ADOPTION OF CODE
ORDINANCE NO. 1 N.S.
AN ORDINANCE OF THE TOWN OF TIBURON ADOPTING A REVISION AND CODIFICATION OF THE ORDINANCES OF THE TOWN OF TIBURON, CALIFORNIA, ENTITLED "THE CODE OF THE TOWN OF TIBURON, CALIFORNIA," PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN THE CERTAIN EXCEPTIONS, AND FOR OTHER PURPOSES HEREINAFTER SET OUT.
The Town Council of the Town of Tiburon does ordain as follows:
Section 1. Except as otherwise set forth in subparagraph (a) below, there is hereby adopted by the Town Council that certain Code enTitled "The Code of the Town of Tiburon, California," containing certain ordinances of a general and permanent nature as compiled, consolidated, codified and indexed in Chapters 1 to 26, both inclusive, of which Code not less than three certified copies have been and are now filed in the office of the Town Clerk.
(a) The following portions of said Code are not adopted:
1. Title I, Chapter 2, Article IV.
2. Title IV, Chapter 14, Article IV, Section 14-42(a)(1).
Section 2. The provisions of such Code shall be in force on and after February 8, 1968, and all ordinances of a general and permanent nature adopted on final reading and passage on or before March 13, 1967, and not contained in such Code are hereby repealed from and after February 8, 1968, except as hereinafter provided.
Section 3. The repeal provided for in the preceding section of this ordinance shall not affect any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before February 8, 1968; nor shall it affect any prosecution, suit or proceeding pending or any judgment rendered prior to February 8, 1968; nor shall such repeal affect any ordinance or resolution promising or guaranteeing the payment of money to or for the Town or authorizing the issue of any bonds of the Town or any evidence of the Town's indebtedness or any contract or obligation assumed by the Town; nor shall it affect the annual tax levy; nor shall it affect any right or franchise conferred by ordinance or resolution of the Town on any person or corporation; nor shall it affect any ordinance adopted for purposes which have been consummated; nor shall it affect any ordinance which is temporary, although general in effect, or special, although permanent in effect; nor shall it affect any ordinance relating to the salaries of the Town officers or employees; nor shall it affect any ordinance annexing territory to the Town; nor shall it affect any ordinance naming, renaming, opening, accepting or vacating streets or alleys in the Town; nor shall it affect any ordinance relating to zoning; nor shall it affect any ordinance adopted on final reading and passage after March 13, 1967; nor shall it affect any of the following specific ordinances which are hereby renumbered as follows:
Original Ordinance No. Subject New No. 12 Town depositaries 2 N.S. 28 Inclusion of property in Tiburon Fire Protection District 3 N.S. 30 Franchise 4 N.S. 31 Franchise 5 N.S. 47 Inclusion of property in Tiburon Fare Protection District 6 N.S. 69 Retirement System Contract 7 N.S. 80 Zoning Ordinance 9 N.S. 83 C.A.T.V. Franchise 12 N.S. (Ord. No. 23 N.S., § 1.)
Section 4. Whenever in the Code adopted by this ordinance or in any other ordinance or resolution of the Town or in any rule, regulation, or order promulgated by any officer or agency of the Town under authority duly vested in him or it, any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or the doing of any act is required or the failure to do any act is declared to be unlawful or an offense or a misdemeanor, where no specific penalty is provided therefor, the violation of any such provision of such Code or any other ordinance of the Town or such rule, regulation or order shall be punished by a fine not exceeding five hundred dollars ($500.00) or imprisonment for a term not exceeding six (6) months, or by both such fine and imprisonment.
Except where otherwise provided, every day any violation of such Code or any other ordinance of the Town or such rule, regulation or order shall continue shall constitute a separate offense.
Section 5. It is hereby declared to be the intentions of the Town Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance and the Code hereby adopted are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance or 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 and sections of this ordinance or the Code hereby adopted.
Section 6. This ordinance is to take effect and be in force at the expiration of thirty (30) days after its passage, and before the expiration of fifteen (15) days after its passage, the same shall be published, with the names of the members voting for and against the same, at least once in a newspaper of general circulation published in the Town of Tiburon.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon held on 8 January , 1968, by the following vote:
AYES: COUNCILMEN: Bremer, Drohan, Fanning, Strawbridge, Hoffmire NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None ___________ JOHN S. HOFFMIRE, JR. Mayor of the Town of Tiburon ATTEST:
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LAWRENCE D. ROSE, Town ClerkORDINANCE NO. 358 N.S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADOPTING THE 1968 MUNICIPAL CODE AS REVISED AND REPUBLISHED IN 1990
WHEREAS, the California State Legislature has provided for the codification and publication of the permanent and general ordinances of cities in Sections 50022.10 of the Government Code, and
WHEREAS, the Book Publishing Company, Seattle, Washington, has compiled, edited and published a codification of the permanent and general ordinances of the Town of Tiburon, California, and
WHEREAS, there have been filed and there are now on file in the office of the Town Clerk, for public inspection, one (1) copy of a document entitled "Tiburon Municipal Code," together with one (1) copy of each of the secondary codes therein adopted by references;
Section 1. Adoption. Pursuant to the provisions of Sections 50022.1—50022.8 and 50022.10 of the Government Code, there is hereby adopted the "Tiburon Municipal Code" as published by Book Publishing Company, Seattle, Washington, 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 "Tiburon Municipal Code".
Section 2. Title-Citation-Reference. This code shall be known as the "Tiburon Municipal Code" and it shall be sufficient to refer to said code as the "Tiburon 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 ordinance adding to, amending, correcting or repealing all or any part or portion thereof as an addition to, amendment to, correction or repeal of the "Tiburon Municipal Code". Further reference may be had to the titles, chapters, sections and subsections of the "Tiburon 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 Town of Tiburon, California, codified pursuant to the provisions of Sections 50022.1—50022.8 and 50022.10 of the Government Code.
Section 4. Ordinances passed prior to adoption of the code. The last ordinance included in this code was Ordinance No. 353 N.S. passed January 17, 1990. The following ordinances, passed subsequent to Ordinance No. 353 N.S., but prior to adoption of this code, are hereby adopted and made a part of this code:
Ordinance No. 354 N.S., Ordinance No. 355 N.S. and Ordinance No. 356 N.S.
Section 5. Reference applies to all amendments. Whenever a reference is made to this code as the "Tiburon Municipal Code" or to any portion thereof, or to any ordinance of the Town of Tiburon, California, the reference shall apply to all amendments, corrections and additions heretofore, nor [now] or hereafter made.
Section 6. Title, chapter and section 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.
Section 7. Reference to specific ordinances. The provisions of this code shall not in any manner affect 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 8. Effect of code on past actions and obligations. Neither the adoption of this code nor the repeal or amendment hereby of any ordinance or part or portion of any ordinance of the Town Council 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. This code shall become effective on the date the ordinance adopting this code as the "Tiburon Municipal 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 by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The Town Council of the Town of Tiburon hereby declares that it would have passed this code, any section, subsection, clause, sentence or phrase thereof, irrespective of the fact that any one or more other sections, subsections, sentences, phrases, or clauses may be declared invalid or unconstitutional, and if for any reason this code should be declared invalid or unconstitutional, then the original ordinance or ordinances shall be in full force and effect.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on October 17, 1990 by the following vote:
AYES: COUNCILMEMBERS: Coxhead, Thayer, Kuhn, Logan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Friedman ___________ PETER B. LOGAN, MAYOR
Town of TiburonATTEST:
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THERESE M. HENNESSY, TOWN CLERKORDINANCE NO. 452 N.S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADOPTING THE
1999 TIBURON MUNICIPAL CODE
WHEREAS, the Book Publishing Company of Seattle, Washington, has compiled, edited and published a codification of the permanent and general ordinances of Town of Tiburon; and
WHEREAS, there are now on file in the office of the Town Clerk, for public inspection, three copies of a document entitled "Tiburon Municipal Code;"
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
Section 1. Adoption.
There is hereby adopted the "Tiburon Municipal Code," as compiled, edited and published by Book Publishing Company, Seattle, Washington.
Section 2. Title—Citation—Reference.
This code shall be known as the "Tiburon Municipal Code" and it shall be sufficient to refer to said code as the "Tiburon 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 ordinance adding to, amending, correcting or repealing all of any part or portion thereof as an addition to, amendment to, correction or repeal of the "Tiburon Municipal Code." References may be made to the titles, chapters, sections and subsections of the "Tiburon Municipal Code" and such references shall apply to those titles, chapters, sections or subsections as they appear in the code.
Section 3. Reference applies to all amendments.
Whenever a reference is made to this code as the "Tiburon Municipal Code" or to any portion thereof, or to any ordinance of the Town of Tiburon, codified herein, the reference shall apply to all amendments, corrections and additions heretofore, now or hereafter made.
Section 4. Title, chapter and section 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.
Section 5. Reference to specific ordinances.
The provisions of this code shall not in any manner affect 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 6. Ordinances passed prior to adoption of this code.
The last ordinance included in this code was Ordinance No. 446 N.S. [Amending Chapter 13, Building Regulations], adopted July 7, 1999.
The following ordinances, passed subsequent to Ordinance No. 446 N.S., but prior to adoption of this code, are hereby adopted and made a part of this code: Ordinance No. 447 N.S., Ordinance No. 448 N.S., Ordinance No. 449 N.S., Ordinance No. 450 N.S., and Ordinance No. 451 N.S. (adopted October 20, 1999).
Section No. 7. Effect of code on past actions and obligations.
The adoption of this code does not affect prosecutions for ordinance violations committed prior to the effective date of this code, does not waive any fee or penalty due and unpaid on the effective date of this code, and does not affect the validity of any bond or cash deposit posted, filed or deposited pursuant to the requirements of any ordinance.
Section 8. Constitutionality.
If any section, subsection, sentence, clause or phrase of this code is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this code.
Section 9. References to prior code.
References in town forms, documents and regulations to the chapters and sections of the former Tiburon Municipal Code (adopted in 1968 and 1990) shall be construed to apply to the corresponding provisions contained within this code.
Section 10. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after the date of passage and before the expiration of fifteen (15) days after its passage a copy of the ordinance shall be published with the names of the members voting for and against it at least once in a newspaper of general circulation published in the Town of Tiburon.
This Ordinance was introduced at an adjourned meeting of the Town Council held on November 16, 1999, and was adopted at a regular meeting of the Town Council of the Town of Tiburon on December 1, 1999, by the following vote:
AYES: COUNCILMEMBERS: Bach, Hennessy, Matthews, Thompson NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Gram _____ ANDREW THOMPSON, VICE MAYOR ATTEST:
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DIANE CRANE ICAOPI, TOWN CLERK