Chowchilla Municipal Code Ch. 1.04 General Provisions

The following words and phrases, whenever used in the ordinances of the city of Chowchilla, 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 or phrases:

1. "Amendments" includes all amendments and additions now or hereafter made.

2. "City" means the city of Chowchilla, California.

3. "Code" means the code of the city of Chowchilla, California.

4. "Council" means the city council of the city of Chowchilla. "All its members" or "all councilmen" means the total number of councilmen holding office.

5. "County" means the county of Madera.

6. "Day" means the period of time between any midnight and the midnight following.

7. "Daytime" means the period of time between sunrise and sunset.

8. "Goods" includes wares or merchandise.

9. "In the city" includes all territory over which the city now has or hereafter acquires jurisdiction for the exercise of its police powers or other regulatory powers.

10. "Joint authority" means the stated authority is given to a majority of the three or more persons or officers.

11. "Law" denotes applicable federal law, the Constitution and statutes of the state of California, the ordinances of the city of Chowchilla, and, when appropriate, any and all rules and regulations which may be promulgated thereunder.

12. "May" is permissive.

13. "Month" means a calendar month.

14. "Must" and "shall" are each mandatory.

15. "Nighttime" means the period of time between sunset and sunrise.

16. "Oath" includes 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."

17. "Official time" means Pacific Standard Time or Daylight Saving Time, as may be in current use in the city.

18. "Operate" includes carry on, keep, conduct or maintain.

19. "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 part of such building or land.

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

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

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

23. "Process" includes a writ or summons issued in the course of judicial proceeding of either a civil or criminal nature.

24. "Property" includes real and personal property.

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

26. "Sale" includes the sale, exchange, barter or offer for sale.

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

28. "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 the witness who writes his own name near the signer's or subscriber's name; but a signature or subscription 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.

29. "State" means the state of California.

30. "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.

31. "Tenant" and "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.

32. "Week" means seven consecutive days.

33. "Writing" means and 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.

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

35. "Year" means a calendar year.

(Ord. 295-78 § 12 (part), 1978: prior code § 1-2)

The following grammatical rules shall apply in the ordinances of the city of Chowchilla 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 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. 295-78 § 12 (part), 1978: prior code § 1-2c)

All words and phrases shall be construed 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.

(Ord. 295-78 § l2 (part), 1978: prior code § 1-2b)

The provisions of the ordinances of the city of Chowchilla, and all proceedings under them, are to be construed with a view to effect their objects and to promote justice.

(Ord. 295-78 § 12 (part), 1978: prior code § 1-2g)

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

(Ord. 295-78 § 12 (part), 1978: prior code § 1-3)

Use of the title of any officer, employee, department, board or commission means that officer, employee, department, board or commission of the city of Chowchilla.

(Ord. 295-78 § 12 (part), 1978: prior code § 1-2a)

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 acts performed by an authorized agent.

(Ord. 295-78 § 12 (part), 1978: prior code § 1-2d)

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. 295-78 § 12 (part), 1978: prior code § 1-2f)

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. 295-78 § 12 (part), 1978: prior code § 1-2e)

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

(Ord. 295-78 § 12 (part), 1978: prior code § 1-2h)