Chapter 1.02


1.02.010    Definitions.

1.02.020    Interpretation of code and other ordinances.

1.02.030    Rules of construction.

1.02.040    Effect of headings.

1.02.050    Acts by deputies.

1.02.060    References to ordinances – Application to amendments.

1.02.070    Statute of limitations.

1.02.080    Effect of code on past actions and obligations.

1.02.090    Partial invalidity.

1.02.010 Definitions.

The following definitions apply to the use of these terms for purposes of this code:

“Business day” means any week day that city offices are open to the public.

“Calendar year” means the time period from January 1st through December 31st of any given year.

“City” means the jurisdictional limits of the city of Aliso Viejo, or the city of Aliso Viejo, unless a different geographical area or entity is clearly indicated by the context.

“City council” means the city council of the city of Aliso Viejo.

“City manager” means the appointed official of the city who occupies the position of chief executive officer of the city.

“Council member” means a person duly elected to the city council.

“County” or “county of Orange” means Orange County, California.

“Day” means a calendar day, unless a provision of this code expressly provides otherwise.

“Fiscal year” means the time period from July 1st of any given year through June 30th of the following year.

“Goods” means any wares or merchandise.

“Law” means any 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.

“Month” means a calendar month, unless otherwise specially expressed.

“Oath” means 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.”

“Operate” refers to and includes carrying on, keeping, conducting or maintaining.

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

“Person” means any person, joint venture, joint stock company, firm, company, corporation, partnership, association, public corporation, city (except the city of Aliso Viejo), the county of Orange, any district in the county of Orange, the state of California, or the United States of America, or any department, agency or political subdivision of the above, club, business, trust, organization, or the manager, lessee, agent, servant, officer, or employee of any of them, unless this code expressly provides otherwise.

“Personal property” means any type of money, goods, chattels, things in action and evidences of debts.

“Police” or “police services” means the agency which performs the appropriate law enforcement function for the city.

“Police chief” or “chief of police” means the head of the agency or division which at the time involved has responsibility for performing the police function for, or within, the city.

“Preceding” and “following” refer to next before and next after, respectively.

“Property” means any real and personal property.

“Quarterly,” when used to designate a period of time, means the first three calendar months of any given year or any successive period of three consecutive calendar months.

“Real property” refers to land, tenements and hereditaments.

“Sale” means any sale, exchange, barter or offer for sale.

“Section” means a section of this code, unless some other source is specifically set forth.

“Shall” means a mandatory direction or obligation.

“Sidewalk” means a portion of a street between the curbline and the adjacent property line, or an easement or right-of-way held by the city across the front of private property, and intended for the use of pedestrians.

“State” refers to the state of California.

“Street” includes all streets, highways, avenues, boulevards, alleys, courts, places, squares 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.

“Subsection” means a subsection of the section of this code in which the term occurs, unless some other section is expressly set forth.

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

“Writing” means any form of recorded message capable of comprehension by ordinary visual means.

“Written” refers to and includes printed, typewritten, mimeographed, multigraphed or otherwise reproduced in permanent visible form. [Ord. 2010-126 § 1 (Exh. A)].

1.02.020 Interpretation of code and other ordinances.

A. The provisions of this code and all proceedings under it are to be construed to effect its purposes and to promote justice.

B. All the provisions of this code and all other city ordinances shall be interpreted to refer to the appropriate or designated officer or office of the city, and whether an ordinance, uniform code, statute or other matter which is adopted by reference refers to any department, officer, employee, inspection, police or other functions, unless the context requires otherwise, all references shall be to the appropriate or designated office, officer, department, agency, employee or function of the city or to the person or agency performing the function for the city.

C. Unless the provisions of this code otherwise specifically provide or the context of this code indicates to the contrary, the general provisions, rules of construction, and definitions set forth in the following sections of this chapter shall govern the construction of this code. Words and phrases shall be construed according to the context and the customary usage of the language, except that words and phrases with technical meanings, or meanings that have a particular meaning under the law, shall be construed according to those meanings, and words or phrases defined in this code shall be construed according to such definitions. [Ord. 2010-126 § 1 (Exh. A)].

1.02.030 Rules of construction.

When provisions of this code conflict, the specific shall prevail over the general. The masculine gender shall include the feminine and neuter genders. The singular number shall include the plural, and the plural number shall include the singular. “Must” is mandatory. “May” shall be permissive. Wherever certain hours are named in this code, they shall mean Standard Time or Daylight Saving Time as may be in current use in the city. The present tense shall include the past and future tense, and the future tense shall include the present tense. [Ord. 2010-126 § 1 (Exh. A)].

1.02.040 Effect of headings.

The title, chapter and section headings contained in this code shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any title, chapter or section of this code. [Ord. 2010-126 § 1 (Exh. A)].

1.02.050 Acts by deputies.

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 this code expressly provides otherwise. [Ord. 2010-126 § 1 (Exh. A)].

1.02.060 References to ordinances – Application to amendments.

Whenever any reference in this code is made to an ordinance, the reference shall apply to such ordinance of the city, unless this code expressly provides otherwise. Whenever any reference is made to any portion of this code or to any ordinances of this city, the reference shall apply to all amendments and additions to this code. [Ord. 2010-126 § 1 (Exh. A)].

1.02.070 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 before this code goes into effect, the time which has already run shall be deemed a part of the time prescribed as such limitation. [Ord. 2010-126 § 1 (Exh. A)].

1.02.080 Effect of code on past actions and obligations.

Neither the adoption of this code or any portion thereof, nor the repeal by this code of any ordinance previously in effect in the city or within the territory currently comprising the city, shall in any manner affect the prosecution for the violation of any ordinance committed prior to the effective date of the ordinance codified in this code, nor be construed as a waiver of any license fee or penalty due and unpaid under such ordinances on such effective date, nor be construed as affecting any of the provisions of such ordinances relating to the collection of any such license fee or penalty or the penal provisions applicable to any violation of such ordinances, nor to affect the validity of any bond or cash deposit required to be posted, filed or deposited pursuant to any ordinances, and all vested rights and obligations pertaining to such ordinances shall continue in full force and effect. No rights granted by any permit, license, or contract awarded by or entered into by the city under the authority of any ordinance repealed by the adoption of this code are affected by the enactment of this code, but all such rights shall henceforth be governed by this code. [Ord. 2010-126 § 1 (Exh. A)].

Cross-reference: effect of code adoption, AVMC 1.01.030.

1.02.090 Partial invalidity.

If any section, subsection, subdivision, sentence, clause, phrase, or portion of this code is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this code. The city council hereby declares that it would have adopted this code, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. [Ord. 2010-126 § 1 (Exh. A)].