Chapter 1.04


1.04.010    Definitions.

1.04.020    Grammatical interpretation.

1.04.030    Prohibited acts include causing and permitting.

1.04.040    Construction.

1.04.050    Repeal shall not revive any ordinances.

1.04.010 Definitions.

The following words and phrases, whenever used in the ordinances of the city of Half Moon Bay, shall be construed as defined in this section unless from the context a different meaning is intended or unless different meaning is specifically defined and more particularly directed to the use of such words or phrases:

A.    “Chief of police” means the San Mateo County sheriff, or his or her designee.

B.    “City” means the city of Half Moon Bay, California, or the area within the territorial limits of the city of Half Moon Bay, California, and such territory outside of the city over which the city has jurisdiction or control by virtue of any constitutional or statutory provision.

C.    “Computation of time” means the time within which an act is to be done.  It is computed by excluding the first day and including the last day; and if the last day is Sunday or a legal holiday, that day shall be excluded.

D.    “Council” means the city council of the city of Half Moon Bay, California.  “All its members” or “all councilmembers” means the total number of councilmembers provided by the general laws of the state of California.

E.    “County” means the county of San Mateo, California.

F.    “Law” denotes applicable federal law, the constitution and statutes of the state of California, the ordinances of the city of Half Moon Bay, and when appropriate, any and all rules and regulations which may be promulgated thereunder.

G.    “May” is permissive.

H.    “Month” means a calendar month.

I.    “Must” and “shall.”  Each is mandatory.

J.    “Oath” is construed to include 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” are equivalent to the words “affirm” and “affirmed.”

K.    “Or” may be read “and” and “and” may be read “or” if the sense requires it.

L.    “Ordinance” means a law of the city; provided, that a temporary or special law, administrative action, order or directive may be in the form of a resolution.

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

N.    “Person” means 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.

O.    “Personal property” includes money, goods, chattels, things in action and evidences of debt.

P.    “Preceding” and “following” means next before and next after, respectively.

Q.    “Property” includes real and personal property.

R.    “Real property” includes lands, tenements and hereditaments.

S.    “Sidewalk” means that portion of a street between the curb line and the adjacent property line intended for the use of pedestrians.

T.    “State” means the state of California.

U.    “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.

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

W.    Title of Office.  Use of the title of any officer, employee, board or commission means that officer, employee, department, board or commission of the city.

X.    “Written” includes printed, typewritten, mimeographed or multigraphed.

Y.    “Year” means a calendar year.

Z.    All words and phrases shall be construed and understood 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.

AA.    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 as to include all such acts performed by an authorized agent.  (Ord. C-2015-07 §1(part), 2015; Ord. C-2014-04 §1, 2014; Ord. 10-73 §1, 1973).

1.04.020 Grammatical interpretation.

The following grammatical rules shall apply in the ordinances of the city of Half Moon Bay:

A.    Gender.  Any gender includes the other 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.

D.    Use of Words and Phrases.  Words and phrases not specifically defined shall be construed according to the context and approved usage of the language.  (Ord. 10-73 §2, 1973).

1.04.030 Prohibited acts include causing and permitting.

Whenever in the ordinances of the city any act or omission is made unlawful, it includes causing, allowing, permitting, aiding, abetting, suffering or concealing the fact of such act or omission.  (Ord. 10-73 §3, 1973).

1.04.040 Construction.

The provisions of the ordinances of the city, and all proceedings under them, are to be construed with a view to effect their objects and to promote justice.  (Ord. 10-73 §4, 1973).

1.04.050 Repeal shall not revive any ordinances.

The repeal of an ordinance shall not repeal the repealing clause of such ordinance or revive any ordinance which has been repealed thereby.  (Ord. 10-73 §5, 1973).