Cupertino Municipal Code Ch. 1.04 General Provisions

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 different meaning is specifically defined and more particularly directed to the use of the words or phrases.

1. "City" means the City of Cupertino, California, or the area within the territorial limits of the City of Cupertino, California, and such territory outside of the city over which the city has jurisdiction or control by virtue of any constitutional or statutory provision.

2. "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 is Sunday or a legal holiday, that day shall be excluded.

3. "Council" means the City Council of the City of Cupertino, California. "All its members" or "all Councilpersons" means the total number of Councilpersons provided by the general laws of the State of California.

4. "County" means the County of Santa Clara, California.

5. "Law" means applicable federal law, the constitution and statutes of the State of California, the ordinances of the City of Cupertino and, when appropriate, any and all rules and regulations which may be promulgated thereunder.

6. "May" means the act referred to is permissive.

7. "Month" means a calendar month.

8. "Must" and "Shall" means mandatory.

9. "Oath" means 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."

10. "Or" may be read "and" and "and" may be read "or" if the sense requires it.

11. "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.

12. "Owner" when 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 the building or land.

13. "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.

14. "Personal Property" means and includes money, goods, chattels, things in action and evidences of debt.

15. "Preceding" and "Following" means next before and next after, respectively.

16. "Property" includes real and personal property.

17. "Real Property" includes lands, tenements and hereditaments.

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

19. "State" means the State of California.

20. "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.

21. "Tenant" and "Occupant" applied to a building or land, includes any person who occupies whole or a part of the building or land, whether alone or with others.

22. "Title of Office" means the use of the title of any officer, employee, board or commission means that officer, employee, department, board or commission of the city.

23. "Written" includes printed, typewritten, mimeographed or multi-graphed.

24. "Year" means a calendar year.

25. 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 peculiar and appropriate meaning.

(Ord. 20-2203, § 1, 2020; Ord. 1697, (part), 1995; Ord. 599, § 1, 1973)

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

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.

(Ord. 20-2203, § 1, 2020; Ord. 1697, (part), 1995; Ord. 599, § 1, 1973)

Violations of ordinances of the city are subject to administrative, civil, and criminal remedies available under state law and the Cupertino Municipal Code, which at the discretion of the city may be pursued concurrently, including without limitation to fines, penalties, abatement orders and other administrative, civil or criminal remedies provided in the following chapters: Chapter 1.08, Right of Entry for Inspection, Chapter 1.09, Nuisance Abatement, Chapter 1.10 Administrative Citations, Fines and Penalties, and Chapter 1.12, General Penalty and Criminal Enforcement, of the Cupertino Municipal Code.

(Ord. 20-2203, § 1, 2020)

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 the act or omission.

(Ord. 20-2203, § 1, 2020; Ord. 1697, (part), 1995; Ord. 599, § 1, 1973)

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.

(Ord. 20-2203, § 1, 2020; Ord. 1697, (part), 1995; Ord. 599, § 1, 1973)

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

(Ord. 20-2203, § 1, 2020; Ord. 1697, (part), 1995; Ord. 599, § 1, 1973)