Chapter 1.01
CODE ADOPTION

Sections:

1.01.010    Code adopted – Effective date.

1.01.020    Title – Citation – Reference.

1.01.030    Definitions and construction.

1.01.040    Codification authority – Repeal – Exceptions.

1.01.050    Continuity of provisions.

1.01.060    Actions and proceedings continued.

1.01.070    Licenses and certificates continued.

1.01.080    Offices continued.

1.01.090    Reference.

1.01.110    Liberal construction.

1.01.120    Applicability of chapter.

1.01.130    Title, chapter and section headings.

1.01.140    Use of English language required.

1.01.150    Severability.

1.01.160    Time of day.

1.01.170    Liability.

1.01.180    Fees.

1.01.200    Savings clause.

1.01.010 Code adopted – Effective date.

This code, as compiled from the ordinances of the City of Elk Grove, is the official code of the City. This code shall take effect at 12:00:01 a.m., Pacific Standard Time, on May 8, 2009, at which time this code shall be applicable and controlling with respect to all subjects included in this code in lieu of all ordinances which are superseded and replaced by this code. Three (3) copies of this code shall be permanently retained on file with the City Clerk for use and examination by the public. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-1 §2, eff. 7-1-2000]

1.01.020 Title – Citation – Reference.

This code shall be known as the “Elk Grove Municipal Code” or “EGMC.” It shall be sufficient to refer to this code as the “Elk Grove Municipal Code” or “EGMC” in any prosecution for violation of any provision of this code in any proceeding at law or equity. It shall be sufficient to designate any ordinance adding to, amending, correcting or repealing all or any part of this code as an addition to, amendment to, correction of, or repeal of the “Elk Grove Municipal Code.” References to this code may be to the titles, chapters, sections and subsections of the “Elk Grove Municipal Code” and such reference shall apply to that numbered title, chapter, section or subsection as it appears in this code. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

1.01.030 Definitions and construction.

Unless the context otherwise requires, the following words and phrases where used in this code shall have the meaning and construction given in this section:

A. “Across” includes along, in or upon;

B. “City” means the City of Elk Grove;

C. “City Council” means the City Council of the City of Elk Grove;

D. “Code” means the “Elk Grove Municipal Code”;

E. “Day” means that whenever a number of days are specified in this code the number of days shall be construed as calendar days unless otherwise stated as business days. When the last of the specified number of days falls on a weekend or City holiday, time limits shall extend to the end of the next business day;

F. “Ex officio” means by virtue of office;

G. Gender. The masculine gender includes the feminine and neuter;

H. “Goods” includes wares and merchandise;

I. “Mayor” means the Mayor of the City of Elk Grove elected in accordance with Article 3 (commencing with Section 34900) of Chapter 4 of Part 1 of Division 2 of Title 4 of the Government Code;

J. Number. The singular number includes the plural, and the plural includes the singular;

K. “Oath” includes affirmation;

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

M. “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;

N. “Person” means any natural person, firm, association, joint venture, joint stock company, partnership, club, company, corporation, business trust, or organization of any kind;

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

P. “Shall” is mandatory, “may” is permissive;

Q. “State” means the State of California;

R. “Street” includes all streets, highways, public roads, County roads, avenues, lanes, alleys, courts, places, squares, curbs, sidewalks, parkways, or other public ways in the City of Elk Grove 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 or occupant,” when pertaining to a building or land, includes any person who occupies the whole or part of such building or land, whether alone or with others;

T. Tenses. The present tense includes the past and future tenses and the future tense includes the present tense;

U. 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. [Ord. 21-2012 §2, eff. 11-9-2012; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

1.01.040 Codification authority – Repeal – Exceptions.

This code consists of all of the regulatory and penal ordinances and certain of the administrative ordinances codified pursuant to Section 50020 et seq., inclusive, of the Government Code of the State, except for ordinances relating to rezoning, the granting of franchises, and certain other ordinances which were not considered appropriate for inclusion in the code. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

1.01.050 Continuity of provisions.

The provisions of this code, insofar as they are substantially the same as previously existing ordinance provisions relating to the same subject matter, shall be construed as restatements and continuations thereof and not as new enactments. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

1.01.060 Actions and proceedings continued.

No action or proceeding commenced before this code takes effect, and no right accrued, is affected by the provisions of this code, but all procedures thereafter taken shall conform to the provisions of this code so far as possible. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

1.01.070 Licenses and certificates continued.

Any rights given by license or certificate under any ordinance repealed by this code are not affected by the enactment of this code or by such repeal; but such rights shall hereafter be exercised according to this code. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

1.01.080 Offices continued.

All persons who, at the time this code goes into effect, hold office under any of the ordinances repealed by this code, shall continue to hold the same according to the present tenure thereof. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

1.01.090 Reference.

Whenever reference is made to any portion of this code or of any other law of the State, the reference applies to all amendments and additions now or hereafter made. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 1025-2000; Ord. 2000-1 §1, eff. 7-1-2000]

1.01.110 Liberal construction.

The provisions of the code shall be liberally construed to obtain its purposes and objects. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

1.01.120 Applicability of chapter.

Unless the provision or the context otherwise requires, the general provisions, rules of construction, and definitions set forth in this chapter shall govern the construction of this code. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

1.01.130 Title, chapter and section headings.

Title, chapter, and section headings do not govern, limit, modify or in any way affect the scope, meaning, or intent of the provisions of any title, chapter or section. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

1.01.140 Use of English language required.

Except as may be otherwise required by law, whenever any notice, report, statement, or record is required by this code, it shall be made in the English language. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

1.01.150 Severability.

If any provision of this code or the application thereof to any person or circumstances is held invalid, the remainder of the code, or the application of such provisions to other persons or circumstances, shall not be affected thereby. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-12000]

1.01.160 Time of day.

Whenever a certain hour or time of day is specified in this code such hour or time shall be Standard Time or Daylight Savings Time, whichever is in current use in the City. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

1.01.170 Liability.

No provision of this code shall be construed as imposing upon the City any liability or responsibility for personal injury or property damage resulting from any activity or condition which arises or exists by virtue of any provision or requirement of this code, including construction, installation, or repair of any facility, equipment or property, or from any defect therein; nor shall the City or any officer or employee thereof be held as assuming any liability or responsibility by reason or any inspection authorized herein. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

1.01.180 Fees.

Except as otherwise provided in this code, all fees collected herein shall be paid into the City Treasury. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

1.01.200 Savings clause.

The provisions of this code shall not affect or impair an act done or right vested or approved or any proceeding, suit or prosecution had or commenced in any cause before such repeal shall take effect; but every such act done, or right vested or accrued, or proceeding, suit or prosecution shall remain in full force and effect to all intents and purposes as if such ordinance or part thereof so repealed had remained in force. No offense committed and no liability, penalty or forfeiture, either civilly or criminally incurred prior to the time when any such ordinance or part thereof shall be repealed or altered by said code shall be discharged or affected by such repeal or alteration; but prosecutions and suits for such offenses, liabilities, penalties or forfeitures shall be instituted and proceeded with in all respects as if such prior ordinance or part thereof had not been repealed or altered. [Ord. 7-2009 §3, eff. 5-1-2009]