Chico Municipal Code Ch. 1.04 General Provisions

The following words and phrases whenever used in the ordinances of the city of Chico, California, 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 and phrases:

A. “City” means the city of Chico, California, or the area within the territorial limits of

the city of Chico, California, and such territory outside of the city over which the city has jurisdiction or control by virtue of any constitutional or statutory provision.

B. “Clerk” means the city clerk of the city.

C. “Code,” “the code,” “this code,” “the city code” or “the Chico City Code” shall mean the “Chico Municipal Code” as published by Book Publishing Company in 1975. References to the code for purposes of citation may be “CMC” followed by the applicable code section.

D. “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.

E. “Council” means the council of the City of Chico, California. “All its members” or “all council members” or “councilmembers” means the total number of council members or councilmembers provided by the charter of the city.

F. “County” means the county of Butte.

G. “Day” means the period of time between any midnight and the midnight following.

H. “Daytime,” “Nighttime.” “Daytime” is the period of time between sunset and sunrise. “Nighttime” is the period of time between sunset and sunrise.

I. “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.

J. “Law” denotes applicable federal law, the Constitution and statutes of the state of California.

J-1. “Housing unit” means a house, apartment, group of rooms or a single room occupied or intended for occupancy as separate living quarters in which the occupants or intended occupants do not live and eat with any other persons in the structure and which have either:

1. Direct access from the outside of the building or through a common hall, or

2. Complete kitchen facilities for the exclusive use of the occupants or intended occupants.

K. “License or permit - Words authorizing issuance.” Words prohibiting anything from being done, except in accordance with a license or permit, or authority from a board or officer, shall be construed as giving such board or officer power to license or permit or authorize such thing to be done.

L. “May” is permissive.

M. “Month” means a calendar month.

N. “Must” and “shall.” Each is mandatory.

O. “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.”

P. “Officers, Departments, Boards, Commissions, and Employees” shall mean officers, departments, boards, commissions, and employees of the city, unless the context clearly indicates otherwise.

Q. “Or” may be read “and” and “and” may be read “or” if the sense requires it.

R. “Ordinance” means a law of the city; provided that a temporary or special law, administrative action, order or directive, may be in the form of a resolution. Reference to any non-codified city ordinance for citation purposes may be “CC Ord.” preceded by the section number, if any, and followed by the ordinance number.

S. “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.

T. “Parks and playgrounds” means the public lands placed by the Charter or hereafter placed by the city council under the charge of the Bidwell Park and Playground commission, and those parts of public squares and places which do not form traveled parts of highways.

U. “Person” means 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.

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

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

X. “Process” means a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature.

Y. “Property” includes real and personal property.

Z. “Real property” includes lands, tenements and hereditaments.

AA. “Sidewalk” means that portion of a street between the curb line (in the absence of a curb line, the curb line shall be deemed to be that as established by and shown in the records of the department of public works of the city) and the adjacent property line intended for the use of pedestrians.

BB. “Signature or subscription by mark” means 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 his own name near the signer 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.

CC. “State” means the state of California.

DD. “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.

EE. “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.

FF. “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.

GG. “Week.” A week consists of seven consecutive days.

HH. “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.

II. “Written” includes printed, typewritten, mimeographed or multigraphed.

JJ. “Year” means a calendar year.

KK. 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.

LL. When an act is required by an ordinance the same being that it may be done as well as an agent as by the principal, such requirement shall be construed as to include all such acts performed by an authorized agent.

(Prior code § 1.2 (Ord. 224 §3, Ord. 1073 §2, Ord. 1111 §2, Ord. 1193 §1), Ord. 2268, Ord. 2364 §1, Ord. 2439 §6)

The following grammatical rules shall apply in the ordinances of the city of Chico, California:

A. Gender. Any gender includes the other 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.

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.

(Prior code §1.2-1 (Ord. 1073 §2))

The definitions set forth in Section 1.04.010 and the grammatical interpretation provisions set forth in Section 1.04.020 of this chapter shall apply to all other rules, regulations, procedures, fee schedules and the like, adopted or established pursuant to the provisions of this code, unless from the context a different meaning is intended or unless a different meaning is specifically defined in such rules, regulations, procedures, fee schedules and the like.

(Ord. 1193 §2)

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.

(Prior code §1.2-2 (Ord. 1073 §2), Ord. 2268)

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.

(Prior code §1.2-3 (Ord. 1073 §2), Ord. 2268)

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

B. The repeal of an ordinance or any part thereof shall not effect any punishment or penalty incurred, levied or otherwise ordered before the repeal took effect.

C. The repeal of an ordinance or any part thereof, if the violation thereof constitutes a misdemeanor under this code, shall not affect any prosecution for a violation thereof occurring prior to the effective date of the repeal.

D. The repeal of an ordinance or any part thereof or the amendment thereof which has the effect of changing the grounds, conditions, or other criteria upon which any act is authorized or not authorized under this code, shall not affect any determination finally made by the council, commission or other body authorized hereunder to authorize or not authorize such act, provided that such final determination occurs before the effective date of such repeal or amendment, notwithstanding that the final determination of such body is not final by reason of the existence of the right of appeal or other review under this code, the proceedings of which are pending at the time of the effective date of such repeal or amendment. It is intended that this provision be interpreted so that all appeals or other reviews of determinations made under this code shall be conducted with respect to the law applicable at the time of the determination appealed from without reference to subsequent repeals of or amendments to the provisions under which the determinations were made. Nothing herein shall prohibit a reconsideration of the determination by the determining body pursuant to the law applicable subsequent to the effectiveness of such repeal or amendment where a reconsideration is directed by the body considering the appeal or review upon grounds other than the subsequent effectiveness of the ordinance repealing or amending the provisions under which the determination was originally made.

(Prior code § 1.4 (Ord. 224 §3, Ord. 1073 §2))

Whenever certain hours are named herein, they shall mean Pacific Standard Time or Daylight Saving Time as may be in current use in the city.

(Prior code §1.6)

A. The following provisions regarding the time of receipt apply to all notices or other documents filed with or delivered to the city on or before a specified date as required by this code.

1. Notices or other documents filed or delivered by mail, registered mail, certified mail, or express mail shall be sent through the United States Postal Service or other express mail service, in a sealed envelope, with appropriate postage paid, and addressed to the city. Notices or other documents shall be deemed received by the city on the date that they are actually received by the city. Postmarks or cancellation marks shall not be used to determine the time of receipt by the city.

2. Notices or other documents filed or delivered by electronic mail shall be deemed received by the city at the time of transmission as electronically stamped by the electronic mail system maintained by the city.

3. Notices or other documents filed or delivered by facsimile transmission shall be deemed received by the city at the time of transmission as electronically stamped by a facsimile machine maintained by the city.

B. The following provisions regarding the time of receipt apply to all payments made or delivered to the city on or before a specified date as required by this code.

1. All payments to be made to the city as required by this code shall be delivered personally, by mail, or by electronic payment to the city on or before the specified payment due date. Payments delivered by mail, registered mail, certified mail, or express mail shall be sent through the United States Postal Service or other express mail service, in a sealed envelope, with appropriate postage paid, and addressed to the city. Payments delivered electronically shall be deemed received by the city at the time of transmission as electronically stamped by the electronic payment system maintained by the city.

2. Payments shall be deemed received by the city on the date that payments are actually received by the city. Postmarks or postal cancellation marks shall not be used to determine the time of receipt by the city, except for payments for parking citations issued pursuant to this code.

(Prior code §1.6-1 (Ord. 879 §1, Ord. 2113 §1) Ord. 2295 §2)

All meetings of the city council shall be held in the Council Chamber Building located on the block bounded by East Fourth Street, East Fifth Street, Main Street and Wall Street, or in such other place to which any such meeting may be adjourned.

(Ord. 1224 §2)

Except as otherwise provided in this code, any notice required to be served on a person pursuant to the provisions of this code shall be deemed served when made in writing and either personally delivered to such person or deposited in the United States mail, first class postage prepaid, addressed to such person at the person’s last known address. However, when a notice is required to be served on the owner of property or any other premises located within the city, such notice shall be deemed served when made in writing and deposited in the United States mail, first class postage prepaid, addressed to the owner at the owner’s address as it appears on the last equalized or supplemental assessment roll of the County of Butte. Service of a notice by mail in the manner provided for by this section shall be effective on the date of mailing. The failure of any person to actually receive such notice shall not affect the validity of the notice.

(Ord. 1983, Ord. 2268)

Any person who intentionally supplies false information on or incidental to an application for any city permit, grant, or entitlement shall be guilty of an infraction punishable by a fine of not more than $1,000,00.

(Ord. 1983, Ord. 2048 §3)

A separate offense is committed for each and every transaction, event, or occurrence in violation of any regulatory or prohibitory provision of this code. A separate offense is committed for each and every day or part of a day during which any such violation is caused, committed, continued, or permitted. Each offense is punishable separately from every other offense.

(Ord. 2180 §2)

A violation of any regulatory or prohibitory provision of this code is an infraction, unless such provision shall otherwise provide that it is a misdemeanor, and each violation is punishable as set forth in the Charter of the City of Chico. A criminal prosecution for any violation of this code may be initiated immediately upon the occurrence of the violation and the use of any other civil or administrative remedy, review or appeal procedure which may otherwise be provided for in this code shall not be considered a prerequisite for the initiation of such criminal prosecution. The criminal prosecution of any violation of this code does not preclude the city from the further initiation of any other civil or administrative proceeding which may be available as a remedy for such violation.

(Ord. 2069; Ord. 2113 §7; Ord. 2180 §3)