Chapter 1.03 DEFINITIONS

Chapter 1.03
DEFINITIONS

Sections:

1.03.010 General provisions.

A. 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.

B. 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.

C. The repeal of an ordinance shall not repeal the repealing clause of such ordinance or revive any ordinance which has been repealed thereby.

D. The word “ordinance” contained in the ordinances of the City has been changed in the content of this City Code to “title,” “chapter,” “section” and/or “subsection” or words of like import for organizational and clarification purposes only. Such change to the City’s ordinances is not meant to amend the passage and effective dates of such original ordinances. (Ord. 77-4, 2-22-1977; 1977 Code)

1.03.020 Grammatical interpretation.

The following grammatical rules shall apply in the ordinances of the City:

A. Gender. The masculine gender includes the 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.

D. Use of Words and Phrases. Words and phrases not specifically defined shall be construed according to the context and approved usage of the language.

1.03.030 Definitions, general.

A. 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:

“Agent” means a person acting on behalf of another.

“City/Town” means the City of Newman, County of Stanislaus, State of California, or the area within the territorial limits of the City of Newman, California, and such territory outside of the City over which the City has jurisdiction or control by virtue of any constitutional or statutory provision.

“Computation of time” means the time within which an act is to be done. It shall be computed by excluding the first day and including the last day, and if the last day be Sunday or a legal holiday, that day shall be excluded.

“Council” means the City Council of the City of Newman, California. “All its members” or “all Councilmen” mean the total number of Councilmen provided by the general laws of the State of California.

“County” means the County of Stanislaus, California.

“Employees.” Whenever reference is made in this Code to a City employee by title only, this shall be construed as though followed by the words “of the City of Newman.”

“Fee” means a sum of money charged by the City for carrying on of a business, profession or occupation.

“Infraction” means any offense not punishable by imprisonment and for which a person charged shall not be entitled to a trial by jury nor to have the public defender or other counsel appointed at public expense to represent him unless he is arrested and not released on his written promise to appear, his own recognizance, or a deposit of bail.

“Knowingly” imports only a knowledge that the facts exist which bring the act or omission within the provisions of this Code. It does not require any knowledge of the unlawfulness of such act or omission.

“Law” denotes applicable Federal law, the Constitution and statutes of the State of California, the ordinances of the City of Newman, and when appropriate, any and all rules and regulations which may be promulgated thereunder.

“License” means the permission granted for the carrying on of a business, profession or occupation.

“May” is permissive.

“Misdemeanor” means any offense for which a sentence to a term of imprisonment in other than a penitentiary for less than one year may be imposed.

“Month” means a calendar month.

“Must” and “shall.” Each is mandatory.

“Negligent,” “neglect,” and “negligence” and “negligently” means a want of such attention to the nature of probable consequences of the act or omission as a prudent man ordinarily bestows in acting in his own concern.

“Nuisance” means anything offensive or obnoxious to the health and welfare of the inhabitants of the City, or any act or thing repugnant to, or creating a hazard to, or having a detrimental effect on the property of another person or to the community.

“Oath” shall be construed to include 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.”

“Occupant” applied to a building or land shall include any person who occupies the whole or any part of such building or land whether alone or with others.

“Offense” means any act forbidden by any provision of this Code or the omission of any act required by the provisions of this Code.

“Ordinance” means a law of the City; provided, that a temporary or special law, administrative action, order or directive, may be in the form of a resolution.

“Owner” applied to a building or land includes any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety, of the whole or a part of such building or land.

“Person” means 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” shall include every description of money, goods, chattels, effects, evidence of rights in action and all written instruments by which any pecuniary obligation, right or title to property is created, acknowledged, transferred, increased, defeated, discharged or diminished and every right or interest therein.

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

“Property” includes real and personal property.

“Real property” includes lands, tenements and hereditaments.

“Retailer” as used in this Code, unless otherwise specifically defined, shall be understood to relate to the sale of goods, merchandise, articles or things in small quantities direct to the consumer.

“Right-of-way” shall mean the privilege of the immediate use of the roadway or other property.

“Sidewalk” means that portion of a street between the curb line 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” and “occupant” applied to a building or land, includes any person who occupies whole or a part of such building or land, whether alone or with others.

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 of Newman.

“Wholesaler” and “wholesale dealer” as used in this Code, unless otherwise specifically defined, shall be understood to relate to the sale of goods, merchandise, articles or things in quantity to persons who purchase for the purpose of resale.

“Wilfully,” when applied to the intent with which an act is done or omitted, implies simply a purpose or willingness to commit the act or make the omission referred to. It does not require any intent to violate law, or to acquire an advantage.

“Written” includes printed, typewritten, mimeographed or multigraphed.

“Year” means a calendar year.

B. All words and phrases shall be construed and understood 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.

C. 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 requirement shall be construed as to include all such acts performed by an authorized agent. (Ord. 77-4, 2-22-1977)

1.03.040 Catchlines.

The catchlines of the several sections of this City Code are intended as mere catchwords to indicate the content of the section and shall not be deemed or taken to be titles of such sections, nor be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any division or section hereof, nor unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or re-enacted. (1977 Code)