Albany Municipal Code Ch. 1 General Provisions

Editor's Note: For state law as to power of City to codify ordinances, see Gov. C.A., §§ 50022.1 to 50022.8.

[New]

This book shall be known and may be cited as "The Code of the City of Albany, California (1988)", and is herein referred to as the "Code".

[Ord. #58-043, 1958 Code § 1.2; New]

For the purpose of this Code and any other ordinances heretofore or hereafter adopted, except as the context may otherwise require:

The present tense includes the past and future tenses and the future, the present.

The masculine gender includes the feminine and neuter.

The singular number includes the plural and the plural, the singular.

"Shall" is mandatory and "may" is permissive.

The time within which an act is to be done shall be computed by excluding the first and including the last day and if the last day be a Sunday, or a legal holiday, that day shall be excluded.

"Writing" and "written" shall include printing, typewriting and any other mode of communication using paper or similar material which is in general use, as well as legible handwriting.

"Chapter" shall mean any one of the major divisions of this Code, identified by an Arabic number, and divided by subject matter.

"Section" shall mean a major subdivision of a chapter.

"Subsection" shall mean a subdivision of a section, identified by a decimal number.

"Paragraph" shall mean a subdivision under a subsection, identified by an alphabetical letter and/or Arabic number.

Any citation of a statute, law or ordinance contained in this Code shall be deemed to refer to such statute, law or ordinance as amended, whether or not such designation is included in the citation.

[Ord. #58-043, 1958 Code § 1.6]

Whenever certain hours are named in this Code, they shall mean Pacific Standard Time or Daylight Saving Time whichever may be in current use in the City.

[Ord. #58-043, 1958 Code § 1.7]

The catchlines of the several sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titles.

[Ord. #58-043, 1958 Code § 1.3]

The provisions appearing in this Code, so far as they are the same as those of ordinances existing at the time of the effective date of this Code, shall be considered as continuations thereof and not as new enactments.

[Ord. #58-043, 1958 Code § 1.4]

The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect.

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.

[Ord. #58-043, § 1.5; New]

If any chapter, section, subsection or paragraph of this Code shall be declared to be unconstitutional, invalid or inoperative, in whole or in part, by a court of competent jurisdiction, such chapter, section, subsection or paragraph shall, to the extent that it is not unconstitutional, invalid or inoperative, remain in full force and effect, and no such determination shall be deemed to invalidate the remaining chapters, sections, subsections or paragraphs of this Code.

[Ord. #82-01]

The provisions of Section 1094.6 of the California Code of Civil Procedure are applicable to the City of Albany.