Chapter 1.04 — GENERAL PROVISIONS

Unless the provisions of the context otherwise specify, the general provisions, rules of construction, and definitions set forth in this charter shall govern the construction of this code. 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.

(Prior code § 1-3.01)

The provisions of this code, insofar as they are substantially the same as existing ordinances relating to the same subject matters, shall be construed as restatements and continuations and not as new enactments.

(Prior code § 1-3.02)

All persons who, at the time this code takes effect, hold office under any of the ordinances repealed by this code, which offices are continued by this code, shall continue to hold them according to their former tenure.

(Prior code § 1-3.03)

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

(Prior code § 1-3.04)

"Section" means a section of this code, unless some other source is specifically mentioned. "Subsection" means a subsection of the section in which the term occurs, unless some other section is expressly mentioned.

(Prior code § 1-3.05)

This code shall refer only to the omission or commission of acts within the territorial limits of the city and to that territory outside the city over which the city has jurisdiction or control by virtue of the Construction of the state of California or any law, or by reason of ownership or control of property.

(Prior code § 1-3.06)

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 this code expressly provides otherwise.

(Prior code § 1-3.07)

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.

(Prior code § 1-3.08)

Whenever any reference is made to an ordinance, the reference shall apply to such ordinance of the city unless otherwise specifically provided. Whenever any reference is made to any portion of this code, or to any ordinances of the city, the reference shall apply to all amendments and additions now or hereafter made.

(Prior code § 1-3.09)

Whenever a notice is required to be given under this code, unless different provision are otherwise specifically made in the code, such notice may be given either by personal delivery thereof to the person to be notified or by deposit in the United States mail in a sealed envelope, postage prepaid, addressed to such person to be notified at his or her last known business or residence address as the same appears in the public records of the city or other records pertaining to the matter to which such notice is directed. Service by mail shall be deemed to have been completed at the time of deposit in the post office.

(Prior code § 1-3.10)

Proof of giving any notice may be made by the certificate of any officer or employee of the city or by affidavit of any person over the age of eighteen (18) years, which affidavit shows service in conformance with this code or other provisions of law applicable to the subject matter concerned.

(Prior code § 1-3.11)

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.

(Prior code § 1-3.12)

For the purposes of this code, unless otherwise apparent from the context, certain words and phrases used in the code are defined as follows:

"Calendar year" means from January 1st through December 31st of any given year.

"City" means the city of Arroyo Grande.

"Council" means the city council of the city of Arroyo Grande.

"County" means the county of San Luis Obispo.

"Fiscal year" means from July 1st of any given year through June 30th of the following year.

"Gender" means the masculine gender shall include the feminine and neuter genders.

"May" shall be permissive.

"Month" means a calendar month unless otherwise expressed.

"Number" means the singular number shall include the plural and the plural number shall include the singular.

"Oath" includes affirmation.

"Office" means the use of the title of any officer, employee, office or ordinance shall mean such officer, employee, office or ordinance of this city, unless otherwise specified.

"Official Time Standard" means, wherever certain hours are named in the code, they shall mean standard time or daylight saving time as may be in current use in the city.

"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 person, firm, company, corporation, partnership, association, any public corporation, political subdivision, city (excepting the city of Arroyo Grande), county of San Luis Obispo, district in the county of San Luis Obispo, the state of California, or the United States of America, or any department or agency of any thereof, unless this code expressly provides otherwise.

"Personal property" includes money, goods, chattels, things in action, and evidences of debt.

"Property" includes both real and personal property.

"Quarterly," when used to designate a period of time, means the first three calendar months of any given year or any succeeding period of three calendar months.

"Real property" includes lands, tenements and hereditaments.

"Shall" shall be mandatory.

"State" means the state of California.

"Street" includes all streets, highways, avenues, boulevards, alleys, courts, places, squares, 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 this state.

"Tenant or occupant," applied to a building or land, includes any person who occupies the whole or part of such building or land, whether alone or with others.

Tenses. The present tense shall include the past and future tenses, and the future tense shall include the present tense.

(Prior code § 1-3.13)

Any duties previously assigned by the Arroyo Grande Municipal Code to be performed by the traffic commission or historical resources committee will be performed by the community development director or referred by the community development director to the planning commission or city council and any duties assigned to the parks and recreation commission will be performed by the director of recreation services or director of public works or referred by the director of recreation services or director of public works to the planning commission or city council after the effective date of Ordinance No. 695 adopted on August 28, 2018.

(Ord. No. 695, § 2, 8-28-2018)