Chapter 1.04
GENERAL PROVISIONS
Sections:
1.04.030 Interpretation of language.
1.04.040 Grammatical interpretation.
1.04.050 Acts by deputies or agents.
1.04.060 Prohibited acts include causing and permitting.
1.04.090 Repeal shall not revive any ordinances.
1.04.110 Statute of limitations.
1.04.010 Definitions.
The following words and phrases, whenever used in the ordinances of the city, shall be construed as defined in this section unless from the context a different meaning is intended or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases:
“City” means the city of Highland, county of San Bernardino, and such territory outside the city, over which the city has jurisdiction or control by virtue of any constitutional or statutory provision.
“Council” means the city council of the city of Highland. “All its members” or “all councilmembers” means the total number of councilmembers holding office.
“County” means the county of San Bernardino, California, or the area within the limits of San Bernardino County, and such territory outside of San Bernardino County over which the county has jurisdiction or control by virtue of any constitutional or statutory provision.
“Fiscal year” means from July 1st of any given year through June 30th of the following year.
“Law” denotes applicable federal law, the Constitution and the statutes of the state of California, the ordinances of the city of Highland, and, when appropriate, any and all rules and regulations which may be promulgated thereunder.
“May” is permissive.
“Month” means a calendar month, unless otherwise expressed.
“Must” and “shall” are each mandatory.
“Oath” includes an affirmation or declaration in all cases in which, by law, an affirmation may be substitute for an oath, and in such cases the words “swear” and “sworn” shall be equivalent to the words “affirm” and “affirmed.”
“Official time standard” means standard time or daylight savings time as may be in current use in the city.
“Owner” applied to a building or land, includes any part owner, joint owner, tenant in common, joint tenant, tenant by the entirety, of the whole or a part of such building or land.
“Person” includes a natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them.
“Personal property” includes money, goods, chattels, things in action and evidences of debt.
“Police,” “police chief” or “chief of police” means the agency which performs the appropriate law enforcement function for the city, and the head of the agency or division thereof which at the time involved has responsibility for performing the police function for, or within, the city.
“Preceding” and “following” mean next before and next after, respectively.
“Property” includes real and personal property.
“Quarterly,” where used to designate a period of time, means the first three calendar months of any given year or any succeeding period of three calendar months.
“Real property” includes lands, tenements and hereditaments.
“Sale” includes any sale, exchange, barter, or offer for sale.
“Shall” is mandatory.
“Sidewalk” means that portion of a street between the curbline and the adjacent property line intended for the use of pedestrians.
“State” means the state of California.
“Street” includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs, or other public ways in this city which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this state.
“Tenant” or “occupant,” applied to a building or land, includes any person who occupies the whole or a part of such building or land, whether alone or with others.
“Written” includes printed, typewritten, mimeographed, multigraphed or otherwise reproduced in permanent visible form.
“Year” means a calendar year. (Ord. 178 § 1, 1994)
1.04.020 Title of office.
Use of the title of any officer, employee, department, board or commission means that officer, employee, department, board or commission of the city. (Ord. 178 § 2, 1994)
1.04.030 Interpretation of language.
All words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning. (Ord. 178 § 3, 1994)
1.04.040 Grammatical interpretation.
The following grammatical rules shall apply in the ordinances of the city, unless it is apparent from the context that a different construction is intended:
A. Gender. Each gender includes the masculine, feminine and neuter genders.
B. Singular and Plural. The singular number includes the plural and the plural includes the singular.
C. Tenses. Words used in the present tense include the past and the future tenses and vice versa, unless manifestly inapplicable. (Ord. 178 § 4, 1994)
1.04.050 Acts by deputies or agents.
When an act is required by ordinance, the same being such that it may be done as well by an agent or deputy as by the principal, such requirement shall be construed to include all such acts performed by an authorized agent or deputy. Whenever a power is granted to, or a duty is imposed upon, a public officer or employee, the power may be exercised or the duty may be performed by a deputy of such officer or employee or by a person otherwise duly authorized pursuant to law or ordinance, unless an ordinance of the city expressly provides otherwise. (Ord. 178 § 5, 1994)
1.04.060 Prohibited acts include causing and permitting.
Whenever in the ordinances of the city any act or omission is made unlawful, it shall include causing, allowing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission. (Ord. 178 § 6, 1994)
1.04.070 Computation of time.
Except when otherwise provided, the time within which an act is required to be done shall be computed by excluding the first day and including the last day, unless the last day is Sunday or a holiday, in which case it shall also be excluded. (Ord. 178 § 7, 1994)
1.04.080 Construction.
The provisions of the ordinances of the city, and all proceedings under them, are to be construed with a view to effect their objects and to promote justice. (Ord. 178 § 8, 1994)
1.04.090 Repeal shall not revive any ordinances.
The repeal of an ordinance shall not repeal the repealing clause of an ordinance or revive any ordinance which has been repealed thereby. (Ord. 178 § 9, 1994)
1.04.100 Local signification.
All references in the ordinances of the city to places, acts, persons or things and all else in relation to the ordinances of the city shall be construed to mean that the same are applicable to the city, whether the city is mentioned in each particular section or not. Portions of the ordinances of the city have been adopted from the San Bernardino County Code. To the extent that any section, subsection, sentence, clause or phrase of the ordinances of the city is in conflict with the San Bernardino County Code provisions so adopted, the later adopted portion of the city ordinance shall control and take precedence over the inconsistent portion or portions of the San Bernardino County Code. (Ord. 178 § 10, 1994)
1.04.110 Statute of limitations.
When a limitation or period of time prescribed in any existing ordinance or statute for acquiring a right or barring a remedy, or for any other purpose, has begun to run shall be deemed a part of the time prescribed as such limitation. (Ord. 178 § 11, 1994)