Pursuant to the provisions of Government Code Sections 50022.1
through 50022.8 and 50022.10, there is hereby recodified and adopted
the "Carlsbad Municipal Code" as revised, reformatted, indexed, codified,
compiled, updated and republished by Quality Code Publishing, 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, modified or amended by the provisions
of the Carlsbad Municipal Code.
(Ord. 1133 § 1, 1971; Ord. CS-289 § 1, 2016)
This code shall be known as the "Carlsbad Municipal Code," in
any prosecution for the violation of any provision thereof or in any
proceeding at law or equity. It shall also 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
of or repeal of the "Carlsbad Municipal Code." Further reference may
be had to the titles, chapters, sections and subsections of the "Carlsbad
Municipal Code" and such reference shall apply to that numbered title,
chapter, section or subsection as it appears in that code.
(Ord. 1133 § 2, 1971)
Whenever a reference is made to this code as the "Carlsbad Municipal
Code" or to any portion thereof, or to any ordinances of the City
of Carlsbad, California, that reference shall apply to all amendments,
corrections and additions heretofore, now, or hereafter made.
(Ord. 1133 § 3, 1971)
The Carlsbad Municipal Code consists of all the regulatory,
penal, and administrative ordinances of the City of Carlsbad, California,
of a general and permanent character, as originally codified pursuant
to Government Code Sections 50022.1 through 50022.8, and herein recodified
and recompiled pursuant to Government Code Section 50022.10.
(Ord. 1133 § 4, 1971; Ord. CS-289 § 2, 2016)
Unless the context otherwise requires, the following words and
phrases where used in the ordinances of the City of Carlsbad shall
have the meaning and construction given in this section:
includes along, in or upon.
means the City of Carlsbad.
means the City Council of the City of Carlsbad.
means the Carlsbad Municipal Code.
means the County of San Diego.
means by virtue of office.
The masculine gender includes the feminine and neuter.
includes wares and merchandise.
The singular number includes the plural, and the plural includes
the singular.
includes affirmation.
includes carry on, keep, conduct, maintain, or cause to be
kept or maintained.
when pertaining to a building or land shall include any part
owner, joint owner, tenant in common, or joint tenant of the whole
or part of such building or land.
means any natural person, firm, association, joint venture,
joint stock company, partnership, organization, club, company, corporation,
business trust, or the manager, lessee, agent, servant, officer, or
employee of any of them.
includes any sale, exchange, barter or offer for sale. Shall,
may.
is mandatory, "may" is permissive.
means the State of California.
includes all streets, highways, public roads, county roads,
avenues, lanes, alleys, courts, places, squares, curbs, sidewalks,
parkways, or other public ways in Carlsbad 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.
The present tense includes the past and future tenses, and
the future tense includes the present tense.
when pertaining to a building or land shall include any person
who occupies the whole or part of such building or land, whether alone
or with others.
The use of the title of any officer, employee, department,
board or commission means that officer, employee, department, board
or commission of the City of Carlsbad.
(Ord. 1133 § 5, 1971)
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 of this code.
(Ord. 1133 § 6, 1971)
Any reference in matters of record to any ordinance designated
by number or otherwise, existing prior to the adoption of this code,
shall be construed to apply to the corresponding provisions in this
code. Pursuant to Government Code Section 50022.8, copies of this
code that have been duly certified by the City Clerk shall be received
without further proof as prima facie evidence of the provisions of
such code in all courts and administrative tribunals of this state.
Carlsbad Municipal Code sections cited on signage within the city
shall, until updated if and as required, be deemed to be citations
to the counterpart sections in the recodified Carlsbad Municipal Code
for purposes of notice and enforcement.
(Ord. 1133 § 7, 1971; Ord. CS-289 § 5, 2016)
Neither the adoption of this code nor the repeal or amendment
hereby of any ordinance or any part 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 of this
code, 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. 1133 § 8, 1971)
The Carlsbad Municipal Code shall become effective on the date
that the ordinance codified in this chapter becomes effective.
(Ord. 1133 § 9, 1971)
It is hereby declared to be the intention of the City Council
that the sections, paragraphs, sentences, clauses and phrases of this
code are severable, and if any phrase, clause, sentence, paragraph
or section of this code is declared unconstitutional or without effect
by any final judgment or decree of a court of competent jurisdiction,
such judgment or decree shall not affect any of the remaining phrases,
clauses, sentences, paragraphs and sections of this code.
(Ord. 1133 § 10, 1971; Ord. CS-289 § 6, 2016)
Except when otherwise specifically indicated the obligations
imposed upon city officers or employees for implementation and enforcement
of this code are directory in nature. Nothing in this code shall be
construed as limiting or eliminating any defense or immunity from
liability for the city or its officers or employees established by
the provisions of Title 1, Division 3.6 of the California Government
Code or by any other provision of law. Except when otherwise specifically
indicated, the manner and timing of enforcement and implementation
of this code shall be within the discretion of the City Manager or
other designated city officers or employees. Except when otherwise
specifically indicated this code shall not be construed to hold the
city or any officer or employee of the city responsible for any damage
to persons or property by reason of a failure to enforce, implement
or execute any of the provisions of this code. Nothing in this code
shall be construed to hold the city or any officer or employee of
the city responsible for any damage resulting to persons or property
by reason of any interpretation of this code by any city officer or
employee.
(Ord. 1277 § 1, 1985)
Nothing contained herein is intended to enact any new taxes
or to affect any penalty clauses contained in the existing ordinances
recodified by this action. The recodification of the Carlsbad Municipal
Code is intended by the City Council to be a continuation, without
change, of existing ordinances.
(Ord. CS-289 § 3, 2016)
The recodification and adoption of the Carlsbad Municipal Code
as specified in this chapter shall not affect the following matters:
A.
Actions
and proceedings that began before the effective date of the ordinance
codified in this chapter.
B.
Civil,
criminal and administrative proceedings concerning ordinance violations
committed before the effective date of the ordinance codified in this
chapter.
C.
The
amount of or collection of license, fee, penalty debt, forfeiture
or obligation due and unpaid as of the effective date of the ordinance
codified in this chapter.
D.
Bonds
and cash deposits required to be posted, filed or deposited pursuant
to any ordinance, resolution or regulation.
(Ord. CS-289 § 4, 2016)
