Pursuant to the provisions of Sections 50022.1 through 50022.8
of the Government Code of the state, there is adopted the Rancho Mirage
Municipal Code as published by Book Publishing Company 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 Rancho Mirage
Municipal Code.
(Ord. 145 § 1, 1978)
This code shall be known as the Rancho Mirage Municipal Code,
and it shall be sufficient to refer to this code as the Rancho Mirage
Municipal Code in any prosecution for the violation of any provision
thereof or in any proceeding at law or in 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 Rancho Mirage Municipal Code. Further
reference may be had to the titles, chapters, sections and subsections
of the Rancho Mirage Code and such references shall appear to that
numbered title, chapter, section or subsection as it appears in the
code.
(Ord. 145 § 2, 1978)
The last ordinance included in this code was Ordinance 115 passed
October 21, 1976. The following ordinances, passed subsequent to Ordinance
115, but prior to adoption of this code, are hereby adopted and made
a part of this code: Ordinances 116 through 140.
(Ord. 145 § 3, 1978)
Whenever a reference is made to this code as the Rancho Mirage
Municipal Code or to any portion thereof, or to any ordinance of the
city, the reference shall apply to all amendments, corrections and
additions heretofore, now or hereafter made.
(Ord. 145 § 4, 1978)
Title, chapter and section headings contained in this code 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.
(Ord. 145 § 5, 1978)
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 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.
(Ord. 145 § 6, 1978)
Neither the adoption of this code nor the repeal or amendment
hereby of any other 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 the 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
provisions applicable to any violation thereof, nor to affect the
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. 145 § 7, 1978)
This code shall become effective on the date the ordinance adopting
this code as the Rancho Mirage Municipal Code shall become effective.
(Ord. 145 § 8, 1978)
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. The council 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 shall be declared invalid or unconstitutional,
then the original ordinance or ordinances shall be in full force and
effect.
(Ord. 145 § 9 1978)
A.
Recitals.
Whereas, by the adoption of Ordinance No. 145, the city council of
the city of Rancho Mirage, then a general law city, enacted and adopted
the Rancho Mirage Municipal Code; and
Whereas, on November 4, 1997, the voters of the city of Rancho
Mirage ratified the Charter of the city of Rancho Mirage; and
Whereas, on December 25, 1997, the Secretary of State of the
state of California accepted the aforementioned charter for filing,
which has been assigned Charter Chapter No. 20 for publication in
the Statutes of 1997; and
Whereas, on , 1997, the charter was recorded in the County of
Riverside office of the recorder; and
Whereas, it is the intent of the city council, acting on behalf
of the Charter city of Rancho Mirage to re-enact and readopt the Rancho
Mirage Municipal Code, including all amendments thereto; and
Whereas, by said re-enactment and readoption, the city council
intends that the Rancho Mirage Municipal Code be interpreted, applied
and enforced in accordance with the laws of the state of California
as applied to the city of Rancho Mirage as a Charter city having the
right of governance over its municipal affairs; and
Whereas, California Government Code, Section 50022.10, authorizes
the city to recodify its municipal code;
B.
Now,
therefore, the city council of the city of Rancho Mirage does ordain
as follows:
1.
That
the recitals set forth above are true and correct and are incorporated
herein by this reference.
2.
That
the Rancho Mirage Municipal Code, including all amendments thereto,
which is on file with the city clerk of the city of Rancho Mirage,
is hereby re-enacted and readopted without change, except as provided
herein, and shall, without interruption, remain in continuous and
full force and effect unless and until amended or repealed by action
of the city council.
3.
That
all provisions of the Rancho Mirage Municipal Code shall be in full
force and effect on, from and after, the effective date of the ordinance
codified in this section; further, the provisions of the Rancho Mirage
Municipal Code shall be interpreted, applied and enforced in accordance
with the laws of the state of California as applied to a Charter city.
4.
That
any and all ordinances previously adopted by the city council of the
city of Rancho Mirage on file in the office of the city clerk, and
not incorporated into the terms of the previous Rancho Mirage Municipal
Code, are hereby re-enacted and readopted without change and shall,
without interruption, remain in continuous and full force and effect
unless and until amended or repealed by action of the city council,
which ordinances shall be interpreted, applied and enforced in accordance
with the laws of the state of California as applied to a Charter City.
5.
6.
A
copy of the Rancho Mirage Municipal Code shall be kept on file in
the office of the city clerk and it shall be the duty of the city
clerk, or the city clerks designee, to periodically update and maintain
the Rancho Mirage Municipal Code with such amendments or additions
made by ordinances adopted by the city council or to delete from the
Rancho Mirage Municipal Code, provisions which may be, from time to
time, repealed by ordinances of the city council. The copy of the
Rancho Mirage Municipal code kept and maintained by the city clerk
shall be the official Rancho Mirage Municipal Code.
7.
Whenever
by the provision of the Rancho Mirage Municipal Code any act is prohibited
or is made or declared to be unlawful or an offense, or the doing
of any act is declared unlawful or an offense, the violation of any
such provision is a misdemeanor or an infraction as specified in the
penalty provisions of the Rancho Mirage Municipal Code.
8.
CEQA.
The passage of the ordinance codified in this section is not a project
nor will it have a significant impact on the environment.
9.
Severability.
If any section, subsection, sentence, clause or phrase of this section
is for any reason held to be invalid or unconstitutional by the decision
of a court of competent jurisdiction, such decision shall not affect
the validity of the remaining portions of the section. The city council
of the city of Rancho Mirage hereby declares that it would have passed
the ordinance codified in this section, and each section, subsection,
clause, sentence or phrase thereof, irrespective of the fact that
any one or more other sections, subsections, clauses, sentences or
phrases may be declared invalid or unconstitutional.
10.
Savings Clause. Neither the adoption of this section nor the repeal
of any other ordinance of the city of Rancho Mirage shall, in any
manner, affect the prosecution for violations of the ordinances, which
violations were committed prior to the effective date thereof, nor
be construed as a waiver of any license or penalty or the penal provisions
applicable to any violation thereof. The provisions of this section,
insofar as they are substantially the same as ordinance provisions
previously adopted by the city council relating to the same subject
matter, shall be construed as restatements and continuations, and
not as new enactments.
11.
The city clerk shall certify to the passage hereof, and cause it
to be posted as required by law. The ordinance codified in this section
shall take effect on the thirtieth day following the date of its adoption.
(Ord. 688, 1998; Ord. 835 § 2, 2003; Ord. 839 § 2, 2003)
