ORDINANCE NO. 2-6
An Ordinance of the City of Fowler, State of California, Adopting the Fowler Municipal Code, Together with the Following Secondary Codes Therein Adopted by Reference, To Wit: That Certain Code Entitled "Uniform Fire Code", 1973 Edition, Including Its Appendices, as Adopted by the National Fire Protection Association, Save and Except Such Portions Thereof as Are Deleted, Modified, or Amended by the Provisions of the Fowler Municipal Code; Those Certain Codes Entitled "Uniform Building Code", 1973 Edition, Including Its Appendix, and "Uniform Housing Code", 1973 Edition, as Adopted by the International Conference of Building Officials, Save and Except Such Portions Thereof as Are Deleted, Modified, or Amended by the Provisions of the Fowler Municipal Code; That Certain Code Entitled "National Electrical Code", 1975 Edition, Including Its Appendix, as Adopted by the National Fire Protection Association and the American National Standard Institute, Save and Except Such Portions Thereof as Are Deleted, Modified, or Amended by the Provisions of the Fowler Municipal Code; and That Certain Code Entitled "Uniform Plumbing Code", 1973 Edition, Including Its Appendices, as Adopted by the International Association of Plumbing and Mechanical Officials, Save and Except Such Portions Thereof as Are Deleted, Modified, or Amended by the Provisions of the Fowler Municipal Code; Prescribing Certain Penalties for the Violation of the Provisions Thereof; and Repealing Certain Ordinances as Specified Therein.
The City Council of the City of Fowler does ordain as follows:
Sec. 1. Adoption of the Fowler Municipal Code.
That certain document entitled "Fowler Municipal Code", including the Appendix thereto, three (3) copies of which have been filed and are on file in the office of the City Clerk for public inspection, together with the secondary Codes therein adopted by reference, is hereby adopted by reference as a comprehensive ordinance Code for the City of Fowler pursuant to the provisions of Article 2 of Chapter 1 of Part 1 of Division 1 of Title 5 of the Government Code of the State of California, and 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 made a part of this ordinance as if fully set forth in this ordinance.
Sec. 2. Certain ordinances to remain in effect.
Those certain ordinances of the City of Fowler which are listed in Tables 2 and 3 of the Appendix to the Fowler Municipal Code shall not be repealed but shall remain in full force and effect. In addition to the foregoing, Ordinance Nos. 11-4, 4-13, 13-6, 4-14, and 14-8 shall remain in full force and effect pending their codification and incorporation into the Fowler Municipal Code following its adoption as modifications thereto, the incorporation and codification of said ordinances into said Code being hereby authorized and approved.
Sec. 3. Savings provisions.
The repealing provisions of the Fowler Municipal Code shall not affect 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 the applicable provisions of the ordinance, or part thereof, so repealed had remained in force and effect. 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 affected 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.
Sec. 4. Violations of Code provisions: Penalties.
It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of the Fowler Municipal Code or the provisions of any Code adopted by reference by said Code. Any person violating any of such provisions or failing to comply with any of the mandatory requirements of the Fowler Municipal Code shall be guilty of a misdemeanor or an infraction as designated by, and provided for, in Sections 16, 17, 19c and 19d of the Penal Code of the State of California and as expressly specified in Section 40000 of the Vehicle Code of the State of California. Each 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 the Fowler Municipal Code, or the provisions of any Code adopted by reference by said Code, is committed, continued, or permitted by such person and shall be punishable accordingly.
Any person convicted of a misdemeanor under the provisions of the Fowler Municipal Code shall be punishable by a fine of not more than Five Hundred and no/l00ths ($500.00) Dollars, or by imprisonment in the County Jail for a period not exceeding six (6) months, or by both such fine and imprisonment.
Any person convicted of an infraction under the provisions of the Fowler Municipal Code shall be punishable for a first conviction by a fine of not more than Fifty and no/l00ths ($50.00) Dollars, for a second conviction within a period of one year by a fine of not more than One Hundred and no/l00ths ($100.00) Dollars, and for a third or any subsequent conviction within a period of one year by a fine of not more than Two Hundred Fifty and no/l00ths ($250.00) Dollars.
In addition to the penalties provided by this section, any condition caused or permitted to exist in violation of any of the provisions of the Fowler Municipal Code, or the provisions of any Code adopted by reference by said Code, or any subdivision, building, wiring, plumbing, or other similar activity in violation of the provisions of said Code shall be deemed a public nuisance and may be summarily abated by the City in a civil action, and each day such condition continues shall be a new and separate offense.
Sec. 5. Effective date: Publication.
This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and approval and shall be published once within fifteen (15) days after its passage in the Fowler Ensign, a newspaper of general circulation in the City of Fowler.
The foregoing ordinance was duly passed and adopted by the City Council of the City of Fowler, State of California, at a regular meeting of the City Council held on the 20th day of September, 1977, by the following vote:
AYES:
Mayor Panzak, Councilmen Baumback, Davis, Nagata, and Tikijian
NOES: None ABSENT: None /s/John R. Panzak
Mayor of the City
of Fowler, CaliforniaATTEST: /s/Merle Kleinhammer City Clerk of the City
of Fowler, California(SEAL)