American Canyon Municipal Code Ch. 1.04 General Provisions

(A) The provisions of the ordinances of this city and all proceedings under them are to be construed to effect its objects and to promote justice.

(B) All the provisions of this code and all other city ordinances shall be interpreted to refer to the appropriate or designated officer or office of the city, and whether an ordinance, uniform code, statute, or other matter which is adopted by reference refers to any department, officer, employee, inspection, police, or other function, unless the context requires otherwise, all references shall be to the appropriate or designated office, officer, department, agency, employee, or function of the city, or to the person or agency performing the function for the city.

Ord. 94-04 § 1, 1994

Previously codified as 1.01.010

Neither the adoption of this code nor the repeal

or amendment by this code of any ordinance or part or portion of any ordinance previously in effect in the city or within the territory currently comprising the city, shall in any manner affect the prosecution for the violation of any ordinance, which violation was committed prior to the effective date of this code, nor be construed as a waiver of any license, fee or penalty on such effective date due and unpaid under such ordinances, nor be construed as affecting any of the provisions of such ordinances relating to the collection of any such license, fee or penalty or the penal provisions applicable to any violation of such ordinances, nor to affect the validity of any bond or cash deposit required to be posted, filed, or deposited pursuant to any ordinance, and all vested rights and obligations pertaining to such ordinances shall continue in full force and effect. The repeal of an ordinance shall not repeal the repealing clause of such ordinance or revive any ordinance which has been repealed thereby.

Previously codified as 1.01.020

If any chapter, section, subsection, sentence, clause, phrase or portion of any

ordinance of the city is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. The council hereby declares that it would have passed this code, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases had been declared invalid or unconstitutional; and if for any reason the code should be declared invalid or unconstitutional, then the original ordinance or ordinances shall be in full force and effect.

Ord. 94-04 § 2, 1994

Previously codified as 1.01.030

The ordinances of the city shall refer only to the omission or commission of

acts within the territorial limits of the city of American Canyon and that territory outside of the city over which the, city has jurisdiction or control by virtue of the Constitution, or any law, or by reason of ownership or control of property.

Ord. 94-04 § 3, 1994

Previously codified as 1.01.040

All references in the ordinances of the city to places, acts, persons or things

and all else in relation to such ordinances shall be construed to mean that the same are applicable to this city, whether the city is mentioned in each particular section or not. Ordinances of the city have been adopted from or relate to the same subject as is set forth in the Napa County Code. To the extent that any section, subsection, sentence, clause or phrase of any such ordinances is in conflict with the Napa County Code provisions that are adopted, the later-adopted portion of the ordinances shall control and shall take precedence over the inconsistent portions of the Napa County Code.

Ord. 94-04 § 4, 1994

Previously codified as 1.01.050

Unless the provisions of the ordinances of the city otherwise specifically

provided, or the context of the ordinances indicates to the contrary, the general provisions, rules of construction, and definitions set forth in the following sections of this chapter shall govern the construction of the ordinances of the city. 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. 94-04 § 5, 1994

Previously codified as 1.01.100

The title, chapter, article, and section headings contained in the ordinances of

the city shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent or the provisions of any title, chapter, article, or section of this code or the ordinances of the city.

Ord. 94-04 § 6, 1994

Previously codified as 1.01.110

All words and phrases shall be construed according to the common

and approved usage of the language, but technical words and phrases and such others as may be acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning.

Ord. 94-04 § 7, 1994

Previously codified as 1.01.120

The following grammatical rules shall apply in the ordinances of

the city unless it is apparent from the context that a different construction is intended:

(A) Gender. Each gender includes the masculine, feminine and neuter 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 future tenses and vice versa, unless manifestly inapplicable.

Ord. 94-04 § 8, 1994

Previously codified as 1.01.121

Whenever a power is granted to, or a duty is imposed upon, a public officer or

employee, the power may be exercised or the duty may be performed by, a deputy of such officer or employee or by a person otherwise duly authorized pursuant to law or ordinance, unless the ordinances of the city expressly provide otherwise.

Ord. 94-04 § 9, 1994

Previously codified as 1.01.130

When an act is required by this code or 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 to include all such acts performed by an authorized agent.

Ord. 94-04 § 10, 1994

Previously codified as 1.01.131

Except when otherwise provided, the time within which an action is required

to be done shall be computed by excluding the first day and including the last day, unless the last day is Sunday or a holiday, in which case it shall also be excluded.

Ord. 94-04 § 11, 1994

Previously codified as 1.01.140

Whenever any reference in this code

is made to an ordinance, the reference shall apply to such ordinance of the city, unless this code expressly provides otherwise. Whenever any reference is made to any portion of this code, or to any ordinance of this city, the reference shall apply to all amendments, corrections and additions heretofore, now, or hereafter added to this code.

Previously codified as 1.01.150

When a limitation or period of time prescribed in any existing ordinance or

statute for acquiring a right or barring a remedy, or for any other purpose, has begun to run before this code goes into effect, the time which has already run shall be deemed a part of the time prescribed as such limitation.

Previously codified as 1.01.160

The following words and phrases, whenever used in the ordinances of the city, shall be

construed as defined in this section, unless from the context a different meaning is intended or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases: "Calendar year" means the period from January 1st through December 31st of any given year. "City" means the city of American Canyon, or the area within the territorial limits of the city, and such territory outside the city over which the city has jurisdiction or control by virtue of any constitutional or statutory provision. "City manager" means the appointed official of the city who occupies the position of a chief administrative officer of the city. "Council" means the city council of the city of American Canyon. "All its members" or "all councilmembers" means the total number of councilmembers holding office. "Councilmember" means a person duly elected to the council. "County" means the county of Napa, California or the area within the limits of Napa County, and such territory outside Napa County over which the county has jurisdiction or control by virtue of any constitutional or statutory provisions. "Fiscal year" means from July 1st of any given year through June 30th of the following year. "Goods" means and include wares and merchandise. "Law" denotes applicable federal law, the constitution and statutes of the state of California, the ordinances of the city, and when appropriate, any and all rules and regulations which may be promulgated thereunder. "May" is permissive. "Months" means the calendar months, unless otherwise expressed. "Must" and "shall" are each mandatory. "Oath" includes 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" shall be equivalent to the words "affirm" and "affirmed." "Operate" means and includes carrying on, keeping, conducting or maintaining. "Owner," applied to a building or land, includes any part owner, joint owner, tenant, tenant in common, or joint tenant of the whole or a part of such building or land. "Person" includes any natural person, firm, company, corporation, club, trust, or similar organization, partnership, association, public corporation, political subdivision, city (except the city of American Canyon), the county of Napa, any district in the county of Napa, the state of California, or the United States of America, or any department or agency or any employee, manager, officer, agent, lessee or servant of any thereof, unless this code expressly provides otherwise. "Personal property" includes money, goods, chattels, things and actions, any evidences of debt. "Police," "police chief," or "chief of police" means the agency which performs the appropriate law enforcement functions of the city, and the head of the agency or division thereof which at the time involved has responsibility for performing the police function for, or within, the city. "Preceding" and "following" mean next before and next after, respectively. "Property" includes real and personal property. "Quarterly" where used to designate a period of time, shall mean the first three calendar months of any given year or any succeeding period of three calendar months. "Real property" includes land, tenements, and hereditaments. "Sale" includes any sale, exchange, barter, or offer for sale. "Sidewalk" means that portion of a street between the curb line and the adjacent property line intended for the use of pedestrians. "State" means the state of California. "Street" includes all streets, highways, avenues, boulevards, alleys, courts, places, squares, curbs, or other public ways in the 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 the state. "Tenant" or "occupant" applied to a building or land, shall include any person who occupies the whole or a part of such building or land, whether alone or with others. "Written" or "writing" includes materials which are printed, typewritten, mimeographed, multigraphed, or otherwise reproduced in a permanent visible form. "Year" means a calendar year.

Ord. 94-04 § 12, 1994

Previously codified as 1.01.170