Bradbury Municipal Code Ch. 2 Rules of Construction

Unless the provisions of the context otherwise require, the general provisions, rules of construction and definitions 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 affect its objects and to promote justice.

(Prior Code, § 1200)

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

(Prior Code, § 1202)

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

(Prior Code, § 1203)

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, § 1204)

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, § 1205)

State Law reference— Similar provision, Government Code § 8.

Whenever a reference is made to any portion of this Code, or to any ordinances of the City, the reference applies to all amendments and additions now or hereafter made.

(Prior Code, § 1206)

Whenever a notice is required to be given under this Code, unless different provisions herein are otherwise specifically made, 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 such person's 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, § 1207)

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

(Prior Code, § 1208)

(a) The present tense includes the past and future tenses, and the future, the present.

(b) The masculine gender includes the feminine.

(c) The singular number includes the plural, and the plural, the singular.

(Prior Code, § 1209)

The following words, terms and phrases, when used in this Code, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Administrative Officer or City Manager means the appointed official of the City who occupies the position as the chief administrative officer of the City.

Chief of Police means the Sheriff's Department of the County of Los Angeles, so long as the City contracts with the County for municipal police services, or, if the City contracts with another jurisdiction for police services, the Chief of Police of that jurisdiction.

City means the City of Bradbury.

Council means the City Council of the City of Bradbury.

County means the County of Los Angeles.

Goods includes wares or merchandise.

Oath includes affirmation.

Operate includes carry on, keep, conduct or maintain.

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, association, organization, partnership, business trust, company, or corporation and any municipal, political or governmental corporation, district, body or agency, other than the City.

Sale includes any sale, exchange, barter or offer for sale.

Shall, may. The term "shall" is mandatory and the term "may" is permissive.

State means the State of California.

Street includes all public thoroughfares, highways, avenues, lanes, alleys, courts, places, squares and other public ways which have been dedicated or are open to public use, including sidewalks, parkways and curbs, and such other public property so designated by State law.

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.

Title. The use of the title of any officer, employee, office or ordinance means such officer, employee, office or ordinance of the City.

(Prior Code, § 1210)

The City Council may contract with the County pursuant to State law and the County Charter, for the performance and execution by designated County officials of the rights, powers and duties of officers, officials and employees of the City. Whenever in this Code, whether set forth in full or by adoption by reference, any power or authority is granted to an officer, official or employee, such power or authority is conferred upon the appropriate officer, official or employee of the City, or if none, by the appropriate officer, official or employee of the County whose service on behalf of the City is provided for by a contract with the County, or their respective designee.

(Prior Code, § 1211; Ord. No. 324, § 2, 7-17-2012)

Generally. All general provisions, terms, phrases and expressions contained in this Code shall be liberally construed in order that the true intent and meaning of the City Council may be fully carried out. In the interpretation and application of any provisions of this Code, they shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision of the Code imposes greater restrictions upon the subject matter than another more general provision imposed by the Code or other law, the provision imposing the greater restriction or regulation shall be controlling.

California Codes. Any reference to the codified statutes of the State, including, but not limited to, Business and Professions Code, Civil Code, Code of Civil Procedure, Commercial Code, Corporations Code, Education Code, Elections Code, Evidence Code, Family Code, Financial Code, Fish and Game Code, Food and Agricultural Code, Government Code, Harbors and Navigation Code, Health and Safety Code, Insurance Code, Labor Code, Military and Veterans Code, Penal Code, Probate Code, Public Contracts Code, Public Resources Code, Public Utilities Code, Revenue and Taxation Code, Streets and Highways Code, Unemployment Insurance Code, Vehicle Code, Water Code, or Welfare and Institutions Code, are to such codes as adopted and now or hereafter amended. Any reference to a State law or State act by title is to such law or act as amended.

Chief of Police. For the performance of police functions within the City, the term "Chief of Police," as used in this Code, shall mean the Sheriff's Department of the County of Los Angeles.

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.

State Law reference— Similar provisions, Government Code § 6800.

Conjunctions. In a provision involving two or more items, conditions, provisions or events, which items, conditions, provisions or events are connected by the conjunction "and," "or" or "either … or," the conjunction shall be interpreted as follows, except that in appropriate cases the terms "or" and "and" are interchangeable:

(1) "And" indicates that all the connected terms, conditions, provisions or events apply.

(2) "Or" indicates that the connected terms, conditions, provisions or events apply singly or in any combination.

(3) "Either … or" indicates that the connected terms, conditions, provisions or events apply singly but not in combination.

Day. The period of time between any 12:00 midnight and the 12:00 midnight following.

State Law reference— Similar provision, Government Code § 6806.

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 term "month" means a calendar month.

State Law reference— Similar provision, Government Code § 6804.

Must. The term "must" is to be construed as being mandatory.

Officers, departments, etc. Officers, departments, boards, commissions and employees referred to shall mean officers, departments, boards, commissions and employees of the City of Bradbury, California, unless the context clearly indicates otherwise.

Signature or subscription by mark. The term "signature" or "subscription by mark" 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 the witness' 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.

Week. A week consists of seven consecutive days.

State Law reference— Similar provision, Government Code § 6805.