1-3.01    Scope

1-3.02    Provisions Construed as Restatements and Continuations

1-3.03    Tenure of Officers Preserved

1-3.04    Effect of Headings

1-3.05    Meaning of Section and Subsection

1-3.06    References to Acts or Omissions Within the City

1-3.07    Acts by Deputies

1-3.08    Writing

1-3.09    Reference to Ordinances: Application to Amendments

1-3.10    Notices Required: Service

1-3.11    Notices Required: Service: Proof

1-3.12    Statute of Limitations

1-3.13    Definitions

1-3.01 Scope.

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 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.

1-3.02 Provisions Construed as Restatements and Continuations.

The provisions of this Code, insofar as they are substantially the same as existing ordinances relating to the same subject matter, shall be construed as restatements and continuations and not as new enactments.

(Sec. 1.3, E.T.C.)

1-3.03 Tenure of Officers Preserved.

All persons who, at the time this Code takes effect, hold office under any of the ordinances repealed by this Code, which offices are continued by this Code, shall continue to hold such offices in accordance with the tenure originally granted such persons.

1-3.04 Effect of Headings.

The title, chapter, article, 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, article, or section of this Code.

(Sec. 1.6, E.T.C.)

1-3.05 Meaning of Section and Subsection.

“Section” shall mean a section of this Code, unless some other source is specifically set forth. “Subsection” shall mean a subsection of the section in which the term occurs, unless some other section is expressly set forth.

1-3.06 References to Acts or Omissions Within the City.

The provisions of this Code shall refer only to the omission or commission of acts within the territorial limits of the City and to that territory outside the City over which the City has jurisdiction or control by virtue of the Constitution of the State or any law, or by reason of ownership or control of property.

1-3.07 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.

1-3.08 Writing.

“Writing” includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement, or record is required or authorized by this Code, such notice, report, statement, or record shall be made in writing in the English language, unless this Code expressly provides otherwise.

1-3.09 Reference 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 ordinance of the City, the reference shall apply to all amendments and additions made to this Code.

1-3.10 Notices Required: Service.

Whenever a notice is required to be given pursuant to the provisions of this Code, unless different provisions are otherwise specifically set forth in the text of 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 such address 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 the notice is deposited in the post office.

1-3.11 Notices Required: Service: Proof.

Proof of giving any notice required to be given pursuant to the provisions of this Code may be made by the certificate of any officer or employee of the City or by the affidavit of any person over the age of eighteen (18) years, which affidavit shows service in conformity with the provisions of this Code or other provisions of law applicable to the subject matter concerned.

1-3.12 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.

1-3.13 Definitions.

For the purposes of this Code, unless otherwise apparent from the context, certain words and phrases used in this Code are defined as follows:

(a)    “Calendar year” shall mean from January 1 through December 31 of any given year.

(b)    “City” shall mean the City of Emeryville.

(c)    “Council” shall mean the City Council of the City of Emeryville.

(d)    “Councilmember” shall mean a person duly elected to the Council.

(e)    “County” shall mean the County of Alameda.

(f)    “E.T.C.” shall mean the Emeryville Town Code adopted by Ordinance No. 463 on August 8, 1960.

(g)    “Fiscal year” shall mean from July 1 of any given year through June 30 of the following year.

(h)    Gender. The masculine gender shall include the feminine and neuter genders.

(i)    “Goods” shall mean and include wares and merchandise.

(j)    “May” shall be permissive.

(k)    “Month” shall mean a calendar month, unless otherwise expressed.

(l)    Number. The singular number shall include the plural, and the plural number shall include the singular.

(m)    “Oath” shall include affirmation.

(n)    Office. The use of the title of any officer, employee, office, or ordinance shall mean such officer, employee, office or ordinance of the City, unless otherwise specified.

(o)    Official Time Standard. 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.

(p)    “Operate” shall mean and include carrying on, keeping, conducting, or maintaining.

(q)    “Owner,” applied to a building or land, shall include any part owner, joint owner, tenant, tenant in common, or joint tenant of the whole or a part of such building or land.

(r)    “Person” shall include any person, firm, company, corporation, partnership, association, public corporation, political subdivision, city (except the City of Emeryville), the County of Alameda, any district in the County of Alameda, the State of California, or the United States of America, or any department or agency of any thereof, unless this Code expressly provides otherwise.

(s)    “Personal property” shall include money, goods, chattels, things in action and evidences of debt.

(t)    “Property” shall include real and personal property.

(u)    “Quarterly,” where used to designate a period of time, shall mean the first three (3) calendar months of any given year or any succeeding period of three (3) calendar months.

(v)    “Real property” shall include lands, tenements, and hereditaments.

(w)    “Sale” shall include any sale, exchange, barter or offer for sale.

(x)    “Shall” shall be mandatory.

(y)    “State” shall mean the State of California.

(z)    “Street” shall include 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.

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

(ab)    Tense. The present tense shall include the past and future tenses, and the future tense shall include the present tense.

(Sec. 1.2, E.T.C., as amended by Ord. 75-011)