Title 1 — General Provisions

§ 1.01.010 Adoption of Code

The ordinances embraced in the following titles, chapters, and sections shall constitute and be designated as the "McLainberg Municipal Code" and may be cited as such. This Code is adopted pursuant to the provisions of the California Government Code and the general police powers of the City of McLainberg as a general law city incorporated under the laws of the State of California.

§ 1.01.020 Title

This Code shall be known and may be cited as the "McLainberg Municipal Code" or the "Code of the City of McLainberg."

§ 1.01.030 Effective Date

This Code, as amended, shall become effective immediately upon its adoption by the City Council, unless a different effective date is specified in the adopting ordinance.

§ 1.01.040 Severability

If any provision of this Code, or the application of any such provision to any person or circumstance, is held invalid, the remainder of this Code or the application of such provision to other persons or circumstances shall not be affected by such invalidity. The City Council hereby 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 be declared invalid or unconstitutional.

§ 1.01.050 Constitutionality

This Code shall be liberally construed to effectuate its purposes and to promote the public health, safety, comfort, convenience, prosperity, and general welfare.

§ 1.02.010 Rules of Construction

In the construction of this Code, the following rules shall be observed unless such construction would be inconsistent with the manifest intent of the City Council:

1. City. "City" means the City of McLainberg, a California municipal corporation.
2. City Council. "City Council" or "Council" means the City Council of the City of McLainberg.
3. City Manager. "City Manager" means the City Manager of the City of McLainberg or their designee.
4. County. "County" means the County in which McLainberg is located.
5. Gender. Every word importing the masculine gender shall extend to and include females and entities. Every word importing the feminine gender shall extend to and include males and entities.
6. Number. Every word importing the singular number shall extend to and include the plural number, and vice versa.
7. Person. The word "person" shall extend to and include individuals, firms, corporations, associations, partnerships, limited liability companies, governmental agencies, and any other legal entities.
8. Shall/May. "Shall" is mandatory; "may" is permissive.
9. State. "State" means the State of California.
10. Tense. Words used in the past or present tense include the future tense.

§ 1.02.020 Conflicting Provisions

Where a general provision of this Code conflicts with a specific provision, the specific provision shall control. Where a provision of this Code conflicts with a provision of state law, the state law provision shall control to the extent required by the California Constitution and applicable statutes.

§ 1.02.030 References to State Law

Whenever any provision of this Code refers to or cites a section of state law and that state law has been amended, the reference shall be deemed to refer to the amended provision. Whenever any provision of this Code incorporates state law by reference, such incorporation shall be deemed to include subsequent amendments to the referenced state law unless otherwise specified.

§ 1.03.010 General Penalty

Any person violating any provision of this Code, or any rule or regulation adopted pursuant thereto, shall be guilty of an infraction unless the violation is specifically designated a misdemeanor. Infractions shall be punishable as provided in California Penal Code Section 19.8. Misdemeanors shall be punishable by a fine not exceeding one thousand dollars ($1,000) or imprisonment in the county jail not exceeding six (6) months, or both.

§ 1.03.020 Administrative Citations

As an alternative to criminal prosecution, the City may issue administrative citations pursuant to Chapter 1.04 of this Code. The imposition of an administrative citation does not preclude any other remedy available to the City, including injunctive relief.

§ 1.03.030 Continuing Violations

Each day during which a violation continues shall constitute a separate offense. The imposition of a penalty for any violation shall not excuse the violation or permit it to continue; all such violations shall be corrected within the time specified in any notice, citation, or order issued by the City.

§ 1.03.040 Civil Remedies

The City may seek injunctive or other civil relief to enforce this Code in addition to or in lieu of any criminal prosecution or administrative citation. The prevailing party in any such civil action shall be entitled to recover reasonable attorney's fees and costs.

§ 1.04.010 Amendment Procedure

This Code may be amended by ordinance adopted by the City Council after notice and public hearing as required by applicable state law. Amendments shall become part of this Code upon adoption and shall be incorporated into the Code at the next scheduled codification update.

§ 1.04.020 Repeal of Ordinances

The repeal of an ordinance does not revive any ordinance previously repealed or suspended, nor does it affect any right which has accrued, any duty imposed, any violation that has occurred, or any proceeding commenced under the repealed ordinance.

§ 1.04.030 Effect on Pending Actions

Any ordinance repealing or amending any provision of this Code shall not affect any suit, prosecution, or proceeding pending at the time of such repeal or amendment for any violation of the provision being repealed or amended. Such suits, prosecutions, and proceedings shall continue and be determined under the law in effect at the time the violation occurred.