SECTIONS 36931-36937 - California Statutes

GOVERNMENT CODE

SECTION 36931-36937

36931. The enacting clause of ordinances shall be: "The city
council of the City of ____ does ordain as follows:".

36932. Ordinances shall be signed by the mayor and attested by the
city clerk.

36933. (a) Within 15 days after its passage, the city clerk shall
cause each ordinance to be published at least once, with the names of
those city council members voting for and against the ordinance, in
a newspaper of general circulation published and circulated in the
city, or if there is none, he or she shall cause it to be posted in
at least three public places in the city or published in a newspaper
of general circulation printed and published in the county and
circulated in the city. In cities incorporated less than one year,
the city council may determine whether ordinances are to be published
or posted. Ordinances shall not be published in a newspaper if the
charge exceeds the customary rate charged by the newspaper for
publication of private legal notices, but these ordinances shall be
posted in the manner and at the time required by this section.
(b) Except as provided in Section 36937, an ordinance shall not
take effect or be valid unless it is published or posted in
substantially the manner and at the time required by this section.
(c) The publication or posting of ordinances, as required by
subdivision (a), may be satisfied by either of the following actions:
(1) The city council may publish a summary of a proposed ordinance
or proposed amendment to an existing ordinance. The summary shall be
prepared by an official designated by the city council. A summary
shall be published and a certified copy of the full text of the
proposed ordinance or proposed amendment shall be posted in the
office of the city clerk at least five days prior to the city council
meeting at which the proposed ordinance or amendment or alteration
thereto is to be adopted. Within 15 days after adoption of the
ordinance or amendment, the city council shall publish a summary of
the ordinance or amendment with the names of those city council
members voting for and against the ordinance or amendment and the
city clerk shall post in the office of the city clerk a certified
copy of the full text of the adopted ordinance or amendment along
with the names of those city council members voting for and against
the ordinance or amendment; or
(2) If the city official designated by the city council determines
that it is not feasible to prepare a fair and adequate summary of
the proposed or adopted ordinance or amendment, and if the city
council so orders, a display advertisement of at least one-quarter of
a page in a newspaper of general circulation in the city shall be
published at least five days prior to the city council meeting at
which the proposed ordinance or amendment or alteration thereto is to
be adopted. Within 15 days after adoption of the ordinance or
amendment, a display advertisement of at least one-quarter of a page
shall be published. The advertisement shall indicate the general
nature of, and provide information about, the proposed or adopted
ordinance or amendment, including information sufficient to enable
the public to obtain copies of the complete text of the ordinance or
amendment, and the names of those city council members voting for and
against the ordinance or amendment.
(d) (1) Any member of the public may file with the city clerk, or
any other person designated by the governing body to receive these
requests, a request for notice of specific proposed ordinances or
proposed amendments to ordinances.
(2) Notice pursuant to paragraph (1) shall be mailed or otherwise
transmitted at least five days before the council is scheduled to
take action on the proposed ordinances or proposed amendments to an
ordinance. Notice may be given by written notice properly mailed or
by e-mail if the requesting member of the public provides an e-mail
address. Notice may be in the form specified in either paragraph (1)
or (2) of subdivision (c), as determined by the city council.
(3) As an alternative to providing notice as requested of specific
proposed ordinances or proposed amendments to ordinances, the city
clerk, or other person designated by the governing body, may place
the requesting member of the public on a general mailing list that
gives timely notice of all governing body public meetings at which
proposed ordinances or proposed amendments to ordinances may be
heard, as provided in Section 54954.1. If this alternative is
selected, the requesting member of the public shall be so advised.
(4) The city may charge a fee that is reasonably related to the
costs of providing notice pursuant to this subdivision. The city may
require each request to be annually renewed.
(5) Failure of the requesting person to receive the information
pursuant to this subdivision shall not constitute grounds for any
court to invalidate an otherwise properly adopted ordinance or
amendment to an ordinance.

36933.1. Whenever a city having a population of less than 2,500
inhabitants adopts an ordinance code containing all ordinances and
amendments previously adopted and amendments and new ordinances to
bring the codification up to the date of adoption, instead of
publishing such code, amendments, and new ordinances pursuant to
Section 36933, the city council may cause the code, amendments, and
new ordinances to be adopted by reference as provided in Sections
50022.1 to 50022.8 inclusive of this code. Thereafter all ordinances
amending the code shall be published pursuant to Section 36933.

36934. Ordinances shall not be passed within five days of their
introduction, nor at other than a regular meeting or at an adjourned
regular meeting. However, an urgency ordinance may be passed
immediately upon introduction and either at a regular or special
meeting. Except when, after reading the title, further reading is
waived by regular motion adopted by majority vote all ordinances
shall be read in full either at the time of introduction or passage.
When ordinances, other than urgency ordinances, are altered after
introduction, they shall be passed only at a regular or at an
adjourned regular meeting held at least five days after alteration.
Corrections of typographical or clerical errors are not alterations
within the meaning of this section.

36935. Resolutions or orders for the payment of money shall be
adopted or made only at a regular meeting or at a special meeting for
which the notice of such special meeting specifies the business to
be transacted.

36936. Resolutions, orders for the payment of money, and all
ordinances require a recorded majority vote of the total membership
of the city council.

36936.1. The rates of taxes to be levied or the amount of revenue
required to be raised by taxation may be fixed either by ordinance or
resolution. Where the tax rate or the amount of revenue required to
be raised by taxation is fixed by resolution, such resolution shall
be published in the same manner and within the same time as
ordinances are required to be published.

36937. Ordinances take effect 30 days after their final passage. An
ordinance takes effect immediately, if it is an ordinance:
(a) Relating to an election.
(b) For the immediate preservation of the public peace, health or
safety, containing a declaration of the facts constituting the
urgency, and is passed by a four-fifths vote of the city council.
(c) Relating to street improvement proceedings.
(d) Relating to taxes for the usual and current expenses of the
city.
(e) Covered by particular provisions of law prescribing the manner
of its passage and adoption.