Chapter 1.04
GENERAL PROVISIONS

Sections:

1.04.010  Definitions.

1.04.020  Title of office.

1.04.030  Interpretation of language.

1.04.040  Grammatical interpretation.

1.04.050  Acts by agents.

1.04.060  Prohibited acts include causing and permitting.

1.04.070  Computation of time.

1.04.080  Construction of provisions.

1.04.090  Repeal not to revive any ordinance.

1.04.100  Effect of title headings.

1.04.110  No duty of care imposed upon city.

1.04.120  Time provisions directory, except as otherwise required by state law or this code.

1.04.010 Definitions.

The following words and phrases, whenever used in the ordinances of the city of Hughson, shall be construed as defined in this chapter, 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 and phrases:

A. “City” and “town” each mean the city of Hughson or the area within the territorial limits of the city of Hughson and such territory outside of the city over which the city has jurisdiction or control by virtue of any constitutional or statutory provision.

B. “Council” means the city council of the city of Hughson. “All its members” or “all councilmen” means the total number of councilmen holding office.

C. “County” means the county of Stanislaus.

D. “Law” denotes applicable federal law, the Constitution and statutes of the state of California, the ordinances of the city, and, when appropriate, any and all rules and regulations which may be promulgated thereunder.

E. “May” is permissive.

F. “Month” means a calendar month.

G. “Must” and “shall” are each mandatory.

H. “Oath” includes an affirmation or declaration in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases, the words “swear” and “sworn” shall be equivalent to the words “affirm” and “affirmed.”

I. “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 the building or land.

J. “Person” includes a natural person, joint venture, joint stock company, copartnership, partnership, association, club, company, corporation, business, trust, organization, or the manager, lessee, agent, servant, officer, or employee of any of them.

K. “Personal property” includes money, goods, chattels, things in action, and evidences of debt.

L. “Preceding” and “following” mean next before and next after, respectively.

M. “Property” includes real and personal property.

N. “Real property” includes lands, tenements, and hereditaments.

O. “Sidewalk” means that portion of a street between the curbline and the adjacent property line intended for the use of pedestrians.

P. “State” means the state of California.

Q. “Street” includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs, or other public ways in the 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 the state.

R. “Tenant” and “occupant,” applied to a building or land, include any person who occupies the whole or a part of the building or land, whether alone or with others.

S. “Written” includes printed, typewritten, mimeographed, multigraphed, or otherwise reproduced in permanent visible form.

T. “Year” means a calendar year. (Ord. 82-5 § 2, 1982)

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. 82-5 § 3, 1982)

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 the peculiar and appropriate meaning. (Ord. 82-5 § 4, 1982)

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 future tenses and vice versa unless manifestly inapplicable. (Ord. 82-5 § 5, 1982)

1.04.050 Acts by agents.

When an act is required by an ordinance, the same being such that it may be done as well by an agent as by the principal, such requirements shall be construed to include all such acts performed by an authorized agent. (Ord. 82-5 § 6, 1982)

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. 82-5 § 7, 1982)

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. 82-5 § 8, 1982)

1.04.080 Construction of provisions.

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. 82-5 § 9, 1982)

1.04.090 Repeal not to revive any ordinance.

The repeal of an ordinance shall not repeal the repealing clause of an ordinance or revive any ordinance which has been repealed thereby. (Ord. 82-5 § 10, 1982)

1.04.100 Effect of title headings.

The title, chapter, article, and section headings of any ordinances or of the code of the city shall not in any manner affect the scope, meaning, or intent of the provisions of the ordinances or code. (Ord. 82-5 § 11, 1982)

1.04.110 No duty of care imposed upon city.

The provisions of this code are not intended to and shall not be construed or given effect in a manner that imposes upon the city or any officer or employee thereof a mandatory duty of care toward persons and property within or without the city so as to provide a basis of civil liability for damages, except as otherwise provided by law. (Ord. 86-03 § 1, 1986)

1.04.120 Time provisions directory, except as otherwise required by state law or this code.

Any provisions in this code governing the time within which an official is to act shall in all instances, except for notice requirements and as otherwise required by state law, be deemed directory rather than mandatory, unless otherwise specifically stated. (Ord. 86-03 § 2, 1986)