Chapter 1-1
CITY AND COUNTY
Sections:
Article 1. Title and Application of City Code
1-1-105 Restatement and continuations of existing ordinances.
1-1-110 Pending actions or proceedings – Existing rights.
1-1-115 Effect of repeal of ordinances.
Article 2. Definitions
1-1-200 Application of definitions.
Article 3. Rules of Construction
1-1-300 Application of rules of construction.
1-1-305 Headings in Code – Effect.
1-1-310 Code references – Inclusion of amendments.
1-1-325 Public officials – References.
1-1-330 Public officials – Exercise of powers and duties by authorized representatives.
Article 1. Title and Application of City Code
1-1-100 Title of code.
The ordinances embraced in the following chapters and sections shall be known as the “San Juan Bautista Municipal Code” and may be cited as such.
1-1-105 Restatement and continuations of existing ordinances.
The provisions of this Code, insofar as they are substantially the same as ordinances existing on the effective date of this Code, shall be construed as restatements and continuations thereof and not as new enactments.
1-1-110 Pending actions or proceedings – Existing rights.
No action or proceeding commenced before this Code takes effect, and no right accrued, is affected by this Code, but all procedure thereafter taken therein shall conform to the provisions of this Code so far as possible.
1-1-115 Effect of repeal of ordinances.
(A) The repeal of an ordinance shall not revive any ordinance in force before or at the time the ordinance repealed took effect.
(B) The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for any offense committed under the ordinance repealed.
1-1-120 Severability.
If any chapter, article, section, subsection, sentence, clause or phrase of this Code is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Code. It is hereby declared to be the intention of the City Council that each chapter, article, section, subsection, sentence, clause or phrase in this Code shall be severable.
Article 2. Definitions
1-1-200 Application of definitions.
The definitions set forth in this Article shall be applied throughout this Code, unless the context or the provision clearly requires otherwise.
(A) “Article” means an article of the chapter in which the term occurs unless some other chapter is expressly mentioned.
(B) “Board of Supervisors” means the Board of Supervisors of the County of San Benito, California.
(C) “Business day” means any day other than a holiday.
(D) “Chapter” means a chapter of this Code unless some other statute is expressly mentioned.
(E) “City” shall mean the area within the territorial city limits of the City of San Juan Bautista, and such territory outside of this City over which the City has jurisdiction or control by virtue of any constitutional provisions, or any law.
(F) “City Hall” means the offices of the City located at 311 Second Street, San Juan Bautista, California.
(G) Civil Code Provisions. The provisions of Sections 13 and 1645 of the Civil Code of the State of California are hereby adopted in the interpretation of word and phrases, unless otherwise provided herein.
(H) “Code” or “this Code” means the San Juan Bautista Municipal Code.
(I) “Council” shall mean the City Council of the City of San Juan Bautista.
(J) “County” means the County of San Benito, California.
(K) “Day” means a calendar day consisting of the period of time between midnight and the midnight following.
(L) Genders. Any gender includes the other gender.
(M) “Government Code” means the Government Code of the State of California.
(N) “Holiday” means every Saturday, Sunday, and such other days on which the City offices are closed in observance thereof.
(O) “In the City” means and includes all territory over which the City now has, or shall hereafter acquire jurisdiction for the exercise of its police powers or other regulatory powers.
(P) “Month” means a calendar month.
(Q) “Oath” includes affirmation or declaration under penalty of perjury.
(R) “Occupant,” as applied to a building or land, means any person in actual or constructive possession of the whole or a part of such building or land, either alone or with others.
(S) Office. The use of the title of any officer, employee, or any office, or ordinance shall mean such officer, employee, office or ordinance of the City of San Juan Bautista, unless otherwise specifically designated.
(T) “Owner” means a person holding any ownership interest in property, and includes part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of such property or any portion thereof.
(U) “Penal Code” means the Penal Code of the State of California.
(V) “Person” shall mean natural person, firm, joint venture, joint stock company, partnership, association, trust, club, company, corporation, business trust, organization or the manager, lessee, agent, servant, officer or employee of any of them.
(W) “Personal property” includes every species of property, except real property as defined in this Article.
(X) “Planning Commission” means the Planning Commission of the City of San Juan Bautista.
(Y) Preceding, Following. “Preceding” means next before; “following” means next after.
(Z) “Property” includes every species of real and personal property.
(AA) “Real property” includes lands, tenements and hereditaments.
(AB) “Section” means a section of this Code, unless some other statute is expressly mentioned.
(AC) Shall, May. “Shall” is mandatory; “may” is permissive or discretionary.
(AD) “Signed” or “signature” includes a mark when the signer or subscriber cannot write, such signer’s or subscriber’s name being written near the mark by a witness who writes his own name near the signer’s or subscriber’s name; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two (2) witnesses so sign their own names thereto.
(AE) Singular and Plural. The singular number includes the plural, and the plural the singular.
(AF) “State” or “this State” means the State of California.
(AG) “Tenant,” as applied to a building or land, means any occupant of such building or land, or any portion thereof, pursuant to a written or verbal lease, or a lease implied by law.
(AH) Tenses. Words used in the present tense includes the past and future tenses and vice versa.
(AI) 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.
(AJ) “Week” means seven (7) consecutive days.
(AK) “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, it shall be made in writing in the English language, unless it is expressly provided otherwise.
(AL) “Written” shall include printed, typewritten, mimeographed, or multigraphed.
(AM) “Year” means a calendar year, except where expressly provided otherwise.
Article 3. Rules of Construction
1-1-300 Application of rules of construction.
The general rules of construction set forth in this Article shall be applied throughout this Code, unless the context or the provision clearly requires otherwise.
1-1-305 Headings in Code – Effect.
Chapter, article and section headings are not part of and do not in any manner affect the scope, meaning or intent of the provisions of this Code.
1-1-310 Code references – Inclusion of amendments.
Whenever reference is made to any portion of this Code or any State law, the reference applies to all amendments and additions thereto now or hereafter made.
1-1-315 Official time.
Whenever certain hours are designated in this Code, they shall mean Pacific Standard Time or Pacific Daylight Savings Time, as may be in current use in the City.
1-1-320 Computation of time.
(A) The time in which any act provided by this Code is to be done is computed by excluding the first day and including the last.
(B) Whenever any act is required by this Code to be performed on a particular day which day falls upon a holiday, or within a specified period of time which ends on a holiday, the act may be performed on the next business day with the same effect as if it had been performed upon the day appointed.
1-1-325 Public officials – References.
All public officials, officers, boards, commissions, departments and employees to which reference is made in this Code are those of the City unless otherwise indicated.
1-1-330 Public officials – Exercise of powers and duties by authorized representatives.
Whenever a power is granted to, or a duty is imposed upon, an officer or employee of the City, the power may be exercised or the duty may be performed by a deputy or a duly authorized representative of such officer or employee, unless this Code expressly provides otherwise.
1-1-335 Number.
The singular number includes the plural, and the plural the singular.
1-1-340 Gender.
Words used in the masculine gender include the feminine and neuter.
1-1-345 Tense.
The present tense includes the past and future tenses, and the future includes the present.
Legislative History: Ord. 94-2 (3/15/94).