Chapter 1.04
GENERAL PROVISIONS

Sections:

1.04.010    Definitions.

1.04.020    Grammatical interpretation.

1.04.030    Construction.

1.04.060    Repeal not to revive any ordinances.

1.04.070    Repeal of ordinances not codified.

1.04.080    Exclusions.

1.04.090    Prohibited acts to include causing, permitting and related acts.

1.04.010 Definitions.

The following words and phrases whenever used in this code 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:

(1)    "City" means the city of Menlo Park, California, or the area within the territorial limits of the city of Menlo Park, California, and such territory outside of the city over which the city has jurisdiction or control by virtue of any constitutional provision, or any law;

(2)    "Council" means the City Council of the city of Menlo Park, California. "All its members" or "all members of the City Council" means the total number of members of the City Council provided for in Section 36501 of the Government Code of the state of California;

(3)    "County" means the county of San Mateo, California;

(4)    "Health officer" means that person who has been appointed health officer by the City Council, or the county health officer in the event the city enters into a contract with the county for the performance by health officers or other employees of the county of any or all functions relating to the enforcement of city health functions;

(5)    "Law" denotes applicable federal law, the constitution and statutes of the state of California, the ordinances of the city of Menlo Park, California, and when appropriate, any and all rules and regulations which may be promulgated thereunder;

(6)    "Oath" includes affirmation;

(7)    "Office." The use of the title of any officer, employee, or any office, or ordinance means such officer, employee, office, or ordinance of the city of Menlo Park unless otherwise specifically designated;

(8)    "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;

(9)    "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;

(10)    "State" means the state of California;

(11)    "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;

(12)    "May" is permissive;

(13)    "Must" and "shall": Each is mandatory;

(14)    "Written" includes printed, typewritten, mimeographed or multigraphed. (Ord. 509 § 1, 1971).

1.04.020 Grammatical interpretation.

The following grammatical rules apply in this code:

(1)    Gender. Any gender includes the other genders;

(2)    Singular and Plural. The singular number includes the plural and the plural includes the singular;

(3)    Tenses. Words used in the present tense include the past and the future tenses and vice versa;

(4)    Use of Words and Phrases. Words and phrases used in this code and not specifically defined shall be construed according to the context and approved usage of the language. (Ord. 509 § 2, 1971).

1.04.030 Construction.

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. (Ord. 509 § 3, 1971).

1.04.060 Repeal no to 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. 509 § 6, 1971).

1.04.070 Repeal of ordinances not codified.

All general ordinances of the city of Menlo Park not included in this code or excluded from the operation and effect of this section are repealed. (Ord. 509 § 7, 1971).

1.04.080 Exclusions.

Every ordinance of this city governing the following subject matter, whether contained in whole or in part within this code, is excluded from the operation and effect of Section 1.04.070, and is not affected by the repeal provisions of this code: Annexations; franchises; the naming of roads, streets and public places, the establishment of speed limits; acquisition or disposal by lease, sale or otherwise of public property; vacation of streets, alleys, or public ways; acceptance of any gift, devise, license or other benefit; provided that the foregoing enumeration of exceptions or exclusions shall not be deemed to be exclusive or exhaustive, it being the intent and purpose to exclude from repeal any and all ordinances not of a general nature. (Ord. 509 § 8, 1971).

1.04.090 Prohibited acts to include causing, permitting and related acts.

Whenever in this code 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. 509 § 10, 1971).