Ordinances and Resolutions: Practice Tips for Effective Legislation
League of California Cities Annual Conference
Page 6 of 9
(c) In lieu of publishing the entire ordinance within 15 days of
adoption the city council may instead publish a summary of the
proposed ordinance (with a certified copy of the entire ordinance
posted at the city clerk’s office), not less than five (5) days before
adoption, with a second publication of the summary, complete with
the votes cast, similarly posted and published within 15 days
following adoption. (Government Code §36933(c)(1).) The
summary must be deemed “fair and adequate”. If the designated
city official cannot prepare a “fair and adequate” summary, the city
council can order the publication of a one-quarter page display
advertisement indicating the general nature of the ordinance or
amendment, with information sufficient for the public to obtain
copies of the complete text of the ordinance. Such an
advertisement must be published both five (5) days prior to
adoption and within 15 days following adoption (with votes cast).
(d) Charter cities: Check your charter! Some charters pre-date
Section 36933 and mandate publication of the complete ordinance.
E. Adopting Ordinances or Codes by Reference
1. County ordinances; State regulations – Different procedures. The first
reading is by title only, along with the title of the secondary code. The
public hearing is then scheduled, with the adoption to occur following the
public hearing. See Government Code sections 50022.1, et seq.
2. Exceptions exist when adoption of code is expressly required or permitted
as a condition of compliance with a state statute (e.g., Uniform Codes).
Government Code §50022.2.
Practice Pointer: Be careful to adopt, separately, penalty provisions in
your adopting ordinance, and not rely on uniform codes. (Government
Code §50022.4.) Be especially careful not to simply adopt fees for
building permits under the Uniform Building Code, unless your fee study
supports the level of such fees. For those fees, follow Government Code
sections 66000, et seq.
F. Penalties – Misdemeanors, Infractions and “Wobblers”
1. Violations are misdemeanors unless ordinance makes if an infraction.
2. Ordinance can be adopted to allow city attorney to use discretion when
filing.
3. Attachment B – City of El Cajon Municipal Code §1.24.010.