ORD 296ORDINANCE NO. 296
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, RE-ENACTING AND RE -ADOPTING THE
PROVISIONS OF THE LA QUINTA MUNICIPAL CODE AND
INCORPORATING THE CITY CHARTER THEREIN
WHEREAS, by the adoption of Ordinance No. 2, the City Council of the City
of La Quinta, then a General Law City, enacted and adopted a Code of Ordinances;
and
WHEREAS, since said recodification, the Code of Ordinances has from time
to time, been amended and, as amended, the Code of Ordinances, entitled the "La
Quinta Municipal Code", has remained in full force and effect; and
WHEREAS, on November 5, 1996, the voters of the City of La Quinta
ratified the Charter of the City of La Quinta; and
WHEREAS, on December 31, 1996, the Secretary of State of the State of
California accepted for filing said Charter, which has been assigned Charter Chapter
Number 31 for publication in the Statutes of 1996; and
WHEREAS, on February 6, 1996, the Charter was recorded in the County of
Riverside Office of the Recorder; and
WHEREAS, it is the intent of the City Council to proclaim the effectiveness
of the Charter of La Quinta and, for convenient reference, to incorporate the terms
of said Charter into the Code of Ordinances of the City of La Quinta; and
WHEREAS, it is the further intent of the City Council, acting on behalf of the
newly Chartered City of La Quinta, to re-enact and re -adopt the Code of Ordinances
of the City of La Quinta, including all amendments thereto; and
WHEREAS, by said re-enactment and re -adoption, the City Council intends
that the Code of Ordinances be interpreted, applied and enforced in accordance
with the laws of the State of California as applied to La Quinta 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 or recompile its Code of Ordinances; and
WHEREAS, the City Council desires that the recodified Code of Ordinances
and the Charter of the City of La Quinta be titled and referred to as the "LA
QUINTA CHARTER AND MUNICIPAL CODE."
Ordinance No. 296
Page 2
NOW, THEREFORE, the City Council of the City of La Quinta, California does
ordain as follows:
Section 1. That the Recitals set forth above are true and correct and are
incorporated herein by this reference.
Section 2. That the Code of Ordinances, entitled the La Quinta Municipal
Code, dated May 1, 1982, including all amendments thereto, which is on file with
the City Clerk of the City of La Quinta, is hereby re-enacted and re -adopted without
change, except as provided herein, and shall without interruption, remain in
continuous force and effect unless and until amended or repealed by action of the
City Council.
Section 3. That the La Quinta City Charter, as ratified by the voters of the
City of La Quinta on November 5, 1996, and filed in the Office of the Secretary of
State of California on December 31, 1996, is hereby acknowledged as effective
and is ordered to be incorporated into the Code of Ordinances for the City of La
Quinta, to be set forth as a preface to the terms thereof.
Section 4. That, henceforth, said Code of Ordinances and Charter shall be
entitled "THE LA QUINTA CHARTER AND MUNICIPAL CODE".
Section 5. That all provisions of the "LA QUINTA CHARTER AND
MUNICIPAL CODE" shall be in full force and effect on, from and after the effective
date of this ordinance; further, the provisions of the Code of Ordinances shall be
interpreted, applied and enforced in accordance with the laws of the State of
California as applied to a Charter City.
Section 6. That any and all ordinances previously adopted by the City
Council of the City of La Quinta on file in the office of the City Clerk, and not
incorporated into the terms of the previous La Quinta Municipal Code, are hereby
re-enacted and re -adopted without change and shall, without interruption, remain in
continuous 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.
2
Ordinance No. 296
Page 3
Section 7. That, unless otherwise provided herein, particularly by the terms
of Section 5 and 6 hereof, the re-enactment and re -adoption provided for in Section
2 and Section 6 of this ordinance shall not affect any of the following:
(1) Any offense or act committed or done, or any penalty or forfeiture
incurred, or any contract or vested right established or accruing before
the effective date of this ordinance;
(2) Any ordinance promising or guaranteeing the payment of money for
the City or authorizing the issuance of any bonds for the City or any
evidence of indebtedness of the City;
(3) Any contract or obligation assumed by the City;
(4) Any right or franchise granted by the City;
—' (5) Any ordinance dedicated naming, establishing, locating, relocating or
putting paving, widening, vacating or taking of any other action with
relationship to any street or public right-of-way in the City;
(6) Any ordinance relating to specific public improvements, or
assessments therefore;
(7) Any ordinance establishing or prescribing grades for streets;
(8) Any appropriation ordinance or ordinance providing for the levy of
taxes or for an annual budget;
(9) Any ordinance zoning or rezoning any property within the City;
(10) Any ordinance relating to the investment of municipal funds;
(1 1) Any ordinance establishing the compensation of municipal officers or
employees; and
(12) Any ordinance dedicating or accepting any plat or subdivision in the
City.
3
Ordinance No. 296
Page 4
Section 8. That, notwithstanding any right of the Charter City of La Quinta
to govern independently from State law with respect to land -use matters, the City
of La Quinta shall be governed in accordance with the terms of State law as
regards to the application, interpretation and enforcement of land -use, planning and
zoning matters, including, but not limited to, the requirement of consistency
between the General Plan of the City and the terms of its Zoning Ordinances.
Section 9. Any ordinance or provision of any ordinance, making any
addition or amendment to the La Quinta Charter and Municipal Code when passed
in a form indicating the intention of the City Council to make the ordinance, or any
part of the ordinance, part of said Charter and Code shall be deemed to be
incorporated into the Code, and any reference to the La Quinta Charter and
Municipal Code or any title, chapter or section to the La Quinta Charter and
Municipal Code shall be understood and intended to include the appropriate
provisions of such addition or amendment.
Section 10. A copy of the La Quinta Charter and Municipal Code shall be
kept on file in the office of the La Quinta City Clerk and, it shall be the duty of the
La Quinta City Clerk or the City Clerk's designee, to periodically update and
maintain the La Quinta Charter and Municipal Code with such amendments or
additions made by ordinances adopted by the City Council or to delete from the La
Quinta Charter and Municipal Code provisions which may be from time to time
repealed by ordinances of the La Quinta City Council. The copy of the La Quinta
Charter and Municipal Code kept and maintained by the La Quinta City Clerk shall
be the official "LA QUINTA CHARTER AND MUNICIPAL CODE".
Section 11. Whenever, by the provisions of the "LA QUINTA CHARTER
AND 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 La Quinta Charter and Municipal Code.
EFFECTIVE DATE: This ordinance shall be effective thirty (30) days after its
adoption. Within fifteen (15) days after its adoption, the City Clerk shall cause this
ordinance to be posted in three places in said City as designated by Resolution
pursuant to the provisions of Government Code Section 36933.
4
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council of the City of La Quinta, California on the 4th day of February, 1997 by
the following roll call vote:
AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Holt
NOES: None
ABSENT: None
ABSTAIN: None ze 41 C�L
GLENDA L. HOLT, Mayor
City of La Quinta, California
0
�?AUNDRA L. JUHOLA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
DAWN C. HONEYWELL, City Attorney
City of La Quinta, California
l61
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LA QUINTA )
I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta, California, do hereby
certify the foregoing to be a full, true and correct copy of Ordinance No. 296 which
was introduced on the 21 st day of January, 1997 and was adopted at a regular
meeting held on the 4th day of February, 1997 not being less than 5 days after date
of introduction thereof.
I f ther certify that the foregoing ordinance was posted in three (3) places within the
Cit�j of La Quinta as specified in a resolution of the City Council.
SAUNDRA L."JUHOLA, City Clerk
City of La Quinta, California
DECLARATION OF POSTING
I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta,
cer 'fy that the foregoing ordinance was posted on February 28,
C cil Resolution.
4AUNDRA L. JUHOLA, City Clerk
City of La Quinta, California
California, do hereby
1997 pursuant to City