Chapter 1.04


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    Object of Provisions.

1.04.090    Repeal Shall Not Revive Any Ordinances.

1.04.010 Definitions.

The following words and phrases, whenever used in the ordinances of the City of Carmel-by-the-Sea, California, 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:

A. “City” means the City of Carmel-by-the-Sea, California, or the area within the territorial limits of the City of Carmel-by-the-Sea, and such territory outside of the City over which the City has jurisdiction or control by virtue of any constitutional or statutory provisions.

B. “Council” means the City Council of the City of Carmel-by-the-Sea. “All its members” or “all Council members” means the total number of persons holding office.

C. “County” means the County of Monterey.

D. “Law” denotes applicable Federal law, the Constitution and statutes of the State of California, the ordinances of the City of Carmel-by-the-Sea, 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 such building or land.

J. “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.

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 a pedestrian way with a surface paved with permanent materials such as concrete, blacktop, etc.

P. “Sidewalk area” consists of that area lying between the property line and the curb line, in the public right-of-way.

Q. “State” means the State of California.

R. “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.

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

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

U. “Year” means a calendar year. (Ord. 318 C.S. § 1, 1974; Code 1975 § 1214.01; Added during 1980 codification).

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. (Added during 1980 codification).

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. (Added during 1980 codification).

1.04.040 Grammatical Interpretation.

The following grammatical rules shall apply in the ordinances of the City of Carmel-by-the-Sea, 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. (Added during 1980 codification).

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 requirement shall be construed to include all such acts performed by an authorized agent. (Added during 1980 codification).

1.04.060 Prohibited Acts Include Causing and Permitting.

Whenever in the ordinances of the City of Carmel-by-the-Sea 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. (Added during 1980 codification).

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. (Added during 1980 codification).

1.04.080 Object of Provisions.

The provisions of the ordinances of the City of Carmel-by-the-Sea, and all proceedings under them, are to be construed with a view to effect their objects and to promote justice. (Added during 1980 codification).

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. (Added during 1980 codification).