§ 1-2

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

CITY — "The City" or "this City" shall be construed as if followed by the words "of Albany."

CITY COUNCIL OR COUNCIL — Shall mean the City Council of the City of Albany.

CLERK OR CITY CLERK — Shall mean the municipal clerk duly appointed pursuant to law.

CODE — Shall mean "The Code of the City of Albany, California (1988)".

COUNTY — Shall mean the County of Alameda of this State.

DAY — Shall mean the period of time between any midnight and the midnight following. [1 ]

DAYTIME/NIGHTTIME — "Daytime" shall mean the period of time between sunrise and sunset. "Nighttime" shall mean the period of time between sunset and sunrise. [2 ]

DEPARTMENT — Shall mean an organizational unit of the government established or designated by ordinance or this Code as a department, together with any agency or instrumentality of the government assigned to such organizational unit by the City Council.

HEALTH DEPARTMENT — Shall mean and include the Health Officer of the City and their deputies, and the County Health Officer and their deputies whenever the City has entered into a contract with the County for the performance by health officers or other employees of the County of public health services. [3 ]

IN THE CITY — Shall mean and include all territory over which the City now has, or shall hereafter acquire, the jurisdiction for the exercise of its police powers or other regulatory powers.

JOINT AUTHORITY — Shall mean all words giving a joint authority to three (3) or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.

LICENSED — Shall mean licensed in accordance with the appropriate section or chapter of this Code.

MONTH — Shall mean a calendar month unless otherwise specifically provided. [4 ]

OATH — Shall be construed to include an affirmation where an affirmation may be substituted for an oath. In such cases, the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed". [5 ]

OFFICER OR OFFICIAL (and the title of an officer or official) — Shall be construed as if the words "of the City of Albany" followed it.

OR, AND — "Or" may be read "and," and "and" may be read "or," if the sense required it.

ORDINANCE — Shall mean any act of local legislation heretofore or hereafter adopted, and including this Code, so long as it shall have been adopted by the procedure required for the adoption of an ordinance and so long as it shall remain in force and effect pursuant to law.

1. Editor's Note: For similar State law, see Gov. C.A., § 6806.

2. Editor's Note: For similar State law, see Gov. C.A., § 6807.

3. Editor's Note: For similar State law, see Gov. C.A., § 6807.

4. Editor's Note: For similar State law, see Gov. C.A., § 6804.

5. Editor's Note: For similar State law, see Gov. C.A., § 15.

OWNER — Shall mean and include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by entirety, of the whole or of a part of such building or land.

PERSON — Shall mean any individual, natural person, partnerships, joint ventures, societies, associations, clubs, trustees, trusts, corporations or unincorporated groups, or any officers, agents, employees, servants, factors or any kind of personal representatives of any thereof in any capacity, acting either for themselves or for any other person, under either personal appointment or pursuant to law. [6 ]

PERSONAL PROPERTY — Shall mean and include every species of property except real property, as defined in this section.

PRECEDING AND FOLLOWING — Shall mean next before and next after, respectively.

PROCESS — Shall mean a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature. [7 ]

PROPERTY — Shall mean real and personal property.

PUBLIC GROUNDS, PUBLIC SQUARES, PUBLIC PLACE OR PUBLIC PLACES — Shall severally be construed to mean any and every public ground, public square, public park or other public place within the City.

REAL PROPERTY — Shall mean lands, tenements and hereditaments.

RESOLUTION — Shall mean and include any act or regulation of the City Council required to be reduced to writing, but which may be finally passed at the meeting at which it is introduced.

RESPONSIBLE PARTY — Shall mean each person committing the violation or causing a condition on a parcel of real property located within the City of Albany to violate the Albany Municipal Code; each person who has an ownership interest in that property; and each person who although not an owner, nevertheless has a legal right or a legal obligation to exercise possession and control over that property. In the event the person who commits the violation or causes the violating condition is a minor, then the minor's parents or legal guardian shall be deemed the responsible party. In the event the violation or violating condition is most reasonably attributable to a business and not to an employee, then that business, to the extent it is a legal entity such that it can sue and be sued in its own name, and each person who is an owner of that business shall each be deemed responsible parties.

ROADWAY — Shall mean that portion of a highway improved, designed or ordinarily used for vehicular travel. [8 ]

SIDEWALK — Shall mean any portion of a street between the curb line and the adjacent property line, intended for the use of pedestrians, excluding parkways. [9 ]

SIGNATURE OR SUBSCRIPTION — Shall mean 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 their 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. [10 ]

STATE — Shall mean the State of California.

6. Editor's Note: For similar State law, see Gov. C.A., § 17.

7. Editor's Note: For similar State law, see Gov. C.A., § 22.

8. Editor's Note: For similar State law, see Gov. C.A., § 83.

9. Editor's Note: For similar State law, see Gov. C.A., § 84.

10. Editor's Note: For similar State law, see Gov. C.A., § 16.

City of Albany, CA § 1-2.1 ALBANY CODE

§ 1-2.1

STREET — Shall mean and include a street, avenue, road, alley, lane, highway, boulevard, concourse, driveway, culvert, sidewalk and crosswalk, and every class of road, square, place or municipal parking field used by the general public. [11 ]

TENANT OR OCCUPANT — When applied to a building or land, shall mean and include any person holding a written or oral lease or who occupies, the whole or a part of such building or land, either alone or with others.

WEEK — Shall mean seven (7) consecutive days. [12 ]

YEAR — Shall mean a calendar year except where otherwise provided. [13 ]

11. Editor's Note: For similar State law, see Veh. C.A., § 81.

12. Editor's Note: For similar State law, see Gov. C.A., § 6805.

13. Editor's Note: For State law definition of "year" see Gov. C., § 6803.