Fresno Municipal Code Art. 2 Definitions and Rules of Construction

The headings of chapters, articles, divisions and sections contained in this Code shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any chapter, article, division or section of the Code.

(Orig. Ord. 4789); Am. Ord. 2007-55, § 4, eff. 9-4-07).

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.

(Orig. Ord. 4789; Am. Ord. 2007-55, § 4, eff. 9-4-07).

(a) In this Code, except for Chapter 12 and Chapter 15, the following order shall be used for classification of provisions: Chapter, Article, Section, Subsection, Subdivision, and subpart with Chapter covering the broadest category and subpart covering the smallest category.

(b) In reading a section number from left to right, the digit or digits to the left of the dash shall designate the chapter number of this Code. The first digit to the right of the dash shall indicate the article number in such chapter, and the two remaining digits the section number within such article; provided, however, that when there are four digits to the right of the dash, the first two digits shall indicate the article number. Figures to the right of a decimal point shall indicate new sections or chapters inserted between existing sections or chapters, as the case may be. The decimal system shall be used in maintaining the numerical order of such sections and chapters.

(Orig. Ord. 4789; Am. Ord. 2007-55, § 4, eff. 9-4-07; Am. Ord. 2015-39, § 5, eff. 1-9-16).

(a) Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section and in other parts of the Code shall govern the construction, meaning, and application of words and phrases used in this Code. The definition of each word or phrase shall constitute, to the extent applicable, the definition of each word or phrase which is derivative from it, or from which it is a derivative, as the case may be.

(b) "City" shall mean the City of Fresno or the area within the territorial city limits of the City of Fresno and such territory outside the city over which the city has jurisdiction or control by virtue of any constitutional or Charter provisions, or any law.

(c) "Council" shall mean the Council of the City of Fresno.

(d) "County" shall mean the County of Fresno.

(e) "May" is permissive.

(f) "Must" and "Shall" are mandatory.

(g) "Person" shall mean 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, and shall include every department of the city and every officer and employee of such department while working in the course and scope of employment.

(Orig. Ord. 1076, Am. Ord. 4789, 1955; Am. Ord. 5311, 1958; Am. Ord. 6007, 1961; Am. Ord. 6028, 1961; Am. Ord. 6515, 1964; Am. Ord. 80-115, § 3, eff. 8-8-80; Am. Ord. 98-66, § 1, eff. 10-1-98; Added Ord. 2007-55, § 4, eff. 9-4-07).

(a) "Gender." Any gender includes the other 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 expressly provided otherwise.

(d) "Uses of words and phrases." Words and phrases used in this Code and not specifically defined shall be construed according to the context and approved usage of the language. The provisions of Sections 13 and 1645 of the Civil Code of the State are hereby adopted in the interpretation of words and phrases, unless otherwise provided herein.

(Orig. Ord. 4789; Am. Ord. 2007-55, § 4, eff. 9-4-07).

Whenever any provision of this Code requires that any person engaging in a business, profession, trade or calling take an examination, or obtain a certificate of registration, post a bond, or pay a fee other than for revenue purposes before engaging in such business, profession, occupation, trade or calling, such provision shall be limited in its application so as not to conflict with any state regulation on the subject if the State regulation is a matter of statewide concern and not a municipal affair.

(Orig. Ord. 4789; Am. Ord. 2007-55, § 4, eff. 9-4-07).

This Code shall refer only to the omission or commission of acts within the territorial limits of the city and to that territory outside this city over which the city has jurisdiction or control by virtue of any constitutional or charter provision, any law, or any agreement.

(Orig. Ord. 4789; Am. Ord. 2007-55, § 4, eff. 9-4-07).

Any reference to an ordinance or the charter in this Code shall mean such ordinance or charter of the City of Fresno.

(Orig. Ord. 4789; Am. Ord. 2007-55, § 4, eff. 9-4-07).

Any reference in this Code to an ordinance or provisions of this Code shall mean such ordinance or provision as now or hereafter amended. Reference to any section of this Code shall be understood to refer to and include the penalty section relating thereto, unless otherwise expressly provided. In case of the amendment of any section of this Code containing provisions for which a penalty is provided in another section, the penalty so provided in such other section shall be held to relate to the section so amended, whether re-enacted in the amendatory ordinance or not, unless such penalty is specifically repealed therein.

(Orig. Ord. 4789; Am. Ord. 2007-55, § 4, eff. 9-4-07).

The provisions of this Code shall not in any manner affect deposits, bonds, policies of insurance 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 this Code, but such reference shall be construed to apply to the corresponding provisions contained within this Code.

(Orig. Ord. 4789; Am. Ord. 2007-55, § 4, eff. 9-4-07).

Whenever in this Code 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.

(Orig. Ord. 4789; Am. Ord. 2007-55, § 4, eff. 9-4-07).

All notices, reports, statements, applications or records required or authorized by this Code shall be made in writing in the English language unless it is expressly provided otherwise.

(Orig. Ord. 4789; Am. Ord. 2007-55, § 4, eff. 9-4-07).

Whenever a notice is required to be given under this Code, unless different provisions herein are otherwise specifically made, the notice may be given either by personal delivery thereof to the person to be notified 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 or other records pertaining to the matter to which such notice is directed. Service by mail shall be deemed to have been completed at the time of deposit in the post office, or any United States mailbox. Proof of giving any notice may be made by the certificate of any officer or employee of this city or by affidavit 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.

(Orig. Ord. 4789; Am. Ord. 2007-55, § 4, eff. 9-4-07).

Whenever an oath, sworn statement, declaration, verification, certification, or affidavit, in writing, of the person making the same (other than a deposition or an oath required to be taken before a specified official other than a notary public), is required to be given under this Code, unless definite provisions are otherwise required, such matter may with like force and effect be evidenced by the unsworn statement, declaration, verification, or certification, in writing, of such person stating the date and place of execution, and which is subscribed by that person and certified or declared by that person to be true "under penalty of perjury."

(Added Ord. 6176, 1962; Am. Ord. 2007-55, § 4, eff. 9-4-07).

Whenever any part of this Code is amended, whether such amendment be by express amendment or by repeal and re-enactment, or by renumbering of a provision, insofar as said amendment is substantially the same as any Code provision previously adopted, relating to the same subject matter, such amendment shall be construed as a restatement and continuation of the previous provision, and not as a new enactment.

(Added Ord. 6914, 1966; Am. Ord. 2007-55, § 4, eff. 9-4-07).

The Code frequently references specific departments, divisions, offices and positions by name. From time to time the City renames departments, divisions, offices and positions. It shall be unnecessary to amend this Code to recognize the name change. Whenever this Code refers to a specific department, division, office or position, that reference shall include any new name of that department, division, office or position. Said department, division, office or position shall retain all the same powers, duties, and obligations, unless otherwise specified.

(Added Ord. 2002-51, § 22, eff. 10-31-02; Am. Ord. 2007-55, § 4, eff. 9-4-07).

(a) Whenever the city requires an individual to provide a signature, an individual who is unable to sign by reason of a disability may satisfy the signature requirement by creating a mark (including use of a signature stamp), the signer's name being written near the mark by a witness who writes his or her own name near the signer's name. If the individual is unable to create a mark they may have another person sign on his or her behalf, by first signing the signer's name, then writing "signed and witnessed by" and his or her name near the signature. Consistent with California Code of Civil Procedure section 17, if the signature is required to serve as a signature to a sworn statement, any signature provided under this section must be witnessed by two individuals. The witnesses may be city employees.

(b) Whenever the city requires that a communication be in writing, whether pursuant to the state or local law, regulation or policy, and a person is unable to write because of a disability, alternative means of communication may be used.

(Added Ord. 2011-6, § 2, eff. 4-10-11).