Berkeley Municipal Code Ch. 1.04 General Provisions

In this chapter and in every ordinance and resolution of the City of Berkeley, unless from the context the contrary intention clearly appears:

1. Definitions using the word "means" shall be deemed to be exclusive or restrictive definitions.

2. Definitions using the word "includes" shall be deemed to be extensive or enlarging definitions.

3. "City/town" means the City of Berkeley, California, or the area within the territorial limits of the City of Berkeley, California, and such territory outside of the City over which the City has jurisdiction or control by virtue of any constitutional or statutory provision.

4. "Computation of time" means the time within which an act is to be done. It shall be computed by excluding the first day and including the last day; and if the last day be Sunday or a legal holiday, that day shall be excluded.

5. "Council" means the City Council of the City of Berkeley, California. "All its members" or "all councilpersons" mean the total number of councilpersons provided by the Charter of the City of Berkeley.

6. "County" means the county of Alameda, California.

7. "Law" denotes applicable federal law, the Constitution and statutes of the State of California, the Charter and ordinances of the City of Berkeley and, when appropriate, any and all rules and regulations which may be promulgated thereunder.

8. "May" is permissive in nature.

9. "Month" means a calendar month.

10. "Must" and "shall" are mandatory in nature.

11. "Oath" shall be construed to include 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."

12. "Ordinance" means a law of the City of Berkeley.

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

14. "Person" means natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, firm, organization, or the manager, lessee, agent, servant, officer or employee of any of them.

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

16. "Preceding" and "following" mean next before and next after, respectively.

17. "Real property" includes lands, tenements and hereditaments.

18. "Sidewalk" means that portion of a street between the curbline and the adjacent property line intended for the use of pedestrians.

19. "State" means the State of California.

20. "Street" includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs, or other public ways in this 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.

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

22. Title of office. Use of the title of any officer, employee, board or commission means that officer, employee, department, board or commission of the City of Berkeley.

23. "Written" includes printed, typewritten, mimeographed or multigraphed.

24. "Year" means a calendar year.

25. All words and phrases shall be construed and understood 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.

26. 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 as to include all such acts performed by an authorized agent. (Ord. 4863-NS § 1, 1976; Ord. 1914-NS § 1, 1935)

The following grammatical rules shall apply in the ordinances of the City of Berkeley:

A. Gender. The gender neutral pronoun includes the feminine and masculine genders.

B. Pronoun Singularity. "They/them" shall indicate a singular individual, unless the context indicates the contrary. In most cases, 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.

D. Use of words and phrases. Words and phrases not specifically defined shall be construed according to the context and approved usage of the language. (Ord. 7670-NS1 § 1, 2019: Ord. 4863-NS § 2, 1976: Ord. 1914-NS § 2, 1935)

1The following voter-approved ordinances are not subject to the council-approved ordinance to remove gender-specific pronouns from the municipal code: 4412-NS, 4640-NS, 4642-NS, 4644-NS, 4700-NS, 4701-NS, 4733-NS, 4734-NS, 4779-NS, 4780-NS, 4945-NS, 4946-NS, 4947-NS, 4948-NS, 4977-NS, 4978-NS, 5109-NS, 5137-NS, 5261-NS, 5262-NS, 5328-NS, 5467-NS, 5503-NS, 5506-NS, 5625B-NS, 5625A-NS, 5784-NS, 5785-NS, 5786-NS, 5788-NS, 5789-NS, 5872-NS, 5894-NS, 5895-NS, 6008-NS, 6163-NS, 6353-NS, 6354-NS, 6355-NS, 6373-NS, 6468-NS, 6597-NS, 6598-NS, 6599-NS, 6600-NS, 6602-NS, 6722-NS, 6832-NS, 6833-NS, 7067-NS, 7068-NS, 7161-NS, 7388-NS, 7389-NS, 7523-NS, 7524-NS, 7525-NS, 7636-NS and 7637-NS.

The following ordinances are not subject to the council-approved ordinance to remove gender-specific pronouns from the municipal code because the gender-specific terms are essential to the meaning and enforcement of its provisions: 7054-NS, 7262-NS, 6879-NS, 6139-NS, 6198-NS, 6612-NS, 6656-NS, 6769-NS, 6782-NS, 6785-NS, 6873-NS, 6896-NS, 6785-NS, 6139-NS, 6873-NS, 6782-NS, 7280-NS, 7224-NS, 7280-NS, 5341-NS and 5842-NS.

Whenever in the ordinances of the City any act or omission is made unlawful, it shall include causing, allowing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission. (Ord. 4863-NS § 3, 1976; Ord. 1914-NS § 3, 1935)

Every ordinance shall take effect as set forth in Section 93 of the Charter of the City of Berkeley. (Ord. 4863-NS § 4, 1976; Ord. 1914-NS § 4, 1935)

No ordinance or part of an ordinance repealed by another ordinance shall be revived by the repeal of the repealing ordinance, unless express provision otherwise is made. (Ord. 4863-NS § 5, 1976; Ord. 1914-NS § 5, 1935)

The repeal of an ordinance shall not release or extinguish any penalty, forfeiture, liability, obligation or right incurred under such ordinance, and for the purpose of sustaining any proper action, prosecution or proceeding for the enforcement of such penalty, forfeiture, liability, obligation or right, said ordinance shall be deemed to remain in full force and effect. (Ord. 4863-NS § 6, 1976; Ord. 1914-NS § 6, 1935)

A. Notwithstanding any other provision to the contrary in any City of Berkeley ordinance or resolution, the time limits established by any City of Berkeley ordinance or resolution for City Council or board or commission action on any matter are deemed to be tolled during the period between the commencement of the City Council’s August recess or any other recess which is specifically declared by the City Council to and through the day before the next regularly scheduled City Council or board or commission meeting following any such recess.

B. The tolling provisions of this section shall not be applicable to any deadlines applicable to the City of Berkeley which are imposed by state or federal law, if the tolling provisions of this section are preempted by such state or federal law. (Ord. 5792-NS §§ 1, 2, 1987)

A. Notwithstanding any other provision of law, if the last day for the performance of any act provided for or required by this code shall fall on a non-business day, the act may be performed upon the next business day with the same effect as if it had been performed upon the day appointed.

B. As used in this section, "non-business" days include Saturdays, Sundays and holidays established by the City of Berkeley. (Ord. 7136-NS § 1, 2010; Ord. 6779-NS § 1, 2003; Ord. 6511-NS § 1, 1999)