El Segundo Municipal Code Ch. 1 Code Adoption; Definitions

That certain document entitled, "El Segundo City Code", three (3) copies of which have been filed and are on file in the office of the City Clerk for public inspection, together with the secondary codes therein adopted by reference, is hereby adopted as a comprehensive ordinance code for the City, pursuant to the provisions of the California Government Code sections 50022.1 through 50022.10. Each and all of the provisions, terms and penalties of this Code on file in the office of the City Clerk are hereby referred to, adopted, incorporated herein, and hereby made a part hereof as though fully set forth in this Chapter. (Ord. 715, 4-28-1969)

This Code shall be known as the EL SEGUNDO CITY CODE and it shall be sufficient to refer to this Code as the "El Segundo City Code" in any prosecution for the violation of any provision thereof or in any proceeding at law or equity. It shall also be sufficient to designate any ordinance adding to, amending, correcting or repealing all or any part or portion thereof as an addition to, amendment to, correction of, or repeal of the "El Segundo City Code". Further reference may be had to the titles, chapters, sections and subsections of the "El Segundo City Code" and such reference shall apply to that numbered title, chapter, section or subsection as it appears in this Code. (Ord. 715, 4-28-1969)

Whenever a reference is made to this Code as the "El Segundo City Code" or to any portion thereof, or to any ordinance of the City, the reference shall apply to all amendments, corrections and additions heretofore, now, or hereafter made. (Ord. 715, 4-28-1969)

This Code consists of all of the regulatory and penal ordinances and certain of the administrative ordinances of the City, codified pursuant to California Government Code sections 50022.1 through 50022.10. (Ord. 715, 4-28-1969)

In the construction of this Code and of all ordinances of the City, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the City Council or the context clearly requires otherwise:

CITY: The words "the City" or "this City" shall be construed as if followed by the words "of El Segundo".

COMPUTATION OF TIME: The time in which any act provided by law is to be done is computed by excluding the first day and including the last, unless the last day is a holiday and then it is also excluded.

COUNCIL: Whenever the word "Council" is used in this Code, it means the City Council of El Segundo.

COUNTY: The words "the County" or "this County" mean the County of Los Angeles.

DAY: The period of time between any midnight and the midnight following.

DAYTIME, NIGHTTIME: "Daytime" is the period of time between sunrise and sunset. "Nighttime" is the period of time between sunset and sunrise.

GENDER: The masculine "gender" includes the feminine and neuter.

IN THE CITY: Means and includes all territory over which the City now has, or shall hereafter acquire, jurisdiction for the exercise of its police powers or other regulatory powers.

JOINT AUTHORITY: All words giving a "joint authority" to three (3) or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.

MONTH: A calendar month.

NUMBER: The singular "number" includes the plural, and the plural the singular.

OATH: "Oath" includes an affirmation.

OFFICERS, DEPARTMENTS, BOARDS, COMMISSIONS, EMPLOYEES: Officers, departments, boards, commissions, and employees referred to in this Code shall mean officers, departments, boards, commissions, and employees of the City, unless the context clearly indicates otherwise.

OFFICIAL TIME: Whenever certain hours are named in this Code, they mean Pacific Standard Time or daylight-saving time, as may be in current use in the City.

OR, AND: "Or" may be read "and", and "and" may be read "or", if the sense requires it.

OWNER: Applied to a building or land, includes any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or of a part of such building or land.

PERSON: Includes any person, firm, association, organization, partnership, business trust, corporation or company.

PERSONAL PROPERTY: Includes every species of property, except "real property", as defined in this Section.

PRECEDING, FOLLOWING: The words "preceding" and "following" mean next before and next after, respectively.

PROCESS: Includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature.

PROPERTY: Includes real and personal property.

REAL PROPERTY: Includes lands, tenements and hereditaments.

SHALL, MAY: "Shall" is mandatory and "may" is permissive.

SIGNATURE OR SUBSCRIPTION BY MARK: "Signature" or "subscription" includes a mark when the signer or subscriber cannot write, such signer's or subscriber's name being written near the mark by a witness who writes his own name near the signer's or subscriber's name; but, a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two (2) witnesses so sign their own names thereto.

STATE: The words "the State" or "this State" mean the State of California.

TENANT OR OCCUPANT: Applied to a building or land, shall include any person holding a written or an oral lease of, or who occupies the whole or a part of such building or land, either alone or with others.

TENSES: The present "tense" includes the past and future tenses, and the future includes the present.

WEEK: A "week" consists of seven (7) consecutive days.

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.

YEAR: A calendar year, except where otherwise provided. (Ord. 715, 4-28-1969)

Title, 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, chapter or section hereof. (Ord. 715, 4-28-1969)

The repeal provided for in this Chapter shall not affect any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of this City Code; nor shall such repeal affect any ordinance or resolution promising or guaranteeing the payment of money for the City or authorizing the issue of any bonds of the City or any evidence of the City's indebtedness, or any contract or obligation assumed by the City; nor shall such repeal affect the administrative ordinances or resolutions of the City Council not in conflict or inconsistent with the provisions of this Code; nor shall it affect the annual tax levy; nor shall it affect any right or franchise conferred by ordinance or resolution of the City on any person or corporation; nor shall it affect any ordinance relating to the salaries of City officers or employees; nor shall it affect any ordinance annexing territory to the City; nor shall it affect any ordinance naming, opening, accepting or vacating streets or alleys in the City; nor shall it affect any ordinance relating to zoning; nor shall it affect any ordinance relating to State employees' retirement contracts; nor shall it affect any ordinance establishing special and general City funds; nor shall it affect any prosecution, suit or proceeding pending or any judgment rendered on or prior to the effective date of this City Code. (Ord. 715, 4-28-1969; amd. 2000 Code)

If any section, subsection, sentence, clause, phrase, portion, or part of this Code is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Code. The City Council hereby declares that it would have adopted this Code and each section, subsection, sentence, clause, phrase, part, or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases, parts, or portions be declared invalid or unconstitutional. (Ord. 715, 4-28-1969)