2009 California Government Code - Section 50020-50033 :: Article 2. Powers And Duties Of Legislative Bodies

50020.  When a statute requires a local agency to take legislative
action by resolution and the local agency is required by its charter
to take legislative action by ordinance, action by ordinance is
compliance with the statute for all purposes.

50022.1.  (a) "Code," as used in this article, means any statute, or
any published compilation of rules, regulations or standards adopted
by the federal government or the State of California, or by any
agency of either of them. It shall include any codification or
compilation of existing ordinances of the adopting local agency. It
shall include any nationally recognized or approved published
compilations of proposed rules, regulations or standards of any
private organization or institution which has been in existence for a
period of at least three years.
   (b) "Primary code," as used in this article, means any code which
is directly adopted by reference, in whole or in part, by any
ordinance passed pursuant to this article.
   (c) "Secondary code," as used in this article, means any code
which is incorporated by reference, directly or indirectly, in whole
or in part, in any primary code or in any secondary code.
   (d) "Published," as used in this article, means issued in printed,
lithographed, multigraphed, mimeographed or similar form.
   (e) "Approved," as used in this article, means the approval of the
legislative body of the local agency, as the result of investigation
and tests conducted by such agency or by reason of the accepted
principles or tests by recognized national or state authorities,
technical, or scientific organizations.

50022.2.  Provided that all the procedures and requirements of this
article are complied with, any local agency is hereby authorized to
enact any ordinance which adopts any code by reference, in whole or
in part; and such primary code, thus adopted, may in turn adopt by
reference, in whole or in part, any secondary codes duly described
therein. Every primary code which is incorporated in any such
adopting ordinance shall be specified in the title of the ordinance.
A local agency ordinance may adopt a code, the adoption of which is
expressly required or permitted as a condition of compliance with a
state statute, by reference without complying with the procedures and
requirements of this article.

50022.3.  After the first reading of the title of the adopting
ordinance and of the title of the code to be adopted thereby, and of
the title of the secondary codes therein adopted by reference, the
legislative body shall schedule a public hearing thereon. Notice of
the hearing shall be published pursuant to Section 6066 in a
newspaper of general circulation in or nearest to the adopting local
agency. If there is no such newspaper in the county the notice shall
be posted in the same manner as provided for the posting of a
proposed ordinance. The notice shall state the time and place of the
hearing. It shall also state that copies of the primary code and also
copies of the secondary codes, if any, being considered for
adoption, are on file with the clerk of the legislative body, and are
open to public inspection. The notice shall also contain a
description which the legislative body deems sufficient to give
notice to interested persons of the purpose of the ordinance and the
subject matter thereof.

50022.4.  After the hearing, the legislative body may amend, adopt
or reject the adopting ordinance in the same manner in which it is
empowered to act in the case of other ordinances; and, except as to
the adoption of a code of existing ordinances of the adopting agency,
nothing in this article shall be deemed to permit the adoption by
reference of any penalty clauses which may appear in any code which
is adopted by reference. Any such penalty clauses may be enacted only
if set forth in full, and published, in the adopting ordinance. It
is further provided that all changes or additions to any code made by
the legislative body shall be published in the manner which is
required for ordinances.

50022.5.  Nothing contained in this article shall be deemed to
relieve any local agency from the requirement of publishing in full
the ordinance that adopts any code, and all provisions applicable to
the publication shall be fully carried out.

50022.6.  At least one copy of each primary code adopted by
reference, and of each secondary code pertaining thereto, all
certified to be true copies by the clerk of the legislative body,
shall be filed in the office of the clerk of the legislative body at
least 15 days preceding the hearing, and shall be kept there for
public inspection while the ordinance is in force. However, after the
adoption of the code by reference, one copy of the primary code and
of each secondary code may be kept in the office of the chief
enforcement officer instead of in the office of the clerk of the
legislative body.

50022.7.  If at any time any code which any local agency has
previously adopted by reference, shall be amended by the agency which
originally promulgated or adopted it, then the legislative body may
adopt such amendment or amended code by reference through the same
procedure as required for the adoption of the original code; or an
ordinance may be enacted in regular manner, setting forth the entire
text of such amendment.

50022.8.  Copies of such codes in published form, duly certified by
the clerk of the legislative body, shall be received without further
proof as prima facie evidence of the provisions of such codes or
public records in all courts and administrative tribunals of this
State.

50022.9.  A city may enact ordinances which adopt by reference
county ordinances, codes, or any parts thereof and any amendments
thereto by complying with the requirements of this article.

50022.10.  A code adopted and fully published or adopted by
reference as provided in this article, may be subsequently recodified
or recompiled and thereafter adopted by reference in the same manner
as prescribed by this article for the original adoption by reference
of the code.

50023.  The legislative body of a local agency, directly or through
a representative, may attend the Legislature and Congress, and any
committees thereof, and present information to aid the passage of
legislation which the legislative body deems beneficial to the local
agency or to prevent the passage of legislation which the legislative
body deems detrimental to the local agency. The legislative body of
a local agency, directly or through a representative, may meet with
representatives of executive or administrative agencies of state,
federal, or local government to present information requesting action
which the legislative body deems beneficial to, or opposing action
deemed detrimental to, such local agency. The cost and expense
incident thereto are proper charges against the local agency.

50024.  The legislative bodies of local agencies may enter into
associations and through a representative of the associations attend
the Legislature and Congress, and any committees thereof, and present
information to aid the passage of legislation which the association
deems beneficial to the local agencies in the association, or to
prevent the passage of legislation which the association deems
detrimental to the local agencies in the association. The cost and
expense incident thereto are proper charges against the local
agencies comprising the association.

50025.  By resolution, a legislative body may withdraw from the
association at any time.

50026.  The legislative body of any local agency, chartered or
general law, which is otherwise authorized by law or charter to
impose any tax on the privilege of earning a livelihood by an
employee or any other tax, fee or charge on or measured by the
earnings, or any part thereof, of any employee, shall not impose any
such tax, fee or charge on the earnings of any employee, when such
employee is not a resident of the taxing jurisdiction, unless exactly
the same tax, fee or charge at the same rate, with the same credits
and deductions, is imposed on the earnings of all residents of the
taxing jurisdiction who are employed therein.
   This section shall not be construed as authorizing any tax
prohibited by Section 17041.5 of the Revenue and Taxation Code or any
other provision of law, nor shall it be construed so as to prohibit
the levy or collection of any otherwise authorized tax upon a
business measured by or according to gross receipts.

50026.5.  (a) The legislative body of any local agency, chartered or
general law, which is otherwise authorized by law or charter to
impose any tax, shall not impose any tax, fee, or charge on or
measured by the sale of any stocks, bonds, or any other securities.
   (b) It is the intent of the Legislature to prohibit any imposition
of any local tax, fee, or charge, in connection with the sale of
those securities, whether that imposition is imposed on the
transaction itself, on the privilege of engaging in any transaction,
or in any other form.
   (c) The Legislature finds and declares that the need for uniform
statewide regulation and taxation of securities transactions is a
matter of statewide concern, and it is the Legislature's intent to
regulate the subject matter of securities comprehensively and to
occupy the field to the exclusion of local action.

50027.  Any city, county, or city and county in the State of
California may, pursuant to such provisions as may be prescribed by
its governing body, prohibit or regulate the practice of astrology
for compensation. In connection therewith, the governing body may
prescribe such rules and regulations as it deems advisable to protect
users of such astrological services. The power granted cities,
counties, and cities and counties pursuant to this section is in
addition to any authority granted by Section 37101 or by charter
provision or by Sections 16000 and 16100 of the Business and
Professions Code.

50028.  (a) The legislative body of any county, city, or city and
county, whether general law or chartered, may adopt, by ordinance,
such rules and regulations as it deems necessary, which require any
coin-operated viewing machine to have permanently attached thereto a
tally counter that will count each coin, and accumulate that count or
the accumulated amount of money, deposited in the coin-operated
viewing machine. The tally counter shall be resistant to tampering,
and shall not be capable of being reset to a lower number, and shall
display the count in such a manner that the accumulated total is
readily visible near the coin insertion slot or opening. For purposes
of this section, "coin-operated viewing machine" means any
projector, machine, television, or other device that displays for
viewing motion pictures, projection slides, filmstrips, photographic
pictures, video recordings, or drawings, and that is operated by the
viewer, or for the viewer, by means of inserting a coin into the
device, an attachment thereto, an enclosure surrounding the device,
or any other device electrically or mechanically connected thereto.
For purposes of this section, "coin" means any physical object,
including, but not limited to, a piece of metal issued by the federal
government as money. "Coin-operated viewing machine" does not
include an electronic video game of skill wherein the image is
created, generated, or synthesized electronically, or coin-operated
television receivers that display commercial or public service
broadcasts.
   (b) Notwithstanding any other provision of law, any county
ordinance adopted pursuant to this section shall be enforceable
within the incorporated, as well as the unincorporated, area of the
county, whether general law or chartered, unless a city ordinance in
direct conflict with that county ordinance has been adopted, in which
case the county ordinance shall be enforceable in the area of the
county outside the city.
   (c) (1) Any person who violates the provisions of the ordinance
adopted pursuant to this section shall be subject to a civil penalty
not to exceed ten thousand dollars ($10,000) for each machine and
each day in which a violation occurs.
   (2) In determining the amount of the penalty, the court shall take
into consideration all relevant circumstances, including, but not
limited to, the frequency of inspection, the cashflow through the
machine, the amount of revenue derived by other machines in the
vicinity, prior revenues generated, the nature and persistence of the
violation, and prior violations by the same person or establishment.
   (d) No peace officer, as defined in Section 830 of the Penal Code,
shall check tally counters, provided, however, that an ordinance
adopted pursuant to this section may provide for checking of tally
counters by a person or persons employed by the adopting county,
city, or city and county, other than a peace officer, on a
predetermined schedule.
   (e) The provisions of this section shall not be construed to
limit, or otherwise affect, any other power of a county, city, or
city and county to license, tax, or regulate business or commercial
enterprises or property within their jurisdiction, but shall be in
addition to those powers.

50029.  The board of supervisors of the County of Orange or the city
council of any city in that county may, by resolution, establish a
fee program requiring the payment of a fee as a condition of issuing
a building permit for purposes of defraying the actual or estimated
cost of constructing bridges over waterways, railways, freeways, and
canyons, or constructing major thoroughfares pursuant to the
procedures set forth in Section 66484.3.

50030.  Any permit fee imposed by a city, including a chartered
city, a county, or a city and county, for the placement,
installation, repair, or upgrading of telecommunications facilities
such as lines, poles, or antennas by a telephone corporation that has
obtained all required authorizations to provide telecommunications
services from the Public Utilities Commission and the Federal
Communications Commission, shall not exceed the reasonable costs of
providing the service for which the fee is charged and shall not be
levied for general revenue purposes.

50033.  (a) Notwithstanding any other provision of law:
   (1) The legislative body of a city, county, or city and county
shall not grant credit for service to an elective officer for service
that the elective officer has not performed.
   (2) The legislative body of a city, county, or city and county
shall not pay contributions for credit for service if an elective
officer has not performed the service, regardless of the fact that
the elected officer may personally elect to contribute for additional
credit for service.
   (b) The prohibition provided by this section does not preclude an
elective officer from choosing to receive credit for service in a
retirement system by paying his or her own contributions for that
purpose pursuant to the applicable provisions of the retirement
system.