Fillmore Municipal Code Ch. 1.01 Code Adoption

Pursuant to the provisions of Sections 50022.1—5002.8 and 50022.10 of the Government Code, "Fillmore Municipal Code" as published by Book Publishing Company, Seattle, Washington, is adopted together with those secondary codes adopted therein by reference except those portions of such secondary codes as are deleted or modified by the provisions of the "Fillmore Municipal Code."

(Ord. 402 § 1, 1971)

This code shall be known as the "Fillmore Municipal Code" and reference to it by such name shall be sufficient identification in any prosecution for the violation of any provision thereof or in any other proceeding of any nature. Any ordinance adding to, amending, correcting or repealing all or any part or portion of this code may be designated an addition to, amendment to, correction or repeal of the "Fillmore Municipal Code," and further identification shall not be required. Reference for any purpose may be made to the titles, chapters, sections or subsections of the "Fillmore Municipal Code" and such reference shall apply to such title, chapter, section or subsection as it appears in the code.

(Ord. 402 § 2, 1971)

Unless the context otherwise requires, the following words and phrases used in this code have the meaning and construction given in this section:

(1) "Across" includes along, in or upon;

(2) "City" means the city of Fillmore. When used in a territorial sense, city means the incorporated territory of the city, as it may from time to time exist;

(3) "City council" means the city council of the city of Fillmore;

(4) "Code" means the Fillmore Municipal Code;

(5) "County" means the county of Ventura;

(6) "Ex officio" means by virtue of office;

(7) Gender. The masculine gender includes the feminine and neuter;

(8) "Goods" includes wares and merchandise;

(9) Number. The singular number includes the plural, and the plural includes the singular;

(10) "Oath" includes affirmation;

(11) "Operate" or "engage in" includes carry on, keep, conduct, maintain, or cause to be kept or maintained;

(12) "Owner" when pertaining to the owner of real property includes any owner, whether a sole owner or owner of a joint interest, partnership interest, interest in common, or community interest of husband and wife, and shall also include the owner of any security interest when such owner has the right of control of the property, whether or not such security interest owner has exercised such right;

(13) "Person" means any natural person, or any firm, association, joint venture, joint stock company, partnership, organization, club, company, corporation, business, trust, or the manager, lessee, agent, servant, officer, or employee of any of them;

(14) "Sale" includes any sale, exchange, barter or offer for sale;

(15) "Shall" is mandatory. "May" is permissive;

(16) "State" means the state of California;

(17) "Street" includes all streets, highways, roads, avenues, lanes, alleys, courts, places, squares, curbs, sidewalks, parkways, driveways and parking lots in any manner acquired by the city, county or state of California and open to public use;

(18) "Tenant or occupant" when pertaining to a building or land shall include any person who occupies the whole or part of such building or land, whether alone or with others;

(19) Tenses. The present tense includes the past and future tenses, and the future tense includes the present tense;

(20) Title of office. The use of the title of any officer, employee, department, board or commission means that officer, employee, department, board or commission of the city.

(Ord. 396 § 1, 1970)

Whenever a reference is made to the "Fillmore Municipal Code" or to any portion thereof, or to any ordinance of the city of Fillmore, California, to the extent the context permits, the reference shall apply to all amendments, corrections and additions heretofore now or hereafter made.

(Ord. 402 § 3, 1971)

Title, chapter and section headings contained in the "Fillmore Municipal Code" or in this chapter shall not govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any title, chapter or section.

(Ord. 402 § 4, 1971)

The code consists of all of the regulatory and penal ordinances and certain of the administrative ordinances codified pursuant to Government Code Sections 50022.1—50022.8 and 50022.10.

(Ord. 402 § 5, 1971)

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

(1) Gender. Any gender includes the other genders;

(2) Singular and Plural. The singular number includes the plural and the plural includes the singular;

(3) Tenses. Words used in the present tense include the past and the future tenses and vice versa.

(Ord. 402 § 6, 1971)

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.

(Ord. 402 § 7, 1971)

The provisions of this code shall not in any manner affect deposits or other matters of record which refer to, or are otherwise connected with ordinances which are therein specifically designated by number or otherwise and which are included within the code, but such reference shall be construed to apply to the corresponding provisions contained within this code.

(Ord. 402 § 8, 1971)

Neither the adoption of this code nor the repeal of amendments hereby of any ordinance or part or portion of any ordinance of the city shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license, fee or penalty at said effective date due and unpaid under such ordinances, nor be construed as affecting any of the provisions of such ordinances relating to the collection of any such license, fee, or penalty, on the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof required to be posted, filed or deposited pursuant to any ordinance, and all rights and obligations thereunder appertaining shall continue in full force and effect. Neither the adoption of this code nor of any subsequent city ordinance shall effect the amortization of any nonconforming land use, and for the purposes of such amortization and abatement, any superseded ordinance shall remain in effect unless the superseding ordinance changes the city land use regulations in such a way that the use in question is no longer a nonconforming use.

(Ord. 402 § 9, 1971)

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

(Ord. 402 § 10, 1971)

All general ordinances of the city not included in this code or excluded from the operation and effect of this section are repealed.

(Ord. 402 § 11, 1971)

Ordinances numbered 398 and higher are excluded from the operation and effect of Section 1.01.120. All special ordinances of the city governing the following subject matter, whether contained in whole or in part within this code, are excluded from the operation and effect of Section 1.01.120 and are not affected by the repeal provisions hereof: annexations, franchises, naming roads, streets and public places acquisition or disposal of public property, vacation of streets, alleys, or public ways, acceptance of any gift, devise, license or other benefit. The foregoing enumeration of exceptions or exclusions shall not be deemed to be exclusive or exhaustive since it is the intent and purpose of this section to exclude from repeal all ordinances not of a general nature.

(Ord. 402 § 12, 1971)

If any section, subsection, sentence, clause or phrase of this code is for any reason held to be invalid or unconstitutional, such holding shall not affect the validity of the remaining portions of this code. The council declares that it would have passed this code, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases had been declared invalid or unconstitutional, and if for any reason this code should be declared invalid or unconstitutional, then the original ordinance or ordinances shall be in full force and effect.

(Ord. 402 § 13, 1971)

This chapter shall take effect and be enforced on June 10, 1971, and shall by May 26, 1970, be published once in the Fillmore Herald, a newspaper of general circulation, printed and published in the city, together with the names of the members of the city council voting for and against the same.

(Ord. 402 § 14, 1971)