Del Rey Oaks Municipal Code Ch. 1.04 General Provisions

The following words and phrases, whenever used in the ordinances of the city of Del Rey Oaks, 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:

City means the city of Del Rey Oaks, 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.

Council means the city council of the city of Del Rey Oaks. "All its members" or "all councilmembers means the total number of councilmembers holding office.

County means the county of Monterey.

Law denotes 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.

Month means a calendar month.

Must and shall are each mandatory.

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."

Owner, applied to a building or land, includes any part owner, joint owner, tenant in common, joint tenant, tenant by the entirety, of the whole or a part of such building or land.

Person includes 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.

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

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

Property includes real and personal property.

Real property includes lands, tenements and hereditaments.

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 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 this state.

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

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

Year means a calendar year.

(Added during 1995 codification)

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.

(Added during 1995 codification)

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.

(Added during 1995 codification)

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.

(Added during 1995 codification)

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.

(Added during 1995 codification)

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.

(Added during 1995 codification)

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.

(Added during 1995 codification)

The repeal of an ordinance shall not repeal the repealing clause of an ordinance or revive any ordinance which has been repealed thereby.

(Added during 1995 codification)

If any section, subsection, sentence, clause, phrase or portion of this code is for any reason held to be invalid or unconstitutional by decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this code. The city council declares that it would have adopted this code and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions of this code be declared invalid or unconstitutional.

(Added during 1995 codification)