Calabasas Municipal Code Ch. 1.08 Definitions

A. In the construction of this Code, and of all ordinances, the following rules shall be observed and the following definitions shall apply unless such construction would be inconsistent with the manifest intent of the governing body.

B. The provisions of this Code shall be liberally construed to effect the purposes expressed therein or implied from the expression thereof. Words and phrases shall be construed and understood according to their common and usual meaning unless the contrary is clearly indicated. 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. 95-100 § 2 (part), 1995)

The following words and phrases, whenever used in the ordinances of the City of Calabasas, 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:

"Business day" means a day when Calabasas City Hall is open for business.

"City" means the City of Calabasas, 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.

"City manager" means the duly appointed and acting city manager of the city.

"Council" means the city council of the city. "All its members" or "all council-members" mean the total number of councilmembers holding office.

"County" means the county of Los Angeles.

"Day" means calendar day, unless otherwise expressly stated.

"Highway" means any street, alley, highway, avenue or public place or square, bridge, viaduct, tunnel, underpass, overpass and causeway in the city, dedicated or devoted to public use.

"Law" means 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.

"May not" means a mandatory negative effect and states a prohibition.

"Month" means a calendar month.

"Must" and "shall" are each mandatory.

"Oath" means 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."

"Owner," applied to a building, land, or real property, means any part owner, joint owner, occupant, person exercising control of real property or a portion thereof, tenant in common, joint tenant, tenant by the entirety, of the whole or a part of such building or land.

"Person" means a natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, trustees, receivers, other entity, organization, or the manager, lessee, agent, servant, officer or employee of any of them and any combination of any of the foregoing.

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

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

"Property" means real and personal property.

"Real property" means lands, tenements and hereditaments.

"Roadway" means that portion of a street improved, designed or ordinarily used for vehicular traffic.

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

"State" means the state of California.

"Street" means and includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs, or other public ways in the city which have been or may hereinafter be dedicated and open to public use, or such other public property so designated in any law of this state.

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

"Week" means seven days; but publication in a newspaper of any notice or other matter indicated to be for a stated number of weeks shall be construed to mean one insertion in each week, unless specifically stated to be for each day of the week or for more than one day in each week.

"Written" means printed, typewritten, mimeographed, multigraphed, or otherwise reproduced in permanent visible form.

"Year" means a calendar year.

(Ord. 2005-213 § 1, 2005; Ord. 2005-201 §§ 1, 2, 2005; Ord. 95-100 § 2 (part), 1995)

The following grammatical rules shall apply in the ordinances of the city 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. 95-100 § 2 (part), 1995)

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. 95-100 § 2 (part), 1995)

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

(Ord. 95-100 § 2 (part), 1995)

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. 95-100 § 2 (part), 1995)

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

(Ord. 95-100 § 2 (part), 1995)

The provisions appearing in this Code, so far as they are the same as those of ordinances existing as the time of the effective date of this Code, shall be considered as continuances thereof and not as new enactments.

(Ord. 95-100 § 2 (part), 1995)

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

(Ord. 95-100 § 2 (part), 1995)

This code shall refer only to the omission or commission of acts 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.

(Ord. 95-100 § 2 (part), 1995)

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.

(Ord. 95-100 § 2 (part), 1995)

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.

(Ord. 95-100 § 2 (part), 1995)

Wherever this Code requires a cash deposit for any purpose, a valid and sufficient corporate surety bond may be deposited in lieu thereof, if approved by the city manager and city attorney.

(Ord. 95-100 § 2 (part), 1995)

Wherever this Code requires a corporate surety bond for any purpose, a cash deposit in lieu thereof may be made with the city treasurer.

(Ord. 95-100 § 2 (part), 1995)

Whenever a notice is required to be given under this Code, unless a contrary provision is 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, or postal card, postage prepaid, addressed to such person to be notified at his or her 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 postal service.

(Ord. 95-100 § 2 (part), 1995)