El Monte Municipal Code Ch. 1.04 General Provisions

Unless the provisions of the context otherwise require, these general provisions, rules of construction and definitions shall govern the construction of this code. The provisions of this code and all proceedings under it are to be construed with a view to effect its objects and to promote justice.

(Prior code § 1300 (part))

Title, article, chapter and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any title, article, chapter or section hereof. (Amended during 1999 recodification; 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 the 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.

(Prior code § 1302 (part))

Whenever in this code any act or omission is made unlawful, it shall include causing, permitting, aiding, abetting, suffering or concealing such act or omission.

(Prior code § 1303 (part))

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

(Prior code § 1304)

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.

(Prior code § 1305)

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

(Prior code § 1306 (part))

Whenever a notice is required to be given under this code, unless different provisions herein are otherwise specifically made, such notice may be given either by personal delivery thereof to the person to be notified, or by deposit thereof in the custody of the United States Postal Service or its lawful successor, in a sealed envelope, postage prepaid, addressed to such person to he notified, at his or her last known business or residence address as the same appears in the public records of the city or other records pertaining to the matter to which such notice is directed. Service shall be deemed given as of the time of personal service or two (2) consecutive calendar days following the deposit of the same in the custody of the United State Postal Service. (Amended during 1999 recodification; prior code § 1307 (part))

Proof of giving any notice may be made by the certificate of any officer or employee of the city, or by affidavit of any person over the age of eighteen (18) years, which shows service in conformity with this code, or other provisions of law applicable to the subject matter concerned.

(Prior code § 1308)

The present tense includes the past and future tenses, and the future, the present.

(Prior code § 1309 (part))

The masculine gender includes the feminine and neuter.

(Prior code § 1310 (part))

The singular number includes the plural, and the plural, the singular.

(Prior code § 1311 (part))

The following words and phrases shall be defined for the purposes of this code as set forth below unless the context clearly requires a different interpretation:

1. "Chief of Police" means the Chief of the Police Department of the city.

2. "City" means the city of El Monte.

3. "City Administrator" means the appointed official of the city who occupies the position of the chief administrative officer of the city.

4. "Council" means the City Council of this city.

5. "County" means the county of Los Angeles.

6. "Fire Chief" means the Chief of the Fire Department of Los Angeles County.

7. "Goods" means and includes wares or merchandise.

8. "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.

9. "Month" means a calendar month.

10. Must, Shall and May. "Must" and "shall" are mandatory, and "may" is permissive.

11. "Oath" means and includes affirmation.

12. Office. The use of the title of any officer, employee, office or ordinance means such officer, employee, office or ordinance, respectively, of the city.

13. "Operate" means and includes carry on, keep, conduct or maintain.

14. "Ordinance" means ordinance of the city.

15. "Owner," applied to a building or land, means and includes any part owner, joint owner, tenant, tenant in common or joint tenant of the whole or a part of such building or land.

16. "Person" means and includes a natural person, any legal entity and unincorporated organization.

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

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

19. "Property" means and includes real and personal property.

20. "Real property" means and includes lands, tenements and hereditaments.

21. "Sale" means and includes any sale, exchange, barter or offer for sale.

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

23. "State" means the state of California.

24. "Street" means and includes all streets, highways, avenues, lanes, alleys, courts, places, squares, sidewalks, parkways, 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.

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

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

27. "Year" means a calendar year.

(Ord. 2599 § 1, 2003; amended during 1999 recodification; prior code § 1312—1329 (part))

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 1999 recodification)

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 1999 recodification)

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 1999 recodification)

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 1999 recodification)