Banning Municipal Code Ch. 1.04 General Provisions

The ordinances embraced in the following chapters and sections shall constitute and be designated "The Code of the City of Banning, California, 1965," and may be so cited.

(Code 1965, § 1-1.)

In the construction of this Code and of all ordinances of the city, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the city council or the context clearly requires otherwise:

City. The words "the city" or "this city" shall mean the area within the territorial limits of the City of Banning and such territory outside of the city over which the city has jurisdiction or control by virtue of any constitutional provision or any law.

Code. The words "the Code" or "this Code" shall mean "the Code of the City of Banning, California, 1965."

Computation of time. The time in which any act provided by law is to be done is computed by excluding the first day and including the last, unless the last day is a holiday and then it is also excluded.

Council or City council. Whenever the words "council" or "city council" are used, they shall be construed to mean the city council of the City of Banning.

County. The words "the county" or "this county" shall mean the County of Riverside.

Day. A day is the period of time between any midnight and the midnight following.

Daytime, nighttime. "Daytime" is the period of time between sunrise and sunset. "Nighttime" is the period of time between sunset and sunrise.

Gender. The masculine gender includes the feminine and neuter.

In the city. The words "in the city" shall mean and include all territory over which the city now has, or shall hereafter acquire, jurisdiction for the exercise of its police powers or other regulatory powers.

Joint authority. All words giving a joint authority to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.

Month. The word "month" shall mean a calendar month.

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

Oath. "Oath" includes affirmation.

Officers, departments, etc. Officers, departments, boards, commissions and employees referred to in this Code shall mean officers, departments, boards, commissions and employees of the City of Banning, unless the context clearly indicates otherwise.

Official time. Whenever certain hours are named herein, they shall mean Pacific Standard Time or Daylight Saving Time, as may be in current use in the city.

Owner. The word "owner", applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety, of the whole or of a part of such building or land.

Person. "Person" includes any person, firm, association, organization, partnership, business trust, corporation or company.

Personal property. "Personal property" includes every species of property, except real property as herein defined.

Preceding, following. The words "preceding" and "following" mean next before and next after, respectively.

Process. "Process" includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature.

Property. The word "property" shall include real and personal property.

Public Place. The term "public place" includes any room to which the general public has a license to enter for business, trade, amusement, worship or other purposes, or which the general public has a right to enter upon the payment of an admission fee.

Real property. Real property shall include lands, tenements and hereditaments.

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

Signature or subscription by mark. "Signature" or "subscription" 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 witnesses so sign their own names thereto.

State. The words "the state" or "this state" shall be construed to mean the State of California.

Tenant or occupant. The words "tenant" or "occupant", applied to a building or land, shall include any person holding a written or an oral lease of or who occupies the whole or a part of such building or land, either alone or with others.

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

Week. A week consists of seven consecutive days.

Writing. 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.

Year. The word "year" shall mean a calendar year, except where otherwise provided.

(Code 1965, § 1-2.)

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

(Code 1965, § 1-3.)

Any ordinance added to or amending or repealing this Code may be designated as an addition or amendment to, or repeal of, "The Code of the City of Banning, California, 1965."

(Code 1965, § 1-4.)

If any section, sentence, clause, phrase or portion of this Code is for any reason held to be invalid or unconstitutional by the decision of any courts such decision shall not affect the validity of the remaining portions of this Code. The city council would have adopted this Code and each section, sentence, clause, phrase and portion thereof, irrespective of the fact that any one of more sections: sentences, clauses, phrases or portions be invalid or unconstitutional.

(Code 1965, § 1-5.)

Chapter, article and division headings and the catchlines to sections contained in this Code shall not govern, limit, modify or affect the scope, meaning or intent of the provisions of this Code.

(Code 1965, § 1-6.)

This Code shall not affect deposits or other matters of record which refer to or are otherwise connected with ordinances which are therein specially designated by number or otherwise and which are included in this Code, but such references shall be construed to apply to the corresponding provision of this Code.

(Code 1965, § 1-7.)

All references in this Code to places, acts, persons or things and all else in relation to this Code shall be construed to mean that the same are applicable to this city, whether the city is mentioned in each particular section or not.

(Code 1965, § 1-8.)

This Code shall refer only to the omission or commission of acts within the territorial limits of the city and that territory outside of the city over which the city has jurisdiction or control by virtue of the Constitution or law or by reason of ownership or control of property.

(Code 1965, § 1-9.)

In the absence of an ordinance or resolution providing otherwise, no person shall be eligible for appointment to any commission, board or committee of the city, unless he is a resident of the city. Should a person so appointed move his place of residence outside the city, his office shall immediately become vacant.

(Code 1965, § 1-10.)