Fullerton Municipal Code Ch. 1.12 Rules of Construction

(A) Unless specific provisions or the context otherwise require, these general provisions, rules of construction and definitions shall govern the construction of this code.

(B) 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. 650, passed - -1954)

Title, chapter and section headings 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 title, chapter or section of this code.

(Ord. 650, passed - -1954)

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 of control by virtue of the Constitution or any law, or by reason of ownership or control of property.

(Ord. 650, passed - -1954)

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.

(Ord. 650, passed - -1954)

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.

(Ord. 650, passed - -1954)

(A) Writing includes any form of recorded message capable of comprehension by ordinary visual means.

(B) 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.

(Ord. 650, passed - -1954)

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.

(Ord. 650, passed - -1954)

(A) 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 in a U.S. mail receptacle, in a sealed envelope, postage prepaid, addressed to such person to be 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.

(B) Service by mail shall be deemed to have been completed at the time of deposit in such receptacle.

(Ord. 650, passed - -1954; Ord. 2702, passed - -1990)

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 18 years, which shows service in conformity with this code, or other provisions of law applicable to the subject matter concerned.

(Ord. 650, passed - -1954)

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

(Ord. 650, passed - -1954)

The masculine gender includes the feminine and neuter.

(Ord. 650, passed - -1954)

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

(Ord. 650, passed - -1954)

For the purpose of this code, SHALL is mandatory and MAY is permissive.

(Ord. 650, passed - -1954)

For the purpose of this chapter, OATH includes AFFIRMATION.

(Ord. 650, passed - -1954)

For the purpose of this chapter, PERSON includes any person, firm, association, organization, partnership, business trust, company or corporation.

(Ord. 650, passed - -1954)

For the purpose of this chapter, STATE is the State of California.

(Ord. 650, passed - -1954)

For the purpose of this chapter, COUNTY is the County of Orange.

(Ord. 650, passed - -1954)

For the purpose of this chapter, CITY is the City of Fullerton.

(Ord. 650, passed - -1954)

The use of the title of any officer, employee, office or ordinance shall mean such officer, employee, office or ordinance of the city.

(Ord. 650, passed - -1954)

For the purpose of this chapter, COUNCIL is the City Council of the City of Fullerton.

(Ord. 650, passed - -1954)

CITY ADMINISTRATOR, as used in this code, and all other ordinances, resolutions and minute orders of the City Council and all other official documents of the city, means City Manager.

(Ord. 2180, passed - -1977)

The use of the terms FINANCE DIRECTOR, and FINANCE DEPARTMENT in this code, and in all other ordinances, resolutions and minute orders of the City Council, and all other official documents of the city, shall mean Director of Administrative Services, and Administrative Services Department.

(Ord. 2872, passed - -1995)

For the purpose of this chapter, STREET 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.

(Ord. 650, passed - -1954)

For the purpose of this chapter, OWNER, as applied to a building or land, includes any part owner, joint owner, tenant, tenant in common or joint tenant of the whole or a part of such building or land.

(Ord. 650, passed - -1954)

For the purpose of this chapter, TENANT or OCCUPANT, applied to a building or land, includes any person who occupies the whole or part of such building or land, whether alone or with others.

(Ord. 650, passed - -1954)

For the purpose of this chapter, SALE includes any sale, exchange, barter or offer for sale.

(Ord. 650, passed - -1954)

For the purpose of this chapter, GOODS includes wares or merchandise.

(Ord. 650, passed - -1954)

For the purpose of this chapter, OPERATE includes carry on, keep, conduct or maintain.

(Ord. 650, passed - -1954)

(A) To coordinate all related provisions of the law, initiative ordinances are inserted verbatim and given code section numbers. In each case the character of the ordinance is noted and the date of adoption given. This coordination of initiative ordinances with the code does not alter their character as such.

(B) Any violation of the provisions of an initiative ordinance is punishable as provided therein, rather than under the general penal clause of the code.

(Ord. 650, passed - -1954)

Whenever mandatory language such as “shall,” “must,” “will” or similar mandatory language appears in any ordinance or other documents approved by the city or by any of its officers, agents or employees any of which documents are construed as an “enactment” within the meaning of the Cal. Gov’t Code, such mandatory language shall not be construed as creating a mandatory duty within the meaning of Cal. Gov’t Code § 815.6 unless such an intention to establish said mandatory duty is clearly and unequivocally expressed in the language of that enactment. Neither shall any such mandatory language be construed as imposing such a mandatory duty upon the city, its officers, agents or employees.

(Ord. 2578, passed - -1986)