MODESTO, CALIFORNIA - MUNICIPAL CODE

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A Codification of the General Ordinances of
the City of Modesto, California

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Adopted October 6, 1954
Effective Midnight October 21, 1954

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Harry Marks, Mayor
Merrill L. Adams		David L. Arata
Robert W. Adams		Dan Mellis
Clifford M. Annan		Lyndall O. Merrill
Councilmen
Ross Miller, City Manager		Rex E. Gailfus, City Clerk

 

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Compiled and codified under the
direction and supervision of
Allen Grimes, City Attorney

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Beginning with Supp. No. 23,
Supplemented by Municipal Code Corporation

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PREFACE

The Modesto Municipal Code, originally published by Book Publishing Company in 1954, has been kept current by regular supplementation by Matthew Bender & Company, Inc., its successor in interest.

Beginning with Supplement No. 23, Municipal Code Corporation will be keeping this code current by regular supplementation.

During original codification, the ordinances were compiled, edited and indexed by the editorial staff of Book Publishing Company under the direction of Allen Grimes, city attorney.

A modification of the decimal system has been used to provide flexibility. Each section number consists of two component parts separated by a dash. The figure before the dash refers to the appropriate title of the code and the figure after the dash refers to the chapter number within the title. The figures to the right of the decimal point refer to the article number within the chapter, if any, and to the position of the section within the chapter.

The source of each section of the code is shown in parentheses following each section thereof. In this manner it is possible to trace the historical derivation of each section of the code. This legislative history is complemented by an ordinance list and disposition table, following the text of the code, listing by number all ordinances, their subjects, and where they appear in the codification; and beginning with Supplement No. 23, legislation can be tracked using the "Code Comparative Table and Disposition List."

A subject-matter index, with complete cross-referencing, locates specific code provisions by individual section numbers.

This supplement brings the Code up to date through Ordinance 3692-C.S., effective March 14, 2019.

Municipal Code Corporation
1700 Capital Circle SW
Tallahassee, FL 32310
800-262-2633

HOW TO USE YOUR CODE

This code is organized to make the laws of the city as accessible as possible to city officials, city employees and private citizens. Please take a moment to familiarize yourself with some of the important elements of this code.

Title.

A title is a broad category under which ordinances on a related subject are compiled. This code contains about 12 titles. For example, the first title is Title 1, General Provisions, which may contain ordinances about the general penalty, code adoption and definitions. The titles in this code are separated by tabbed divider pages for quick reference.

Chapter.

Chapters deal with more specific subjects, and are often derived from one ordinance. All of the chapters on a related subject are grouped in one title.

Section.

Each section of the code contains substantive ordinance material.

Tables of Contents.

There are many tables of contents in this code to assist in locating specific information. At the beginning of the code is the main table of contents listing each title. In addition, each title and chapter has its own table of contents listing the chapters and sections, respectively.

Ordinance History Note.

At the end of each code section, you will find an "ordinance history note," which lists the underlying ordinances for that section. The ordinances are listed by number, section (if applicable) and effective date. (Example: (Added by Ord. 3321-C.S., § 1, effective 11-13-03).)

Beginning with Supplement No. 23, a secondary ordinance history note will be appended to affected sections. Ordinance history notes will be amended with the most recent ordinance added to the end. These history notes can be cross referenced to the code comparative table and disposition list appearing at the back of the volume preceding the index.

Statutory References.

The statutory references direct the code user to those portions of the state statutes that are applicable to the laws of the municipality. As the statutes are revised, these references will be updated.

Ordinance List and Disposition Table.

To find a specific ordinance in the code, turn to the section called "Tables" for the Ordinance List and Disposition Table. This very useful table tells you the status of every ordinance reviewed for inclusion in the code. The table is organized by ordinance number and provides a brief description and the disposition of the ordinance. If the ordinance is codified, the chapter (or chapters) will be indicated. (Example: (2.04, 6.12, 9.04).) If the ordinance is of a temporary nature or deals with subjects not normally codified, such as budgets, taxes, annexations or rezones, the disposition will be "(Special)." If the ordinance is for some reason omitted from the code, usually at the direction of the municipality, the disposition will be "(Not codified)." Other dispositions sometimes used are "(Tabled)," "(Pending)," "(Number Not Used)" or "(Missing)."

Beginning with Supplement No. 23, this table will be replaced with the "Code Comparative Table and Disposition List."

Code Comparative Table and Disposition List.

Beginning with Supplement No. 23, a Code Comparative Table and Disposition List has been added for use in tracking legislative history. Located in the back of this volume, this table is a chronological listing of each ordinance considered for codification. The Code Comparative Table and Disposition List specifies the ordinance number, adoption date, description of the ordinance and the disposition within the code of each ordinance. By use of the Code Comparative Table and Disposition List, the reader can locate any section of the code as supplemented, and any subsequent ordinance included herein.

Index.

If you are not certain where to look for a particular subject in this code, start with the index. This is an alphabetical multi-tier subject index which uses section numbers as the reference, and cross-references where necessary. Look for the main heading of the subject you need, then the appropriate subheadings:

BUSINESS LICENSE

See also BUSINESS TAX
Fee 5.04.030
Required when 5.04.010

The index will be updated as necessary when the code text is amended.

Instruction Sheet.

Each supplement to the new code will be accompanied by an Instruction Sheet. The Instruction Sheet will tell the code user the date of the most recent supplement and the last ordinance contained in that supplement. It will then list the pages that must be pulled from the code and the new pages that must be inserted. Following these instructions carefully will assure that the code is kept accurate and current. Removed pages should be kept for future reference.

Page Numbers.

When originally published, the pages of this code were consecutively numbered. As of Supplement No. 23, when new pages are inserted with amendments, the pages will follow a "Point Numbering System". (Example: 32, 32.1, 32.2, 32.2.1, 32.2.2., 33). Backs of pages that are blank (in codes that are printed double-sided) will be left unnumbered but the number will be "reserved" for later use.

Electronic Submission.

In the interests of accuracy and speed, we encourage you to submit your ordinances electronically if at all possible. We can accept most any file format, including Word, WordPerfect or text files. If you have a choice, we prefer Word, any version. You can send files to us as an e-mail attachment, by FTP, on a diskette or CD-ROM. Electronic files enable us not only to get you your code more quickly but also ensure that it is error-free. Our e-mail address is: [e-mail] .

For hard copy, send two copies of all ordinances passed to:

Municipal Code Corporation
P.O. Box 2235
Tallahassee, FL 32316

Customer Service.

If you have any questions about this code or our services, please contact Municipal Code Corporation at 1-800-262-2633 or:

Municipal Code Corporation
1700 Capital Circle SW
Tallahassee, FL 32310

ORDINANCE NO. 1142-N.S.

An Ordinance Adopting a Municipal Code for the City of Modesto, Prescribing Certain Penalties for Violation of the Provisions Thereof, and Repealing Certain Ordinances.

WHEREAS, Section 724 of the Charter of the City of Modesto provides that any or all of the ordinances of the City may be compiled, consolidated, revised, indexed and arranged as a comprehensive ordinance code, and such code may be adopted by reference,

NOW, THEREFORE, the Council of the City of Modesto does ordain as follows:

SECTION I. ADOPTION OF MUNICIPAL CODE. That certain document, three (3) copies of which are on file in the Office of the City Clerk, being marked and designated as the "Modesto Municipal Code", is hereby adopted by reference. Each and all of the provisions, terms and penalties of said code on file in the Office of the City Clerk are hereby referred to. adopted, incorporated herein and hereby made a part hereof as if fully set forth in this ordinance.

SECTION 2. REPEAL OF ORDINANCES. Except as otherwise provided in this ordinance and in said Municipal Code, all ordinances of the City of Modesto in force upon the effective date of this ordinance are hereby repealed.

SECTION 3. CERTAIN ORDINANCES TO REMAIN IN EFFECT. Those certain ordinances of the City of Modesto which are listed in Table 2 and Table 3 of the Appendix to said Municipal Code shall not be repealed by this ordinance but shall remain in full force and effect

SECTION 4. EXCEPTIONS TO REPEALS. No rights, obligations, duties, privileges or encumbrances arising from any ordinance which is repealed by this ordinance and which said ordinance relates to any of the following matters shall be affected by the repealing provisions of this ordinance or of said Modesto Municipal Code:

(a)

The public debt or the public credit;

(b)

The establishment, naming, width, grade, construction, improvement or vacation of a public street, sidewalk, alley or other public property or facility;

(c)

The annexation of territory;

(d)

Any contract to which the City is a party or any contract inuring to the City's benefit;

(e)

The acquisition or disposition of any interest in real or personal property;

(f)

A municipal election;

(g)

Any appropriation or expenditure of public funds;

(h)

The levy or imposition of property taxes or fixing the tax rate;

(i)

Levying of a special benefit assessment or creating a lien or debt against the owner of any property or said property; or

(j)

The granting of any franchise, license or right by the City, which license, grant, power or franchise is legally in force and effect upon the effective date of this ordinance. Every such license, grant, and power or franchise shall expire as originally provided.

SECTION 5. SAVINGS PROVISIONS. The repealing provisions of this ordinance or of said Modesto Municipal Code shall not effect or impair any act done or right vested or approved or any proceeding, suit or prosecution had or commenced in any cause before such repeal shall take effect; but every such act done, or right vested or accrued, or proceeding, suit or prosecution had or commenced shall remain in full force and effect to all intents and purposes as if such ordinance or part thereof so repealed had remained in force. No offense committed and no liability, penalty or forfeiture, either civilly or criminally incurred prior to the time when any such ordinance or part thereof shall be repealed or altered by said code shall be discharged or effected by such repeal or alteration; but prosecutions and suits for such offenses, liabilities, penalties or forfeitures shall be instituted and proceeded with in all respects as if such prior ordinance or part thereof had not been repealed or altered.

SECTION 6. VIOLATION OF CODE. It shall be unlawful for any person to violate any provision, or fail to comply with any requirement of said code. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of said Code shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the provisions of said Code, shall be punishable by a fine of not more than One Thousand and no/lOOths ($1,000.00) Dollars, or by imprisonment in the County jail of the County of Stanislaus for a period not exceeding one (1) year, or by both such fine and imprisonment. Any such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of said Code is committed, continued or permitted by such person and shall be punishable accordingly.

In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of said Code shall be deemed a public nuisance and may, by this City, be summarily abated, and each day such condition continues shall be regarded as a new and separate offense.

SECTION 7. EFFECTIVE DATE. This ordinance shall take effect and be in full force and operation from and after fifteen (15) days after its final passage and adoption.

SECTION 8. PUBLICATION. This ordinance shall be published in full at least once at least three (3) days prior to the final adoption in The Modesto Tribune, the official newspaper of the City of Modesto.

The foregoing ordinance was introduced at a regular meeting of the Council of the City of Modesto held on the 22nd day of September. 1954, by Councilman Mellis. who moved its introduction and passage to print, which motion being duly seconded by Councilman Arata, was upon roll call carried and ordered printed and published by the following vote:

AYES: Councilmen: M. Adams, R. Adams, Annan, Arata, Mellis, Merrill and Mayor Marks.

NOES: Councilmen: None.

ABSENT: Councilmen: None.

APPROVED: HARRY MARKS,

Mayor

ATTEST: REX E. GAILFUS, City Clerk.

FINAL ADOPTION CLAUSE

The foregoing ordinance, having been printed and published as required by the Charter of the City of Modesto, and coming on for final consideration at the regular meeting of the Council of the City of Modesto held on the 6th day of October, 1954, Councilman R. Adams moved its final adoption, which motion being duly seconded by Councilman Arata, was upon roll call carried and the ordinance finally adopted by the following vote:

AYES: Councilmen: M. Adams, R. Adams, Annan, Arata, Mellis, and Mayor Marks.

NOES: Councilmen: None.

ABSENT: Councilmen: Merrill.

APPROVED: HARRY MARKS,

Mayor

ATTEST: REX E. GAILFUS, City Clerk.