Title 1 - General Provisions#

Chapter 1.01 - Adoption of Code#

1.01.010 - Approval of code.#

The city council finds and determines, as a result of study and investigation by the city and its city attorney, that the Municipal Code of the city of Lincoln is an approved code for adoption by reference within the meaning of Section 50022.1 of the Government Code of the state of California.

(Ord. 457B §1, 1984)

1.01.020 - Adoption.#

(a) Pursuant to the provisions of Sections 50022.1 and 50022.2, inclusive, of the Government Code of the state of California, the city council adopts by reference the Municipal Code of the city of Lincoln, together with those ordinances passed subsequent to the compilation of the Lincoln Municipal Code and prior to its adoption, and together with those secondary codes adopted by reference as authorized by the California State Legislature, save and except those portions of the secondary codes as are deleted or modified by the provisions of the Lincoln Municipal Code.

(b) At least one copy of the Lincoln Municipal Code, together with the ordinances and secondary codes mentioned in subsection A of this section, certified to be true copies by the city clerk, shall be filed in the office of the city clerk at least 15 days preceding the hearing provided for in Section 1.01.030 of this chapter; and a reasonable supply of copies shall be kept there for public inspection while the code is in force.

(Ord. 457B §2, 1984)

1.01.030 - Public hearing and notice.#

Pursuant to the provisions of Section 50022.3 of the Government Code of the state, after the first reading of the title of the ordinance codified in this chapter, and the title of the code to be adopted, a public hearing shall be held thereon on the 24th day of April, 1984, and notice thereof shall be given in accordance with Section 6066 of the Government Code of the state, by publication of a notice in the News Messenger, a newspaper of general circulation within the city. The notice shall state the time and place of the hearing and shall state that a copy of the Lincoln Municipal Code, and the secondary codes, pertaining thereto being considered for adoption are on file with the city clerk of the city and are open to public inspection. The notice shall contain a description sufficient to give notice to interested persons of the purpose of the code to be adopted by reference and the subject matter thereof. The city council finds and determines that the following is a sufficient description to be incorporated in the notice to give notice to interested persons of the purpose of the code and the subject matter thereof:

A municipal code entitled "Lincoln Municipal Code" comprising all general ordinances of the City of Lincoln up to and including Ordinance No. 420B, passed and adopted May 25, 1982, and further including Ordinance Nos. 421B through 456B, inclusive, passed subsequent to Ordinance No. 420B but prior to the adoption of the Lincoln Municipal Code and those secondary codes adopted by reference as authorized by the California State Legislature, save and except those portions of the secondary codes as are deleted or modified by the provisions of the Lincoln Municipal Code.

(Ord. 457B §3, 1984)

1.01.040 - Ordinances passed prior to adoption of the code.#

The last ordinance included in the Lincoln Municipal Code was Ordinance No. 420B, passed May 25, 1982. Ordinance Nos. 421B through 456B, inclusive, passed subsequent to Ordinance No. 420B, but prior to adoption of the ordinance codified in this chapter, are adopted and made a part of the Lincoln Municipal Code.

(Ord. 457B §4, 1984)

1.01.050 - Amendments.#

In accordance with Section 50022.7 of the Government Code of the state, the city council may propose and adopt amendments to this code and, in the discretion of the city council, such amendments may be adopted by reference as provided in Section 50022.7 of the Government Code of the state, or an ordinance may be enacted in the regular manner, setting forth the entire text of such amendment.

(Ord. 457B §5, 1984)

1.01.060 - Penalty where none provided.#

Whenever in this code or in any other ordinance of the city, any act is prohibited or is made or declared to be unlawful, or any offense, or the doing of any act is required, or the failure to do any act is declared to be unlawful or a misdemeanor, where no specific penalty is provided therefor, the violation of any such provision of said code or any other ordinance of the city shall be punished according to the punishment prescribed for a misdemeanor in the general laws of the state.

(Ord. 457B §6, 1984)

1.01.070 - Separate offenses.#

Every day any violation of this code or any other ordinance of the city shall continue shall constitute a separate and distinct offense.

(Ord. 457B §7, 1984)

1.01.080 - Severability.#

It is declared to be the intention of the city council that the sections, subsections, paragraphs, sentences, clauses and phrases of the ordinance codified in this chapter, and the code hereby adopted are severable, and if any phrase, clause, sentence, paragraph, section or subsection of the ordinance codified in this chapter and the code hereby adopted shall be declared unconstitutional or otherwise invalid by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, sections and subsections of this chapter or the code adopted by the ordinance codified in this chapter.

(Ord. 457B §8, 1984)

1.01.090 - Repeal.#

All ordinances or parts of ordinances in conflict with this code, as adopted by the ordinance codified in this chapter and including those ordinances incorporated in said code by Section 1.01.040 of this chapter, and those secondary codes adopted by reference as authorized by the California State Legislature save and except those portions of the secondary codes as are deleted or modified by the provisions of this code, are repealed.

(Ord. 457B §9, 1984)

1.01.100 - Effect of code on past actions and obligations.#

Neither the adoption of this code nor the repeal or amendment of any ordinance or part or portion of any ordinance of 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.

(Ord. 457B §10, 1984)

1.01.110 - Effective date.#

The provisions of this code shall be in full force and effect on and after 30 days after the adoption thereof.

(Ord. 457 §11, 1984)