, Performance
Bonds) is hereby amended to change last 3 words of
last sentence to "biddin.%_documents".
E. PC 2-65 (Open Market Procedure) is hereby amended to
read "five thousand dollars".
F. PC 313-6 (Lost and Unclaimed Property) is hereby
repealed.
G. PC 12-36 (Special Gas Tax Street Improvement Fund)
is hereby amended as authorized by the Streets and
Highways Code.
4) BUSINESS LICENSES, TAXES AIT- REGULATIONS. (NEW TITLE 5)
A. PC 312-14 (Business Licenses Generally) is amended
to read as provided by the "Statc,ConstitutIon".
B. PC 616-12 (N%vnbrokers , Junk and Secondhand
Dealers) is amendo(i to require evert person having a
perrti t under this Chapter sha I I comply with
reporting requirements as set forth in Business and
-3-
Professions Code 4 21628 as presently Horded or as
hereinafter amended.
C. PC 24-1 (Taxicabs and Other Vehicles for Hire) The
definition of transportation companies as presently
defined, is hereby amended to read "charter-party
carriers of assen ers".
D. PC 2A -7(d) (Ambulance Services) is hereLy amended to
read as follows:
"The fact tha- such ambulances comply with all state
laws and orders applicable to the licensing of the
emergency vehicles."
5) HEALT11 AND SAFETY (NEW TITLE 8)
PC 10-4. 5. and 6: Ordinance No. 1319 adopting 1982
Uniform Fire Code was adopted by the Council -)n
6/6/84 and sent to codifier.
6) PUBLIC PEACE. MORALS AND WELFARE (NEW TITLE 9)
A.
PC
15-3
(Begging) is hereby repealed.
R.
PC
15-5
(Disorderly Conduct) is hereby
repealed.
C.
PC
15-8
(Indecent or Lewd Behavior and Dress)
is hereby repealed.
1).
PC
15-10
(Noisy and Boisterous Conduct) is
hereby repealed.
-4-
E. ?C 15-11 (Picketing. Loitering, etc.) is hereby
repealed.
F. PC 15-14 (Profane. Obscene. etc. Language) is
hereby repealed.
G. PC 15-16 (Speeches in Public Places -
Definitions) is hereby repealed.
H. PC 15-17 (Same - Permit Required) is hereby
repealed.
1. PC 15-18 (Spitting in Public Places) is hereby
repealed.
J. PC 15-19 (Weapons -Carrying Concealed) is hereby
repealed.
7) VEHICLES AND TRAFFIC (NEW TITLE 10)
P. Chapter 14 - The Motor Vehicles and Traffic Ordinance
is presently being rewritten by the Public Works
Department.
8) STREETS, SIDEWALKS AND PUBLIC PLACES (NEW TITLE 12).
A. PC 19A-24 (Encroac:iments) is hereby amended to
delete reference to Vehicle Code Section. The last
paragraph is amended to rend:
"The warning signs. lights nt,d other safety
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.A
devices shall conform to City requirements and
State of California's Department of
Transportation Manual."
B. PC 11 21-1--21-11 (Obstruction. curbs. gutters, and
sidewalks) are hereby repealed.
9) PUBLIC SERVICES. (NEW TITLE 13).
A. PC 2-39(b) (Procedure Upon Delinquency) is amended
to include the following wording following the first
sentence:
"Prior to any discontinuance of service
furnishe. to the customer by city. the customer
shall be given the opportunity to be heard as
to any adjustment or cancellation of any bill.
Said hearing shall be held before the director
of finance or his designee."
B. PC 2-42 and 2-43 (Flat Rates for Water and Sewer
Connections and Rate Changes.) is hereby amended to
be combined into one section entitled "Water and
Sewer Connection Rates" and shall read: "The Public
Works Director may, with the approval of the Finance
Director. establish or change rates charged for
water and sewer connections based on the average
cost to the City for such connections made within
the preceding six-month period."
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C.
D.
E.
F.
G.
PC 2-46 (Right of Access of City Employees for
Purposes of Inspection) is hereby amended to repeal
that portion of the paragraph that states there will
be discontinuance of service for refusal of right of
access to premises.
PC 2-49 (Self Closing Valves Required on Water
Noses) is hereby repealed.
PC 2-52 (Waste of Water) is hereby repealed.
PC 2-53 (When Metered Water Service to be Supplied)
is amended to read as follows:
"The Public Works Director shall require the
Installation of metered service when the Public
Works Director determines it to be in the best
interest of the City. Meters on existing
service shall be installed by the City at
City's expense.
Meters on new service shall be installed by the
City. but shall be paid for by the applicant."
PC 25-A-2 (Public Nearing to Ascertain Whether
Certnin Structures Should be Removed or Installed)
is hereby amended to rend 15 days' notice to
property owners.
PC 26-1 (Yater rates) is hereby amended to rend that
rates shall be as established by resolution of the
City Council from time to time.
PC 26-2 (Rates for Service Outside City) is hereby
amended to rend: "The City of Lodi will not
rte,
normally serve water outside the City Limits. In
those cases where it is authorized by the City
Council, the rates shall be established by
resolution of the City Council."
J. PC 26-3 (Rates Not Otherwise Provided For) shall be
amended to read "as agreed upon by the director of
finance and the public_ works_ director".
K. PC 26-20 (Water Conservation) is hereby repealed.
10) BUILDINGS AND CONSTRUCTION (NEW TITLE 15)
PC 5-40(a): Ordinance 1319. adopting 1982 Uniform Fire
Code was adopted 6/6/84 and sent to
codifier.
11) SUBDIVISIONS (NEW TITLE 16)
A. PC 22-11(a) (Tentative Maps) is hereby amended to
conform to Government Code 366452.6 which requires a
24 -month expiration period on approval or
conditional approval of a tentative map.
B. PC 22-11(c) is herebv Amended to conform to
Government Code §664526 which limits extensions of
tentative map approval to 12 months.
C. PC 22-30(b) (Improvement Security) is hereby amended
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V
to conform to updated Government Code §66499.7
(Subdivision Map Act) and shall read as follows:
"(b) Security securing the payment to the
contractor, his or her subcontractors and to
persons furnishing labor, materials or
equipment may, after passage of the time within
which claims of lien are required to be
recorded pursuant to Article 3 (commencing with
Section 3114) of Chapter 2 of Title 15 of Part
4 of Division 3 of the Civil Code and after
acceptance of the work. he reduced to an amount
not less than the total claimed by all
claimants for whom claims of lien have been
recorded and notice thereof given in writing to
the legislative body, and if no such claims
have been recorded, the security may be
released in full."
SECTION -2. All ordinances and parts of ordinances in conflict
herewith are repealed insofar as such conflict may exist.
SECTION 3. This ordinance shall be published one time in the
"Lodi News Sentinel", a daily newspaper of general circulation
printed and published in the City of Lodi, and shall be in
force and take effect (30) days from and after its passage.
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Approved this day of
Name----- ICtAYaI{ ---------------
-
Attest: -
ALICE M. REIQICHE
City Clerk
State of California
County of San Joaquin. ss.
1. Alice M. Reimehe. City Clerk of the
City of Lodi,
do hereby certify that Ordinance No.
was
introduced at a regular meeting of the
City Council of
the City of Lodi held
and was
thereafter passed. adopted and ordered
to print at a
regular meeting of said Council held
by the following vote:
Ayes: Council Members -
Noes: Council Members -
Absent: Council Members -
Abstain: Council Members -
I further certify that Ordinance No.
was
approved and signed by the Mayor on the
date of its
passage and the same has been published
pursuant to
law.
Approved as to form
RONALD M. STEIN
N
City Attcrney
ALICE M. itF 1 NIC14E
City Clerk
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9 9
Ordinance Analysis and Report
for
Lod-, California
SPECIAL NOTE: This Ordinance Analysis and Report has
aen prepared by the legal editorial staff of Book
Publishing Company for use by the city attorney of
Lodi, California. It should be thoroughly reviewed.
It has been prepared as a research tool to assist the
attorney and should not be relied upon by the city offi-
cials as a substitute for the attorney's advice. Before
the city takes any action with respect to any of the
comments contained in this report, the attorney should
be consulted.
All ordinances the city indicates for repeal at the con-
ference that are not repealed by the cutoff d"te will
be left out of the code. Any provisions tho city indi-
cates it will amend which have not been amended by the
cutoff date will be codified as is.
The Lodi Municipal Code is referred to as the prior code
or "PC" throughout this report.
i
Title 1
GENERAL PROVISIONS
This title is intended for those provisions of the code
which apply generally to the code as a wt:ole.
Chanters:
1.01 Code Adoption (Ordinance to be adopted; Ord. 670)
Note: Necessarily, the code cannot be adopted until
the receipt of the compler.ed new codes. If needed,.
sample code adoption languace will be provided at the
Ordinance Analysis Conference which may be reviewed and
adapted to :nee: local needs. Upon receipt of a. copy of
the adopted code adoption ordinance, we will print the
first supplement to your code, adding the code adoption
ordinance and any other ordinances you :nay wish included
at that time.
Ordinance 6;f-, w:::c` aC:cpts the prior code, will of
course not tie ccd,�iec.
O • A�
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LODI, CALIFORNIA
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PAGE TWO
i
Chapters:
1.04 General Provisions (PC SS1-1--1-6, 1-11)
Note: PC SS1-1--1-6 were apparently never enacted by
or3inance. Accordingly, we suggest that the city enact
by ordinance a new general provisions ordinance. If
needed, sample general provisions ianquage will be
provided at the Ordinance Analysis Conference.
PC Sl -ll refers to Health and Safety Code 5936, a
statute which has now been repealed. The city may wish
to have us editorially delete the obsolete reference.
Obviously, if the San Joaquin local health district no
longer exists, then PC S1-11 should be repealed.
1.08 General Penalty (PC S1-7)
Note: PC S1-7 contains no history note, apparently
ecause it was not enacted by ordinance. Its validity
is therefore questionable. We suggest that the city
adopt a new general penalty based upon the sample
general penalty included in an appendix to this report.
Section 1(c) of the sample language allows the city to
take advantage of the 1974 amendment to Government Code
$36900 which provides for the reduction of city ordi-
nance violations to infractions should the city so
desire.
Section 1(d) of the sample language takes into account
Vehicle Code S§40000.1 and 40000.28 which concern the
penalties for violations of ordinances adopted pursuant
to the Vehicle Code.
The general penalty is applicable to all provisions of
the code which do not have their own penalty provisions.
1.12 Issuance of Citations (PC ssl-8--1-10°)
Note: PC 51-10 refers to Penal Code s853.1, a statute
wr ch has been repealed. The correct reference is now
Penal Ccde 6853.6. If directed, we will correct the
reference editorially.
e a
LODI, CALIFORNIA PAGE THREE
f Title 2
L
ADMINISTRATION AND PERSONNEL
This title is intended for those provisions of the code
which -relate to city officers, departments, boards and
employees and to the administration of city affairs.
Chapters:
2.04 City Council Meetings (PC SS2-1--2-19)
2.08 City Council Salaries (PC SS2-81--2-86)
Note The city may wish to amend PC S52-81, 2-83 and
2=U to delete the reference to Government Code 536514
as added by Chapter 286 of the Statutes of 1965 and to
substitute in its place a reference to Government Code
536516.
2.12 City Manager (PC SS2-20--2-30)
2.16 Planning Commission (PC SS2-31••-2-33.1)
2.20 Police Auxiliary (PC SS2-69-••2-80)
2.24 Peace Officers' Training Fund (PC 552-67, 2-68)
2.28 Industrial Development Authority (PC 552-99--2-102)
2.32 Emergency Services (PC 558-1--8-10)
2.36 Hearing Procedures (PC 552-87--2-91)
2.40 Conflict of Interest Code (PC SS2-92--2-98)
Note: PC 52-95(a) requires all new designated employees
to ile statements not less than 10 days before assuming
office or 10 days before being confirmed. Government
Code 587302(b) requires such statements to be filed
within 30 days after being appointed or nominated. See
also Government Code 545050 through 45052. Ile suggest
amendment of PC 52-95(a) to conform to the statutory
requi-ement.
2.44 Personnel System (PC 5517-1--17-12)
Ncte: PC 517-2.1 prov'_des for mandatory retirement at
aq,: (5. Government Code 57506 states that no public
pension and retirement pian shall require retirement
prior to age 70. We suggest amendr;ent of PC 517-2.1
to make 70 the :aandatcry retirement age.
• • LODI, CALARNIA PAGE FOUR
Chapters:
2.44 Personnel System (Continued)
PC S17-3, pertaining to the status of employees holding
positions with the city on February 20, 1953, probably
has little or no relevance today. If directed, we will
not codify it in your new code.
PC S17-12, which restrictd'the political activities of
city employees, violates Government Code 53203. Politi-
cal activity can be restricted only to the extent set
out in Government Code 53207. We suggest repeal of
PC S17-12.
2.48 Retirement System (PC 517-13)
Title 3
REVENUE AND FINANCE
This title is intended for those provisions of the code
which relate to contracts, purchasing and receipt and
disbursement of city funds.
3.04 T~:nsfer of Tax Functions to County (PC S23-1)
3.08 Uniform Local Sale, and Use Tax (PC SS23-2--23-9)
Note: PC 523-7.1 provides for contingent alternating
operation of the provisions on exclusions and exemptions.
The contingency for the operation of PC 5523-5(b)(4.5)
and 23-6(b)(3.5) has now occurred. In fact, the autho-
rity for contingent alternating exemptions has been
eliminated. See Stats. 1974 c. 907 S6. The city may
therefore wish to repeal PC SS23-5(b)(4), 23-6(b)(3)
and 23-7.1.
According to the text of Revenue and Taxation Code 57202
effective January 1, 1984, a sales tax exemption for
waterborne vessels is no longer authorized. Accordingly,
we SlAggest repeal of PC S23-5(b)(4.5)(ii) effective
January 1, 198.3. On the other hand, a sales tax exemp-
tion for operators of aircraft is authorized. Revenue
and Taxation Code S7202(h)(7). We therefore suggest
adding such exeTption to PC $23-5(b)(4.5).
3.12 Transient Occupancy Tax (PC SS23-10--23-23)
e . 0 t
LODI, CALIFORNIA PAGE FIVE
Chapters:
3.16 Real Property Transfer Tax (PC SS23-24--23-34)
Note: The city's real property tax ordinance fails to
include exemptions allowed by Revenue and Taxation Code
S511926 and 11927. We suggest that those exemptions be
added to the ordinance.
3.20 Purchasing System (PC S52-55--2-66)
3.24 Lost and Unclaimed Property (PC SSi3-1--13-6)
Note: PC 513-6 provides that PC Ch. 13 does not apply
TF -Tinders of lost property who have complied with Civil
Code 551865 to 1871. Since Civil Code SS1865 to 1871
have been repealed, we suggest repeal of PC S13-6.
3.28 Special Gas Tax Street Improvement Fund (PC S52-34--2-36)
Note: We suggest that PC 52-36 be amended to require
money in the fund to be expended for purposes authorized
by Chapter 3 of Division 3 of the Streets and Highways
Code .ab well as Article 5, Chapter 1, Division 1 of
that code.
Title 4
RESERVED
This title is reserved, as are others throughout the
code, to accommodate new enactments which do not fit
logically within an existing title.
Title 5
BUSINESS I,iczNSES, TAXES AND REGULATIONS
This title is intended for those provisions of the code
which relate to the licensing, regulation, and taxation
of business operations within the city.
5.04 Business Licens,.s Generally (PC S512-1--12-33)
Note: PC S12-14 refers to ?art. 13 5514 and 16 of the
state constitution. Those sections have been repealed.
tie suggest amendment of PC S12-14 to refer to the cur-
rently relevant sections of the state constitution,
probably Art. 13 SS27 and 23.
• LODI, CALrrRNIA 4 PAGE SIX
Chapters:
5.08 Bingo (PC S54B-1--4B-4)
5.12 Card Rooms (PC SS7-1--7-18)
5.16 Community Antenna Television Systems (PC SSM-1--SA-33)
5.20 Pawnbrokers, Junk and Secondhand Dealers (PC SS16-1--16-15)
Note: PC 516-12 requires pawnbrokers, secondhand dealers,
etc., to make weekly reports. Business and Professions
Code 521628 requires daily reports. We suggest amend-
ment of PC S16-12 to conform to the statute.
5.24 Taxicabs and Other 'vehicles for Hire (PC 5524-1--74-31)
Note: PC 524-1 defines "transportation companies" by
reTerring to an act of the legislature passed in 1917.
We do not know where that act is codified in the Cali-
fornia Code and suspect that it has been repealed.
Since the idea seems to be to exclude from city regula-
tion passenger carriers controlled by the state public
utilities ccmmission, the city may wish to amend PC
524-1 to define "transportation companies" as "charter-
party carriers of passengers" as the latter term is
defined in Public Utilities Code 55360.
5.28 Private Patrol Systems (PC S519-1--19-28)
Note: The state appears to have preempted the general
ie d of the regulation of private patrol services.
See Business and Professions Code 57520 et seq. Section
7523 of that code limits local authority to tFie regula-
tion of street patrol officers and services and to the
imposition of police power regulations on the employees
of a private patrol operator who are unable to furnish
evidence of current registration under state law.
Section 7514.3 authorizes local regulation of private
patrol uniforms and insignia. We suggest that PC Ch.
19, which regulates private patrol services and officers
generally, be amended to regulate only the field autho-
rized by statute.
5.32 Massage Parlors (PC SS13B-1--138-22)
Note: We note that Government Code 551032 authorizes
ental of massace parlor licenses for violations of
certain sections of the state Penal and Health and
Safety Codes. PC 5133-6 refers to some, but not all,
of these sections. The city may wish to amend PC
S13B-6 to list as authority :or license denial those
sections referred to in the statute.
• LODI , CALIF RNIA
09 PAGE SEVEN
Chapters_:
5.36 Ambulance Services (PC SS2A-1--2A-19)
Note: PC S2A-7(d) refers to Vehicle Code SS2418 and
2M4, both of which have been repealed. • We suggest
that PC 52A -7(d) be updated by amendment.
Title 6
ANIMALS
This title is intended for those provisions of the code
which apply generally to the regulation, control and
care of animal and fowl.
6.04 Impoundment Regulations (PC S53-1, 3-2, 3-19, 3-20,
3-23, 3-24, 3-25, 3-26, 3-30, 3-31, 3-32, 3-33, 3-34,
3-35, 3-38)
6.08 Dogs and Cats (PC SS3-4--3-18, 3-21, 3-28, 3-29,
3-40, 3-41, 3-43, 3-44)
6.12 Miscellaneous Animal Regulations (PC S53-3, 3-22,
3-27, 3-36, 3-37, 3-39)
6.16 Penalty (PC 53-42)
Title 7
RESERVED
Title e
HEALTH AND SAFETY
This title is intended for those provisions of the code
which relate to Lhe regulation and control of sanitation
and disease, and other measures to protect the health
and safety of the community.
8.04 Fire Prevention (PC 5510-1--10-10)
Note: PC 5S10-4. 10-5 and 10-6 refer to sections of
tze-Uniform Fire Code which do not exist in th,:% 1979
Edition adopted by the city. We suggest that PC SS10-4,
10-5 and 10-6 be amended to refer to sections of the
Uniform Fire Code, 1979 Edition.
8.08 Water Fells (PC SS26A-1--26A-26)
c
LODI, CAL1^�RNIA PAGE EIGHT
Title 9
PUBLIC PEACE, MORALS AND WELFARE
This title is intended for those provisions of the code
which relate to the prohibition and regulation of cer-
tain conduct for the preservation of the public peace,
morals and welfare.
Chapters:
9.04 Offenses Against Public Decency (PC SS15-3, 15-5A,
15-8, 15-14, 15-18)
Note: Penal Code 5647(c) makes it unlawful to accost
persons in public places for the purpose of begging or
soliciting alms. To the extent that PC 515-3 prohibits
the same conduct, it is invalid, since any ordinance
which prohibits conduct prohibited by state law is void
to the extent of the dupli,,ation. Markus v. Justice's
Court, 117 Cal. App. 2d 391, 255 P. We
note also that PC 515-3 allows soliciting pursuant to a
permit from the chief of police, but provides no guid-
lines for granting or denying those permits. As such
PC S15-3 is subject to attack as a standardless grant
of legislative power. See McQuillin, Munici al Cor ora-
tions, SS26.62a, 26.64. We suggest that PC S15 3 e ter
Fe—repealed or amended to provide standards for issuance
of the permits.
PC 515-8 prohibits indecent or lewd behavior and dress.
Indecent exposure is prohibited by Penal Code 5314.
An ordinance which prohibits conduct prohibited by state
law is void to the extent of the duplication. Markus
v. Justice's Court, supra. Furthermore, the state as
preempted the ie d o-tFie regulation of sexual activity.
In re Lane, 58 Cal. 2d 99, 22 Cal. Rptr. 857, 372 P.2d
891 ( Accordingly, we suggest repeal of PC 515-8.
PC S15-14 makes it unlawful to use bawdy, lewd or pro-
fane language i.n public. Language cannot be prohibited
unless it is "obscene" or constitutes "fighting words."
Cohen v. California, 403 U.S. 15 (1971). Fighting words
are already prop- .ted by statute. Penal Code 5415.
Furthermore, as a practical matter, the spoken word,
absent some kind of conduct, is not likely eve: to come
within the Supreme Court's definition of "obscenity."
Accordingly, we sLccest repeal of PC 515-14.
LODI, CALIFORNIA
PAGE NINE
Chapters:
9.08 Offenses Against Public Peace (PC SS15-5, 15-10, 15-11)
Note: Except for the prohibition against public drunken-
ness, the conduct prohibited by PC 515-5 is already pro-
hibited by Penal Code 5415. As to public drunkenness,
it is a field preempted by the state. Peo le v. DeYoung,
228 Cal. App. 2d 331, 39 Cal. Rptr. 487 (1964). Accord-
ingly, we suggest repeal of PC 515-5.
PC S15-10, which prohibits loud and boisterous noise in
places of entertainment, appears to us to prohibit the
same conduct as PC 5415(2). Pursuant to the Markus
case, supra., we suggest repeal of PC 515-10.
PC 515-11, pertaining for the most part to labor picket-
ing, is probably unconstitutional. See Carlson v.
California, 310 U.S. 106 (1940), wherein the United
States Supreme Court struck down as unconstitutional a
Shasta County, California, ordinance making it unlawful
for any person to carry or display any sign or badge
in the vicinity of any place of business for the purpose
of inducing others to refrain from buying or working
there, or for any person to loiter or picket in the
vicinity of any place of business for such purpose.
The city may wish to consider repeal of PC S15-11.
9.12 Offenses Pertaining to Property (PC SS15-4, 15-9,
15-15, 15-20--I5-28)
9.16 Firearms and Fireworks (PC SS15-6, 15-7, 15-19)
Note: Penal Code 512050 allows chiefs of police to
.cense firearms but not slugshots, dirks or other
deadly weapons which are absolutely prohibited by state
law. See Penal Code 512020. tie suggest that PC 515-19
be amended to provide for licensing of firearms only.
We note that PC 515-19 appears to restrict issuance of
concealed weapons licenses to persons whose occupations
require them to be out late at night. We suspect that
there are other valid reasons for needing a concealed
weapons permit and we therefore suggest that this re-
striction be deleted.
We note also that PC 515-19 makes it unlawful for any
person, except public officers and travelers, to carry
concealed weapons Wit::out cermission from the chief of
police. Since state la•.:, Penal Code 512031, prohibits
the carrying of =-rearms without a permit, we suggest
that PC S15-19 be limited to authorizinq onlj' the issu-
ance of permits pursuant to Penal Code 512050.
00
LODI, CALIFORNIA PAGE TEN
Chapters:
9.20 Miscellaneous Offenses (PC 559-42, 9-43, 15-1, 15-2,
15-12)
V. tle 10
VEHICLES AND TRt1FFIC
This title is intended for those provisions of the code
which relate to the regulation of the operation of
vehicles on the streets of the city.
10.04 General Provisions (PC SS14-1--14-9)
Note: PC 514-5 provides that a violation of PC Ch. 14
i3 a misdemeanor. With a few exceptions, it is an in-
fraction to violate any local ordinance adopted pursuant
to the Vehicle Code. See Vehicle Code 540000.1 and
Los Anaeles County v. Cit. • of Alhambra (App. 1978) 151
a . Rptr. 393. Since virtually all 17ocal traffic
ordinanc s are pursuant to authority granted by the
Vehicle Code, we suggest amendment of PC 514-5 to pro-
vide that violations are infractions punishable as pre-
scribed by Vehicle Code 542001.
PC 514-6 makes it unlawful to disobey lawful orders of
police officers or fire department officials when
directing traffic. This section duplicates provisions
of Vehicle Code S52800, 2801 and 21100.3. An ordinance
which prohibits acts forbidden by state law is void to
the extent o` the duplication. Markus v. Justice's
Court, 117 Cal. App. 2d 391, 255
Furthermore, Vehicle Code 521 provides that no local
authority shall enact or enforce any ordinance on
matters covered by the Vehicle Code unless expressly
authorized by that code. Therefore, pursuant to the
Markus case and Vehicle Code 521, we suggest repeal
of PC 514-6.
10.08 Traffic Control Devices (PC SS14-26--14-30)
Note: PC 514-28 requires operators of vehicles to obey
tra :ic control devices placed in accordance with the
city traffic laws. Vehicle Code 5521461 and 21462 re-
quire the same behavior. Pursuant to Vehicle Code S21
and theMarkus case, supra., we suggest repeal of
PC 514-28.
C
.. 9'
LODI, CALIFORNIA
Chapters:
10.12 Turning Movements (PC SS14-31--14-34)
PAGE ELEVEN
Note: PC 5514-32 and 14-34 require obedience to traffic
is gns and devices. Vehicle Code 5521461 and 21462 re-
quire the samA behavior. Pursuant to Vehicle Code 5121
and the Markus case, supra., we suggest repeal of
PC SS14-32 and 14-34.
10.16 Pedestrians (PC SS14-35--14-38)
Note: The Vehicle Code has preempted the field of
regulation of crossing a roadway at or between inter—
sections by pedestrians, except to the extent that local
legislation is expressly authorized by tae Vehicle Code.
Holman v. Viko (1958) 326 P.2d 551, 161, C.A. 2d 87.
Although P -sT4-36 is clearly authorized by Vehicle
Code 5.21961, PC SS14-37 is not. We suggest repeal of
PC 514-37.
PC 514-38 prohibits a person from standing in a roadway
other than in a safety zone or in a crosswalk if such
action interferes with the lawful movement of traffic.
This is an area preempted by the state. Newton v.
Thomas (1956) 291 P.2d 503, 137 C.A. 2d 7 We suggest
repeal of PC 514-38.
10.20 Speed Limits (PC 5514-21, 14-21.1, 14-21.2)
10.24 Miscellaneous Traffic Regulations (PC 5514-10--14-21,
14-22--14-25)
Note: PC 514-10 requires accident reports in cases cf
cffamage to certain property. Accident reports are
covered by Vehicle Code 52002 which sets out specific
procedures which seem quite complete. Having found no
authority in the Vehicle Code for local regulation in
this area as required by Vehicle Code 521, we suggest
repeal of PC S14-10.
PC 514-11 on emerging from alleys and driveways pertains
to a subject covered by Vehicle Code 521804. Pursuant
to Vehicle Code 521, we suggest repeal of PC 514-11.
PC 514-13 prohibits clinging to moving vehicles.
Vehicle Code 59217:2 and 21203 prohibit similar behavior
Pursuant to Vehicle Code 521 and the Markus case, supra.,
we suggest repeal of PC 514-13.
LODI, CALARNIA PAGE TWELVE
Chapters:
10.24 Miscellaneous Traffic Regulations (Continued)
PC 514-14, pertaining to driving on sidewalks, is a
subject covered by Vehicle Code 521663. Pursuant to
Vehicle Code S21 and the Markus case, supra., we suggest
repeal of PC 514-14.
PC 514-17 refers to Vehicre Code 5604.5, which is a
reference to the 1935 Vehicle Code. The current rele-
vent cite is Vehicle Code 521960. If directed, we will
editorially update this reference.
Vehicular offenses involving alcohol and drugs are
covered by Vehicle Code 523151 et sea.. We find no
express authority for local leg slation in the area as
required by Ve,,icle Code 521. Furthermore, the state
appears to have preempted- the field of the criminal
aspects of intoxication. People v. DeYoung, 228 Cal.
App. 2d 332 (1964). According y, we suggest repeal of
PC 514-19.
10.28 Stopping, Standing and Parking Generally (PC
SS14-39--14-60)
Note: The reference to Vehicle Code 522652 in PC 514-43
is no longer accurate. We suggest deletion of that
reference.
PC 514-54 pertains to vehicle warning lights and devices.
The subject is covered by Vehicle Code 525300 and we
find no authority for local legislation in the area.
Pursuant to Vehicle Code 521, we suggest repeal of
PC 514-54.
10.32 Stopping for Loading or Unloading Only (PC SS14-61--14-69)
10.36 Parking Meters (PC SS14-70--14-84)
10.40 Permit Paring (PC SS14-84.1--14-84.10)
10.44 abandoned, Wrecked and Inoperable Vehicles (PC
SS14--85--14-101)
Note: PC 514-97 provides that after a vehicle has
e—removed, it shall not thereafter be reconstructed
or made operable. Vehicle Code 522661(e) exemots from
that restriction vehicles which qualify for horseless
carriage or historical vehicle license plates. We sug-
gest that PC 514-97 be amended accordingly.
LODI, CALIFORNIA
Chapters:
10.48 Bicycles
(PC SS4-1--4-11)
PAGE THIRTEEN
Note: The current statutory definition of "bicycle"
c3iif{ers slightly from the definition in PC 54-1. The
city may wish to amend PC 54-1 accordingly.
Title 11
RESERVED
Title 12
STREETS, SIDEWALKS AND PUBLIC PLACES
This title is intended for those provisions of the code
which relate to the use, maintenance, and construction
of streets, sidewalks and other public places.
12.04 Construction of Sidewalks, Curbs and Gutters
(PC SS21-2--21-11)
12.08 Street and Sidewalk Obstructions (PC 521-1)
Note: PC Ch. 9A on encroachments appears to us to cover
t e subject of obstructions of public rights-of-way.
PC S21-1 may therefore be unnecessary. If so, he sug-
gest repeal of PC 521-1.
12.12 Encroachments (PC SSM -1--9A-42)
Note: PC S9A-24 re:ers to Vehicle Code 5465.7, which
is a reference to the 1935 Edition of that code. It
was subsequently codified as Vehicle Code 521406 and
then regal zd. Accordingly, we suggest amen=ent of
PC S9A-24 t,) delete that reference.
12.16 Pedestrian Malls (PC SS21-12--21-14)
12.20 Parks (PC SS15A-!--1:A-40)
12.24 Public Assemblies Under Tents (PC SS25-1--25-8)
12.28 Public Speeches (PC 55:5-16, 15-1.7)
Ncte: PC SS15-16 and 15-17, which prohibit speeches in
public places without a permit, are subject to attack on
constitutional grc-unds as a prior restraint on freedom
LODI, CALIrORNIA PAGE FOURTEEN
Chapters:
12.28 Public Speeches (Continued)
of speech. Any procedure which allows licensing offi-
cials wide or unbounded discretion in granting or de-
nying
e-nying permits is constitutionally infirm because it
permits them to base their determination on the content
of the ideas sought to be expressed. See Dillon v.
Municipal Court, 99 Cal. Rptr. 777 (1971) and aia v.
New York, 334 558 (1949).
PC 515-17 not only does not limit the police chief's
discretion, but also appears to allow him to take the
subject of the speech and the citizenship of the speaker
into account., Only the factors of time, place, manner
and duration may be regulated, and then only if fairly
administered by officials within the range of narrowly
limited discretion. See Dillon, supra., and the cases
therein cited. We suggest repeal o P SS15-16 and
15-17.
1:!.22 Permits for Use of City Facilities (PC SS15-29--15-44)
Title 13
PUBLIC SERVICES
This title is intended for those provisions of the code
which relate to the regulation of the use of water and
sewage facilities and other public services.
.14 City Service and Utility Rates Generally (PC
SS2-37--2-54)
Nota: With regard to PC 52-39(b) concerning the shut
hof utility service to delinquent customers, we note
that service cannot be shut off prior to notifying the
customer of the intended action and providing him with
a procedure for challenging the shut off.Memphis
Light, Gas and Water Division, 436 U.S. I (1978) .
PC 52-46 provides that refusal to allow city employees
to inspect at re_osonaule hours premises served by city
utilitiez shall subject the caner to discontinuance of
service. Except for emergency situations or where con-
sent has been obtained, entrance upon residential pro-
perty and tie non-public portions of commercial property
must be pursuant to a search warrant. See v. Seattle-,
387 U.S. 541 (1967) and Camara v. Municipal Curt, 38'7
LODI, CALIFORNIA PAGE FIFTEEN
( Chapters:
` 13.04 City Service and Utility Rates Generally (Continued)
U.S. 523 (1967). PC S'--46 appears to be an attempt to
coerce utility customers into giving up this constitu-
tional
onstitu-tional right against unreasonable searches. We suggest
amendment of PC 52-46 to conform to the above cited
cases.
PC 52-52 pertains to waste cif water. It appears to us
to have been superseded by PC SS26-21 through 26-23
on the same sub;ect. Accordingly, we suggest repeal of
PC 52-52.
13.08 Water Service Regulations (PC SS26-1--26-26)
13.12 Sewer Service Regulations (PC SS20-1--20-56)
13.16 Garbage and Rubbish (PC 5511-1--11-11)
13.20 Underground Utilities (PC 552SA-1--25A-11)
Note: PC S2A-2 requires the city clerk to give ten
cl—ay—s' written notice of any hearing on conversion to
underground locations. Streets and Highways Code
55070, made applicable by Streets and Highways Code
55896.4, requires 15 days' notice. We suggest amendment
of PC §2A-2 to conform to the statute..
Title 14
RESERVED
Title 15
BUILDINGS AND CONSTRUCTION
This title is intended for those prot-isions of the code
which relate to the regulation of the construction,
maintenance and repair of buildings and their
appurtenances.
15.04 Building Code kPC SS5-1--5-3)
15.09 Mechanical Code (PC S511A-1--1.3A-3)
15.12 Plumbing Code (PC S§18-1--18-5)
LODI, CALIr'ORNIA
Chapters:
15.16 Electrical Code (PC SS9-1--9-41)
15.20 Housing Code (PC S511A-1--11A-3)
15.24 Community Housing Project Conversions
15.28 Dangerous Buildings (PC SS5-50--5-52)
15.32 Numbering Buildings (PC SS5-8--5-11)
15.36 Setback Lines (PC SS5-12- -5-18)
PAGE SIXTEEN
(PC 8B -1--8B-16)
15.40 Off-site Improvements and Dedications (PC SS5-19--5-28)
15.44 On-site Fire Protection for New Construction (PC
SS5-30--5-40)
Note: PC S5 -40(a) provides that Uniform Fire Code
SSS13.23 shall be applicable to hydrants. The currer.t
Uniform Fire Code in force in the city is the 1979 Edi-
tion, and it does not have a section numbered 13.23.
We suggest amendment of PC SS -40(a) to refer to the
city's current.fire code.
15.48 School Facilities Dedications (PC 5S19A-lA--19A-5D)
15.52 Camp Cars and Trailer Camps (PC 556-1--6-18)
Title 16
SUBDIVISIONS
This title is intended for those provisions of the code
which relate to the regulation of plats, subdivisions
and dedications of land.
16.04 Authority and Definitions (PC 5522-2--22-4)
16.08 General Provisions (PC S522-1, 22-18, 22-19,
22-31--22-33)
16.12 Tentative Maps (PC SS22- 22-12)
Note: PC 522-11(a) Provides that approval or condi-
t,onal apercval of a tentative map shall expire 12
months after approval. Government Code 566452.6 re-
quires a 24 -month expiration period. We suggest that
PC 522-11(a) be amended accordingly.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI
REPEALING CHAPTER 1. GENERAL PROVISIONS
OF THE LODI MUNICIPAL CODE. AND ENACTING A NEW
GENERAL PROVISIONS CODE
Be It Ordained By The Lodi City Council as follows:
SECTION 1. Chapter 1. General Provisions. of the Lodi Municipal
Code is hereby repealed and a new General Provisions ordinance
(ordaining clause) is hereby enaeted as follows:
Section_ 1.--_ Definitions. The following words and phrases,
whenever uf.ed in the ordinances of the City of Lodi,
California. shall be construed as defined in this section
unless from the context a different meaning is intended or
unless a different meaning is specifically defined and more
particularly directed to the use of such words or phrases:
A. "City" means the City of Lodi, California, or the
area within the territorial limits of the City of Lodi,
California, and such territory outside of the City over which
the City ha, jurisdiction or control by virtue of any constitu-
tional or statutory provision.
B. "Council" means the City Council of the City of
Lodi. "All its members" or "all council members" means the
total number of council members holding office.
C. "County" means the County of San Joaquin.
D. "Law" denotes applicable federnl law, the Constitution
and statutes of the State of California, the ordinances of the
City of Lodi, and, when appropriate, any and all rules and
regulations which may be promulgated thereundRr.
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I "%� 1 -4-
E.
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E. "May" is permissive.
F. "Month" means a calendar month.
C. "Must" and "shall" are each mandatory.
H. "Oath" includes an affirmation or declaration in all
cases in which. by law. an affirmation may be substituted for
on oath. and in such cases the words "swear" and "sworn" shall
be equivalent to the words "affirm" and "affirmed."
1. "Owner". applied to a building or land, includes any
part owner, joint owner, tenant in common, joint tenant, tenant
by the entirety. of the whole or a part of such building or
land.
J. "Person" includes a natural person. joint venture,
joint stock company. partnership, association. club, company.
corporation, business, trust, organization, or the manager,
lessee, agent, servant, officer or employee of any of then,.
K. "Personal property" includes money, goods, chattels,
things in action and evidences of debt.
L. "Preceding" and "following" mean next before and
next after, respectively.
M. "Property" includes real and personal property.
N. "Real property" includes lands. tenements and
hereditaments.
O. "Sidewalk" means that portion of a street between
the curbline and the adjacent property line intended for the
use of pedestrians.
P. "State" means the State of California.
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0
1%
Q. "Street" includes all streets. highways, avenues.
lanes, alleys, courts. places. squares. curbs. or other public
vays in this City which have been or may hereafter be dedicated
And open to public use. or such other public property so
designated in any law of this State.
R. "Tenant" and "occupant". applied to a building or
land, include any person who occupies the whole or a part of
such building or nand. whether alone or with others.
S. "Written" includes printed. typewritten,
mimeographed. multigraphed. or otherwise reproduced in permanent
visible form.
T. "Year" means a calendar year.
Section 2.� Title of office. Use of the title of any officer.
employee, department. board or commission means that officer,
employee, department. board or commission of the City.
Section 3.lnterpretation of innjLua e. All words and phrases
shall be construed according to the common and approved usage
of the language. but technical words an-, phrases and such
others as may have acquired a peculiar and appropriate meaning
In the law shall be construed and understood according to such
peculiar and appropriate meaning.
See tIon 4. GrnmmnIIeni inter retatton. The following grammatical
rules shall apply in the ordinances of the City of Lodi. unless
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It is apparent from the context that a different construction
is intended:
A. Gender. Each gender includes the masculine. femi-
nine and neuter genders.
D. Singular and Plural. The singular number includes
the plural and the plural includes the singular.
C. Tenses. Words used in the present tense include the
past and the future tenses and vice versa. unless manifestly
Inapplicable.
Section 5.
Acts bar agenta.
When
an
act
is
required by
an
ordinance.
the same being such
that
it
may
be
done As well
by
an agent as 4y the principal. such requirement shall be con-
strued to include all such arts performed by an authorised
agent.
Section 6. Prohibited acts Include causingand permitting.
Whenever in the ordinances of the City of Lodi, any act or
omission is made unlawful, it shall include causing, allowing.
permitting. aiding. abetting. nuffering. or concealing the fact
of such act or omission.
Section 7. Computation -of time. Except when otherwise provid.d.
the time within which an act is required to be done shall be
computed by excluding the first tiny anti including the last day.
unless the last dny is Sunday or a holiday. in which case it
shall also be excluded.
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Section 8. _Construction. TLe provisions of the ordinances of
the City of Lodi. and all proceedings under them are to be
construed with a view to effect their objects and to promote
justice.
Section 9.M General_pr.zal ty.
A. Any person violating any of the provisions or
failing to comply with any of the mandatory requirements of the
ordinances of the City of Lodi. shall be guilty of a misdemeanort
unless the violation is made an infraction by ordinance.
B. Except in cases where a different punishment is
prescribed by any ordinance of the City of Lodi, any person
convicted of n misdemeanor for violation of an ordinance of the
city is punishable by a fine of not more than one thousand
dollars, or by imprisonment not to exceed six months. or by
both such fine and imprisonment.
C. Any person convicted of an infraction for violation
of an ordinance of the City of Lodi is punishable by (1) a fine
not exceeding one hundred dollars for a first violation; (2) a
fine not exceeding two hundred dollars for n second violation
of the some ordinance within one year; (3) a fine not exceeding
five hundred dollars for each additional violation of the same
ordinance within one year.
D. Each such person shall be guilty of a separate
offense for eneh and every day during an%• portion of which any
violation of nny provision of the ordinances of the City of
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...1
4'
Lodi, is committed, continued or permitted by any such person,
and he shall be punishable accordingly.
Section 10. Notice to a ear- re aration b arEesj!! officer
jn cru-TTca tt e —-"--`____E�_=e__e���___�___�___�_._____
If any person is arrested .for the violation of any
provision of this Code or any ordinance of the city, and such
person is not immediately taken before a magistrate as pre-
scribed in the State Penal Code, the arresting officer shall
prepare in duplicate a written notice to appear in court,
containing the name and address of such person, the offense
charged and the time and place where and when such person shall
appear in court.
Section _11+Some-Failure to_aPeear a misdemeanor.
Any person violating his written promise to appear in
court is guilty of a misdemeanor regardless of the disposition
of the charge upon which he was originally arrested.
Section 12. Same -Same -Execution of warrant for arrest.
Wben a person signs a written promise to appear at the
time and place specified in the written promise to appear and
has not posted bail as provided in Section 853-6 of the State
Penal Code, the magistrate shall issue and have delivered for
execution n warrnnt for his arrest within twenty days after his
failure
to appear as
promised, or
if
such person
promises
to
appear
before an officer
authorized
to
accept bail
other than
a
magistrate and fails to do so on or before the date which he
promised to appear, then. within twenty days after the delivery
of such written promise to appear by the officer to a magis-
trate having jurisdiction over the offense.
Section 13. References to certain officers, etc.. apj2jX_ o San
N jd TF-T.;_M-Riii t FFDT s t r�'c T M
WF-e_FeTe in th-s Z`o4Fe or any other city ordinance.
resolution. order or law, the terms "housing department".
"board of health". "health officer" or similar names are used
designating the enforcing authority of any such ordinance,
resolution, order or law relating to public health and sanita-
tion in the city, the designations "housing department". "board
of health". "health officer" or Similar titles shall apply also
to and include San Joaquin Local Health District and its duly
appointed officers and employees.
None of the provisions of this section shall be con-
strued as limiting. subtracting from or releasing the police
department of this city or any other department or officer of
this city from the performance.of his duties in the enforcement
of the laws. orders and ordinances mentioned herein, the
provisions hereof being permissive.
SECTION 2. All ordinances and parts of ordinances in conflict
herewith are repealed insofar as such conflict may exist.
SECT ION_3. This ordInnnce shall be published one time in the
"Lodi News Sent Inol", n daily newspaper of general circulation.
printed and published in the City of Lodi, and shall be in
-7-
force and take effect thirty days from and after its passage
and approval.
Approved this day of
Name
Attest:
ALICE M. RE IhICIIE
City Clerk
State of California
County of San Joaquin. as.
1. Alice M. Reimche. City Clerk of the City of Lodi.
do hereby certify that Ordinance No. was
Introduced at a regular meeting of the City Council of
the City of Lodi held and was
thereafter passed. adopted and ordered to print at a
regular meeting of said Council held
by the following vote:
Ayes: Council Members -
Noes: Council Members -
Absent: Council Members -
Abstain: Council Members -
I further certify that Ordinance No. was
approved and signed by the Mayor on the date of Its
passage and the some has been published pursuant to
law.
Approved as :o form
RONALD M. STEIN
Citi Attorney
ALICE M. REIMCIIE
City Clerk
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF LODI, CALIFORNIA, ADOPTING A
REVISION AND CODIFICATION OF THE ORDINANCES OF THE CITY O.'
LOD1. CALIFORNIA. ENTITLED THE "LODI MUNICIPAL CODE", PROVIDING
FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED
THEREIN, WITH CERTAIN EXCEPTIONS, AND FOR OTHER P•JRPOSES
HEREINAFTER SET OUT.
WHEREAS. the Callfornin State Legislature has provided
for the codification and publication of the permanent and
general ordinances of cities in Sections 50022.1--50022.10 of
the Government Code: and
WHEREAS. the Book P»blishing Company. Seattle.
Washington. has compiled, edited and published a codification
of the permanent and general ordinances of the City of Lodi.
California; and
WHEREAS, there have been filed and there are now on file
In the office of the city clerk, for public inspection, three
copies of a document entitled "Lodi Municipal Code." together
with three copies of each of the secondary codes therein
adopted by references;
Section 1. Adortion. Pursuant to the provisions of Sections
50022.1--50022.8 and 50022.10 of the Government Code. there is
hereby adopted the "Lodi 'stun i c i pn l Cede" ns pub i i nhed by Book
Publishing Company. Seattle. Washington. together with those
secondary codes nclopted by reference ns authorized by the
California State Leginlnture, snve and except those portions of
1-
led
the secondary codes as are deleted or modified by the
provisions of the "Lodi Municipal Code."
Section 2. Title--Citation--Reference. This code shall be
known as the "Lodi Municipal Code" and it shall be sufficient
to refer to said code as the "Lodi Municipal 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 ordir.ance adding to. amending, correcting or
repealing all or any part or portion thereof as an addition to,
amendment to. correction or repeal of the "Lodi Municipal
Code". Further reference may be had to the titles, chapters,
sactiona and subsections of the "Lodi Municipal Code" and such
references shall apply to that numbered title. chapter, section
or subsection as it appears in the code.
Section 3. Codification authority.. This code consists of all
the regulatory and penal ordinances and certain of the
administrative ordinances of the City of Lodi. California.
codified pursuHnt to the provisions of Sections
50022.1--50022.8 and 50022.10 of the Government Code.
Section 4.Ordinnncca_pa ed-jjrior to ad_oPtion_ of the code.
The last ordinance included in this code was Ordinance
passed ------------- 19---. The folloiving ordinances. passed
subsequent to Ordinance y__, but prior to adoption of
this code. are hereby ndopted and made a part of this code:
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Ordinances Nos.
Section 3. _ Reference applies—to all amendments_ Whenever a
reference is made to this code as the "Lodi Municipal Code" or
to any portion thereof. or to any ordinance of the City nf
Lodi. California. the reference shalt apply to all amendments.
corrections and additions heretofore. now or hereafter made.
Section 6. Title, --chapter _and_ section headinp. Title,
charter 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.
Section 7.Reference _to_speei f is ordinances. The provisions
of this code c -hall not in any manner atfect 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 the code. but such
reference shall be construed to apply to the corresponding
provisions contained within this code.
Section S. Lf fort of code on pastactions and
obligations.
Neither the ndoptior of' this code nor the repeal or amendment
hereby of any ordinni4ce or part nr portion of any ordinance of
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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. fee. 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. fee. or penalty. or the penal 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.
Section 9. Effective Mate. This code shall become effective
on the date the ordinance adopting this code as the "Lobi
Municipai Code" shall become effective.
Section_ 10. Constitutionality. If any section, subsection,
sentence. clause or phrase of this code is for any reason held
to be invalid or unconstitutional. such decision shell not
affect the validity of the remaining portions of this code.
The council hereby declares that it would have passed this
code, and each section. subsection, sentence, clause and phrase
thereof. irrespective of the fact that any one or more
sections. subsections. sentences. clauses or phrases had been
declared invalid or unconstitutional, and if for any reason
this code should be declared invalid or unconstitutional. then
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the original ordinance or ordinances shall be in full force and
effect.
Section -11. This ordinance shall be published one time in the
"Lodi News -Sentinel". a daily newspaper of general circulation
printed and published In the City of Lodl. and shall be in
force and take effect (30) days from and after its passage.
Approved this
Name
Attest:
clay of
ALICE M. REIMCIIE
City Clerk
State of California
County of San Joaquin. an.
1. Alice M. Relmche. City Clerk of the City of Lodi,
do hereby certify that Ordinance No. was
Introduced at a regular meeting of the City Council of
the City of Lodi held and was
thereafter passed. adopted and ordered to print at a
regular meeting of said Council held
by the following vote:
Ayes: Council Members -
Noes: Council Members -
Absent: Council Member% -
AhstaIn: Council Members -
SIC
I further certify that Ordinance No. was
approved And signed by the Mayor on the date of its
passage and the same has been published pursuant to
law.
Approved as to form
RONALD M. STEIN
City Attorney
ALICE M. REIMCIIE
City Clerk
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