BARSTOW MUNICIPAL CODE Overview of Legal Analysis And Recodification

RECODIFICATION The process to update the existing code with ordinances of a general or permanent nature. 1. which have amended previous ordinances by changing language or adding language. 2. newly codified ordinances which have not been a part of the previous code. 3. remove/repeal ordinances or parts which are no longer applicable. Since municipalities have ongoing legislative sessions which create or amend ordinances throughout the year, codes become outdated and messy (disorganized) over time.  Recodifications can reorganize material according to subject matter and most relevant titles or chapters for that material.  Recodification can also include legal reviews to address conflicts unknowingly created by the passing of ordinances and to address any changes which conflict with state statutes.

LEGAL MANUSCRIPT Legal Manuscript – Draft Copy – Review of Code done by Muni Code Corporation. Sr. Code Attorney James Jenkins ID any conflicts, inconsistencies and obsolete provisions in connection with the California State statutes, as amended through the most recent legislative session. ID any conflicting or obsolete provisions with our current processes. ID certain potentially unconstitutional provisions. City of Barstow has been working with Municipal Code Corporation for over the past 24 months in performing a legal analysis of our BMC. Our Code has never had a complete analysis and we have had 22 supplements since A legal Manuscript was drafted for staff to review and comment. for the following purposes: Senior Code Attorney James Jenkins

LEGAL MANUSCRIPT -2 Extensive updates throughout BMC to be in compliance with state regulations. All references to be updated. Municipal fees, rates, and charges. Generic language. Any grammar or spelling errors will be corrected as needed. Needless to say that without a total review of the code since 1963 – there are many updates to be made in almost every section. All references to state agencies or state departments will be updated and corrected. Please note that any Municipal fees, rate and charges that appear as specific amounts in ordinance or Code provisions will be stricken and replaced with generic language stating that the amount of such fee, rate, or charge “shall be established by the governing authority, from time to time, and made available for public examination in the office the municipal clerk.

CITY LEGAL REVIEW Every department has been involved in the process of reviewing and commenting on the provisions that apply to their division. Upon staff’s analysis of current processes – changes, additions and deletions have been noted and the comments are ready for submittal for the Code Attorney to proceed with writing the final proof of the project.

TITLE 8 (Animals) Chapter was amended to add Chapter 8.12 Potentially Dangerous and Vicious Animals Amendment was brought forward as an urgency ordinance to amend section 8.12.070 (Licensing and Rabies Vaccination) and add Section 8.12.240 (Dogs Loose or at large) Clarification by City Attorney Terri Highsmith on update amendment.

Newly adopted Ordinances to BMC Ordinances through 935-2015 and prior to the August 3, 2015 deadline date will be inserted with the recodification. All ordinances after that date and number will be entered into the BMC with the 1st supplement.

Recodification Project Completion 1. The 2nd set of proofs were received from Attorney Jenkins with all changes completed. 2. Legal Manuscript was redlined for City Staff and City Council to review the necessary changes. 3. 1st Reading and Introduction of Ordinance to recodify the BMC is before you tonight. 4. If approved-2nd Reading and Adoption is targeted for November 16th with effective date being 30 days later on December 16, 2015.

Finalization of BMC Project The Barstow Municipal Code is a working document and as you the Council create new regulations or amend our City laws – the document will always be changing. THANK YOU to City Departments, Managers, City Clerk Staff, City Manager, City Attorney and City Council for their assistance and guidance through this extensive project.