Chapter 1.04
GENERAL PROVISIONS

Sections:

1.04.010    Definitions and construction – City ordinances.

1.04.020    Definitions and construction – Material adopted by reference.

1.04.030    Construction generally.

1.04.040    Effect of headings.

1.04.050    Territorial limitations.

1.04.060    Prohibited acts include causing or permitting.

1.04.070    Deputy – Authority designated.

1.04.080    Reference applies to amendments.

1.04.090    Notice – Service.

1.04.100    Notice – Proof of delivery.

1.04.110    Reference to specific ordinances.

1.04.010 Definitions and construction – City ordinances.

Unless the context requires otherwise, the following words and phrases, where used in the ordinances of the city of Bell Gardens, shall have the meaning and construction given in this section.

A. Definitions.

1. “Across” includes “along,” “in,” or “upon.”

2. “City” means the city of Bell Gardens.

3. “City council” means the city council of the city of Bell Gardens.

4. “Code” means the Bell Gardens Municipal Code.

5. “County” means the county of Los Angeles.

6. “Ex officio” means by virtue of office.

7. “Goods” includes “wares” and “merchandise.”

8. “Oath” includes “affirmation.”

9. “Operate” or “engage in” includes “carry on,” “keep,” “conduct,” “maintain,” or “cause to be kept or maintained.”

10. “Owner,” when pertaining to a building or land, includes any part owner, joint owner, tenant in common, or joint tenant of the whole or part of such building or land.

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

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

13. “Shall” is mandatory; “may” is permissive.

14. “State” means the state of California.

15. “Street” includes all streets, highways, public roads, county roads, avenues, lands, alleys, courts, places, squares, curbs, sidewalks, parkways, or other public ways in Bell Gardens 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.

16. “Tenant or occupant,” when pertaining to a building or land, shall include any person who occupies the whole or part of such building or land, whether alone or with others.

B. Construction.

1. Gender. Designation in the form of any gender includes the masculine, feminine, and neuter genders.

2. Number. The singular number includes the plural, and the plural includes the singular.

3. Tense. The present tense includes the past and future tenses, and the future tense includes the present tense.

4. Title of Office. The use of the title of any officer, employee, department, board, or commission means that officer, employee, department, board, or commission of the city of Bell Gardens. (Ord. 356 § 1, 1976; Ord. 316 § 8, 1973; prior code § 1309).

1.04.020 Definitions and construction – Material adopted by reference.

In any ordinance of the county of Los Angeles, statute, or other matter which is adopted by reference, unless the context requires otherwise, the following references shall be given the meanings set out in this section:

A. “Board of supervisors” means the city council of the city.

B. “County” means the city.

C. “County officer” means the appropriate or designated officer of the city.

D. “County of Los Angeles” means the city.

E. “Unincorporated territory” means the incorporated territory of the city. (Ord. 136 § 11, 1973; prior code § 1326).

1.04.030 Construction generally.

Unless the provisions or the context otherwise require, the general provisions, rules of construction, and definitions contained in this chapter shall govern the construction of this code. The provisions of this code, and all proceedings under it, are to be construed with a view to effect its objects and to promote justice. (Prior code § 1300).

1.04.040 Effect of headings.

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 the code. (Prior code § 1301).

1.04.050 Territorial limitations.

This code shall refer only to the omission or commission of acts within the territorial limits of the city and in that territory outside of the city over which the city has jurisdiction or control by virtue of the Constitution, or any law, or by reason of ownership or control of property. (Prior code § 1302).

1.04.060 Prohibited acts include causing or permitting.

Whenever any act or omission is made unlawful in this code, it shall include causing, permitting, aiding, abetting, suffering, or concealing such act or omission. (Prior code § 1303).

1.04.070 Deputy – Authority designated.

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, or by an officer of the county of Los Angeles, or by a deputy or employee of such officer when such officer is obligated by contract with the city and has agreed to perform certain duties on behalf of the city, unless this code expressly provides otherwise. (Prior code § 1304).

1.04.080 Reference applies to amendments.

Whenever a reference is made to any portion of this code, or to any ordinances of this city, the reference applies to all amendments and additions now or hereafter made. (Prior code § 1306).

1.04.090 Notice – Service.

Whenever a notice is required to be given under the provisions of this code, unless different provisions are otherwise specifically made in the code, such notice may be given either by personal delivery thereof to the person to be notified, or by deposit in the United States Mail in a sealed envelope, postage prepaid, addressed to such person to be notified, at his last known business or residence address as the same appears in the public records of the city or other records pertaining to the matter to which such notice is directed. Service by mail shall be deemed to have been completed at the time of deposit in the post office. (Prior code § 1307).

1.04.100 Notice – Proof of delivery.

Proof of giving any notice may be made by the certificate of any officer or employee of the city, or by affidavit of any person over the age of 18 years, which shows service in conformity with this code, or other provisions of law applicable to the subject matter concerned. (Prior code § 1308).

1.04.110 Reference to specific ordinances.

The provisions of this code shall not in any manner affect deposits or other matters of record which refer to, or are otherwise connected with, ordinances which are therein specifically designated by number or otherwise, and which are included within this code. Such reference shall be construed to apply to the corresponding provisions contained within this code. (Ord. 316 § 10, 1973; prior code § 1309.1).