El Cerrito Municipal Code Ch. 1.04 General Provisions

Footnotes:

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Prior ordinance history: Prior code Sections 1100—1102, 1900—1203, 1305, 1313, 1503 and Ordinance No. 316 N.S.

The following words and phrases whenever used in the El Cerrito Municipal Code, shall be construed as defined in this section unless a different meaning is intended from the context or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases:

A. "City" means the city of El Cerrito, California, or the area within the territorial limits of the city of El Cerrito, California, and such territory outside of the city over which the city has jurisdiction or control by virtue of any constitutional or statutory provision. The term "city" may also be construed from the context to mean its governing body.

B. "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.

C. "Council" means the city council. "All its members" or "all council members" means the total number of council members provided by the general laws of the state of California.

D. "County" means the county of Contra Costa, California.

E. "Law" denotes applicable federal law, the constitution and statutes of the state, the ordinances of the city, and any and all rules and regulations which may be promulgated thereunder.

F. "May" is permissive.

G. "Month" or "monthly" means a calendar month.

H. "Must" and "shall": each is mandatory.

I. "Oath" shall 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."

J. "Ordinance" means a law of the city, including all sections of this municipal code. A law may be in the form of a resolution.

K. "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.

L. "Person" means natural person, association, business, club, company, corporation, estate, firm, joint stock company, joint venture, organization, partnership, receiver, or trust; or the manager, lessee, agent, servant, officer, trustee, or employee of any of them.

M. "Personal property" includes money, goods, chattels, rights of action and evidences of debt.

N. "Property" includes real and personal property.

O. "Real property" includes hereditaments, lands, and all appurtenances to lands as buildings, plants, mineral rights, and tenements.

P. "Resolution" means a statement of policy by the council.

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

R. "State" means the state of California.

S. "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.

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

U. "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, unless otherwise designated.

V. "Written" includes handwritten or machine printed information.

W. "Year" means a calendar year.

(Ord. 89-4 (part), 1989: Ord. 345 N.S. § 1, 1974: prior code §§ 1303 and 1304.)

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

A. Gender. The masculine gender includes the feminine and neuter genders. The feminine gender includes the masculine and neuter genders.

B. Singular and Plural. The singular 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.

D. Use of Words and Phrases. All words and phrases not specifically defined shall be construed according to the context and to the common and approved usage of the language. Technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed according to such peculiar and appropriate meaning.

(Ord. 89-4 (part), 1989: Ord. 345 N.S. § 2, 1974: prior code §§ 1306, 1307, 1308 and 1309.)

When an act is required by an ordinance and when that act 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. 89-4 (part), 1989.)

This code shall not affect deposits or other matters of record which refer to, or are otherwise connected with ordinances which are therein specially designated by number or otherwise and which are included in the code; but such references shall be construed to apply to the corresponding provisions of the code.

(Ord. 89-4 (part), l989: prior code § 1204.)

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. 89-4 (part), 1989: Ord. 345 N.S. § 4, 1974: prior code § 1300.)

Title, chapter and section headings contained herein shall not govern, limit, modify, or affect the scope, meaning, or intent of the provisions of this code.

(Ord. 89-4 (part), 1989: prior code § 1301.)

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 this 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. 89-4 (part), 1989: prior code § 1302.)

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. 89-4 (part), 1989: Ord. 345 N.S. § 3, 1974: prior code § 1310.)

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

(Ord. 89-4 (part), 1989: Ord. 345 N.S. § 5, 1974.)

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 or designee of such officer or employee or by a person otherwise duly authorized pursuant to law or ordinance, unless this expressly provides otherwise.

(Ord. 89-4 (part), 1989: prior code § 1311.)

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

(Ord. 89-4 (part), 1989: prior code § 1312.)

Whenever a notice is required to be given under this code, unless different provisions are otherwise specifically made in the code, such notice shall be given either by personal delivery thereof to the person to be notified, or by "Mailgram" or by deposit in the United States mail in a sealed envelope, postage prepaid, addressed to such person to be notified at the person's last known business or residence address as the same appears in the public records pertaining to the matter to which such notice is directed. Service by mail shall be deemed completed at the time of deposit in the post office.

(Ord. 89-4 (part), 1989: prior code § 1500.)

Proof of giving any notice may be made by affidavit or certificate of any employee of this city or of any person over the age of eighteen years, which shows service in conformity with this code or other provisions of law applicable to the subject matter concerned.

(Ord. 89-4 (part), 1989: prior code § 1501.)

The city clerk may maintain this code in computer readable, electronic format. Copies taken from that format shall be made available to the council, the public, and city officers within fifteen days of council action. At appropriate intervals, backup copies shall be made of the entire code by the city clerk which shall be safely stored for contingency purposes at some other remote city location.

Transcription errors shall not change in any way any ordinance as adopted or its intent.

Not less than three copies of this code, duly certified to by the city clerk, shall be maintained for use by the public in the office of the city clerk. Upon adoption of any amendment or addition to this code, or upon repeal of any of its provisions, the city clerk shall certify thereto within fifteen days and shall make an appropriate notation in the volumes of said code of the taking of such action, noting thereon the section number of ordinances to which such action applies. Copies of every ordinance making changes in this code shall be filed in the office of the city clerk in books for such purpose, indexed for ready reference.

(Ord. 89-4 (part), 1989: prior code § 1502.)