Belvedere Municipal Code Ch. 1.04 General Provisions

GENERAL PROVISIONS

Sections:

1.04.010 Definitions.

• 1.04.020 Grammatical interpretation. 1.04.030 Interpretation of language. 1.04.040 Construction of provisions. 1.04.050 Title of office. 1.04.060 Acts by agents. 1.04.080 Computation of time. 1.04.090 Repeal shall not revive any ordinances.

Words and phrases, whenever used in the ordinances of the City of Belvedere, shall be construed as defined in this Section unless 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:

A. “City” means the City of Belvedere, California, or the area within the territorial limits of the City of Belvedere, and such territory outside the City over which the City has jurisdiction or control by virtue of any constitutional or statutory provision.

B. “Council” means the City Council of the City of Belvedere. “All its members” or “all Councilpersons” means the total number of Councilpersons holding office.

• C. “County” means the County of Marin.

  1. “Day” means a calendar day.

D. “Law” denotes applicable federal law, the Constitution and statutes of the State of California, the ordinances of the City of Belvedere, and, when appropriate, any and all rules and regulations which may be promulgated thereunder.

• E. “May” is permissive.

• F. “Month” means a calendar month.

• G. “Must” and “shall” are each mandatory.

H. “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.”

I. “Owner,” applied to a building or land, includes any part owner, joint owner, tenant in common, joint tenant, tenant by the entirety, of the whole or a part of such building or land.

J. “Person” includes a natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them.

• K. “Personal property” includes money, goods, chattels, things in action and evidences of debt.

• L. “Preceding” and “following” mean next before and next after, respectively.

• M. “Property” includes real and personal property.

• N. “Real property” includes lands, tenements and apartments.

• O. “State” means the State of California.

• P. “Tenant” and “occupant” applied to a building or land, include any person who occupies the whole or part of such building or land, whether alone or with others.

• Q. “Written” includes printed, typewritten, mimeographed, multi-graphed, or otherwise reproduced in permanent visible form.

• R. “Year” means a calendar year. (Ord. 2003-1 § 2, 2003; Ord. 77-8 § 1, 1977.)

The following grammatical rules shall apply in the ordinances of the City of Belvedere, 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 the future tenses and vice versa, unless manifestly inapplicable. (Ord. 77-8 § 4, 1977.)

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 have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning. (Ord. 77-8 § 3, 1977.)

The provisions of the ordinances of the City of Belvedere, and all proceedings under them are to be construed with a view to effect their objects and to promote justice. (Ord. 77-8 § 8, 1977.)

Use of the title of any officer, employee, department, board or commission means that officer, employee, department, board or commission of the City. (Ord. 77-8 § 2, 1977.)

When an act is required by 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. 77-8 § 5, 1977.)

Except when otherwise provided, the time within which an act 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. 77-8 § 7, 1977.)

When any ordinance repealing a former ordinance, clause or provision shall itself be repealed, such repeal shall not be construed to revive such former ordinance, clause or provision unless it is expressly so provided. (Ord. 77-8 § 9, 1977.)