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Ord 1885 - Amendment to Ordinance Modifying Regulations for Nonconforming Uses Allowing Properties that are Nonconforming as to Parking and To Contiue Operating With RestrictionsORDINANCE 1885 ADOPTING A CODIFICATION OF CERTAIN ORDINANCES OF THE TOWN OF LOS GATOS ENTITLED "MUNICIPAL CODE OF THE TOWN OF LOS GATOS" REPEALING CERTAIN ORDINANCES, ADOPTING GENERAL PROVISIONS APPLYING TO THE CODE AND PROVIDING PENALTIES FOR VIOLATION SECTION I ADOPTION OF CODE There is adopted that certain codification of certain ordinances of the Town of Los Gatos entitled "Municipal Code of the Town of Los Gatos" published by order of the Town Council by the Municipal Code Corporation. Three copies of the Town Code are on file in the office of the Town Clerk and are open for public inspection. The Municipal Code of the Town of Los Gatos and the secondary codes adopted by reference in the Municipal Code of the Town of Los Gatos are adopted by reference under the provisions of sections 50022.1 through 50022.10 of the Government Code of the State of California. SECTION II EFFECT OF ADOPTION The adoption of the Municipal Code of the Town of Los Gatos and the repeal of ordinances by the Municipal Code of the Town of Los Gatos does not affect the following matters: (1) actions and proceedings which began before the effective date of this ordinance; (2) prosecution for ordinance violations committed before the effective date of this ordinance; (3) licenses and penalties due and unpaid at the effective date of this ordinance and the collection of these licenses and penalties; (4) bonds and cash deposits required to be posted, filed or deposited pursuant to any ordinance; (5) matters of record which refer to or are connected with an ordinance the substance of which is included in the Municipal Code of the Town of Los Gatos. These references shall be construed to apply to the corresponding provisions of the Municipal Code of the Town of Los Gatos. SECTION III CONTINUATION OF EXISTING LAW Where they are substantially the same as existing law, the Municipal Code of the Town of Los Gatos shall be considered a continuation of existing law and not a new enactment. SECTION IV REPEAL OF EXISTING ORDINANCES Every ordinance which is not excluded from the Municipal Code of the Town of Los Gatos by Section V of this ordinance or which is not specifically continued in force by the Municipal Code of the Town of Los Gatos is repealed, except all ordinances adopted after November 5, 1990 which shall remain in full force and effect and be codified in supplements to this Municipal Code. This section does not revive an ordinance which was repealed before the adoption of the Municipal Code of the Town of Los Gatos. 2 SECTION V EXCLUSIONS FROM CODE Every ordinance governing the following subject matter is excluded from the Municipal Code of the Town of Los Gatos and is not affected by the repeal provisions of it: (1) alteration of city boundaries; (2) contracts to which the Town of Los Gatos is a party; (3) elections to which the Town of Los Gatos is a party; (4) fixing the rate and making a levy of Town of Los Gatos' taxes; (5) granting, altering or withdrawing a franchise; (6) land use classifications of specific property; (7) naming roads and streets. SECTION VI GENERAL PENALTY (a) Whenever in this Municipal Code or in any other ordinance of the Town of Los Gatos or in any rule, regulation or order issued or promulgated pursuant thereto any act is prohibited or is made or declared to be unlawful or an offense or the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, the violation of any such provision shall constitute an infraction, and the penalties therefor shall be those specified by Government Code section 36900(b). Where a violation is specifically declared to be a misdemeanor, it shall be punished by a fine not exceeding one thousand dollars ($1,000.00) or the imprisonment for a term not exceeding six (6) months or by both such fine and imprisonment. Any violation, whether infraction or misdemeanor, may also be redressed by civil action. Violation of any section 3 of this Code is also declared to be a public nuisance. (b) Every day any violation of this Municipal Code or any other ordinance of the Town of Los Gatos or any such rule, regulation or order shall constitute a separate offense. SECTION VII MAINTENANCE AND DISTRIBUTION OF THE CODE Not less than one copy of the Municipal Code of the Town of Los Gatos, certified by the Town Clerk, shall be kept on file in the Office of the Town Clerk for examination and use by the public. Amendments to this Municipal Code of the Town of Los Gatos shall be noted, by ordinance number, on the appropriate pages of the Municipal Code of the Town of Los Gatos, and complete files of amendatory ordinances, indexed for ready reference, shall be maintained in the Office of the Town Clerk for use and examination by the public. Distribution or sale of additional copies of the Municipal Code of the Town of Los Gatos shall be made as directed by the Town Council. This Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage, and before the expiration of fifteen (15) days after its passage it shall be published once with the names of the members of the Town Council voting for and against the same in a newspaper of general circulation published and circulated in the Town of Los Gatos. T. This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on 16th day of December, 1991 and adopted by the following vote as an Ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on the 6th day of January, 1992. COUNCIL MEMBERS: AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Brent N. Ventura, Mayor Eric D. Carlson NAYS: None ABSENT: None ABSTAIN: None SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN Ofl GATOS LOS GATOS, CALIFORNIA 5