Blue Lake Municipal Code Ch. 1.08 General Provisions

Unless the provisions of the context otherwise specify, the general provisions, rules of construction, and definitions set forth in this chapter 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.

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

All persons who, at the time this Code takes effect, hold office under any of the ordinances repealed by this Code, which offices are continued by this Code, shall continue to hold them according to their former tenure.

The catchlines of the several sections of this Code are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of such sections, nor as any part of the section, nor unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted.

Chapter, article and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any chapter, article or section hereof.

"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.

The following public place in the City is hereby designated as the place for posting public notices in accordance with Section 54954.2 of the Government Code of the state: the bulletin board at the main entrance of the City Hall.

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.

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.

Whenever a notice is required to be given under this Code, unless different provisions 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 a t his 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.

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 18 years, which affidavit shows service in conformity with this Code or other provisions of law applicable to the subject matter concerned.

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.

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:

"City"

means the City of Blue Lake, 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.

"Council"

means the City Council of the City of Blue Lake. "All its members" or "all councilmembers" means the total number of councilmembers holding office.

"County"

means the County of Humboldt.

"Fiscal year"

means from July 1 of any given year through June 30 the following year.

"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, unless the context expressly provides otherwise.

"Must" and "shall"

are each mandatory.

"Number"

the singular number shall include the plural and the plural number shall include the singular.

"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.

"State"

means the State of California.

"Street"

includes all streets, highways, avenues, lanes, 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.

All words and phrases shall be construed according to their common and approved usage. Notwithstanding the foregoing, words and phrases that have acquired a technical or peculiar meaning shall be construed and understood according to such technical or peculiar meaning.

The following grammatical rule shall apply in the ordinances of the City unless it is apparent from the context that a different construction is intended:

Gender. Each gender includes the masculine, feminine and neutral genders.

Singular and Plural. The singular number includes the plural and the plural includes the singular.

Tenses. Words used in the present tense include the past and the future tenses and vice versa, unless manifestly inapplicable.

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.

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.

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.

The repeal of an ordinance shall not repeal the repealing clause of an ordinance or revive any ordinance which has been repealed thereby.

Whenever in this Code or in any other ordinance of the City or in any rule or regulation promulgated pursuant thereto any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or the doing of any act is required or the failure to do any act is declared to be unlawful or an offense or a misdemeanor, where no specific penalty is provided therefor, the violation of any such provision of this Code or any other ordinance of the City or any such rule or regulation shall be punished by a fine not exceeding one thousand dollars or imprisonment for a term not exceeding six months, or by both such fine and imprisonment. Such violations may also be redressed by civil action or any other remedy provided for in this Code.

Except as otherwise specified in this Code, every day any violation of this Code or any other ordinance of the City or any such rule or regulation shall continue shall constitute a separate offense.

In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this Code shall be deemed a public nuisance and may be, by this City, summarily abated, and a new and separate offense shall be deemed to exist each day such condition continues.

Whenever in this Code any act or omission is made unlawful, it shall include causing, permitting, aiding, abetting, suffering or concealing the fact of such act or omission.

The provisions of this Code and other ordinances which declare certain crimes to be punishable as therein mentioned devolve a duty upon the court authorized to pass sentence to determine and impose the punishment prescribed.

Whenever in this Code or other City ordinances, the punishment for a crime is left undetermined between certain limits, the punishment to be inflicted in a particular case shall be determined by the court authorized to pass sentence, within such limits as may be prescribed by this Code.

Every person found guilty of violating any of the provisions of this Code or any other City ordinance and sentenced to imprisonment shall be imprisoned in the county jail.

If any person is arrested for the violation of any provision of this Code or any ordinance of the City and such person is not immediately taken before a magistrate as prescribed in the Penal Code of the state, the arresting officer shall prepare in duplicate a written notice to appear in court, containing the name and address of such person, the offense charged, and the time and place where and when such person shall appear in court.

Any person willfully violating his or her written promise to appear in court is guilty of a separate violation of this Code, regardless of the disposition of the charge upon which he or she was originally arrested.

When a person signs a written promise to appear at the time and place specified in the written promise to appear and has not posted bail as provided in Section 853.1 of the Penal Code of the state, the judicial officer shall issue and have delivered for execution a warrant for his or her arrest within 20 days after his or her failure to appear as promised.