Gustine Municipal Code Ch. 2 Definitions and Rules of Construction

The following definitions and rules of construction shall apply to this Code and to all ordinances unless the context requires otherwise:

Generally. When provisions conflict, the specific shall prevail over the general. All provisions shall be liberally construed so that the intent of the city council may be effectuated. Words and phrases shall be construed according to the common and approved usage of the language, but technical words, technical phrases and words and phrases that have acquired peculiar and appropriate meanings in law shall be construed according to such meanings. This Code shall be interpreted and applied so as to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare.

City. The term "city" means the City of Gustine, Merced County, California.

City council, council. The terms "city council" and "council" mean the city council of the City of Gustine, California.

Code. The term "Code" means the Gustine, California Municipal Code, as designated in section 1-1-1.

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.

State Law reference— Similar provisions, Government Code § 6800.

Conjunctions. In a provision involving two or more items, conditions, provisions or events, which items, conditions, provisions or events are connected by the conjunction "and," "or" or "either…or," the conjunction shall be interpreted as follows:

(1) "And" indicates that all the connected terms, conditions, provisions or events apply.

(2) "Or" indicates that the connected terms, conditions, provisions or events apply singly or in any combination.

(3) "Either…or" indicates that the connected terms, conditions, provisions or events apply singly but not in combination.

County. The term "county" means Merced County, California.

Delegation of authority. A provision that authorizes or requires a city officer or city employee to perform an act or make a decision authorizes such officer or employee to act or make a decision through subordinates.

Director of public works, street superintendent. The terms "director of public works" and "street superintendent" are synonymous.

Gender. Words of one gender include all other genders.

Health department. The term "health department" means the county health department.

Health officer. The term "health officer" means the county health officer.

Includes. The term "includes" does not limit a term to a specified example.

In the city. The term "in the city" means all territory within the city limits and all territory outside of the city over which the city has jurisdiction.

Joint authority. Words giving a joint authority to three or more persons give such authority to a majority of such persons.

State Law reference— Similar provisions, Civil Code § 12.

May. The term "may" is to be construed as being permissive and not mandatory.

State Law reference— Similar provisions, Government Code § 14.

Month. The term "month" means a calendar month.

Must. The term "must" is to be construed as being mandatory.

State Law reference— Similar provisions, Government Code § 6804.

Number. Terms in the singular include the plural. Terms in the plural include the singular.

State Law reference— Similar provisions, Government Code § 13.

Oath. A solemn affirmation is the equivalent to an oath, and a person shall be deemed to have sworn if such person makes such an affirmation.

State Law reference— Similar provisions, Government Code § 15.

Officers, departments, etc. References to officers, departments, board, commissions or employees are to city officers, city departments, city boards, city commissions and city employees.

Owner. The term "owner," as applied to property, includes any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or part of such property.

Person. The term "person" means any human being, any governmental or political subdivision or public agency, any public or private corporation, any partnership, any firm, association or other organization, any receiver, trustee, assignee, agent, or other legal representative of any of the foregoing or any other legal entity.

State Law reference— Similar provisions, Government Code § 17.

Personal property. The term "personal property" means any property other than real property.

Premises. The term "premises," as applied to real property, includes land and structures.

Property. The term "property" includes real property, personal property and mixed property.

Public place. The term "public place" includes any street, sidewalk, park, cemetery, school yard, body of water or watercourse, public conveyance, or any place for the sale of merchandise, public accommodation or amusement.

Real property. The term "real property" includes lands, tenements and hereditaments.

Shall. The term "shall" is to be construed as being mandatory.

Sidewalk. The term "sidewalk" means that portion of the street between the curbline and the adjacent property line intended for the use of pedestrians.

Signature or subscription by mark. The term "signature" or "subscription" include a mark when the signer or subscriber can not 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 witnesses so sign their own names thereto.

State Law reference— Similar provisions, Government Code § 16.

State. The term "state" means the State of California.

Street. The term "street" includes any alley, avenue, boulevard, lane, road, highway, viaduct or other public thoroughfare dedicated and open to public use as such.

Tenant or occupant. The terms "tenant and "occupant, as applied to premises include any person holding a written or oral lease, or who actually occupies the whole or any part of such premises, alone or with others.

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

State Law reference— Similar provisions, Government Code § 11.

Week. The term "week" means a period of seven consecutive days.

State Law reference— Similar provisions, Government Code § 6805.

Writing. The term "writing" includes any form of recorded message capable of comprehension by ordinary visual means.

Year. The term "year" means a calendar year.

State Law reference— Similar provisions, Government Code § 68031.

(Code 1966, §§ 1-3.06, 1-3.07, 1-3.13)

(a) The catchlines of the several sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the section and are not titles of such sections, or of any part of the section, nor unless expressly so provided shall they be so deemed when any such section, including the catchline, is amended or reenacted.

(b) A history note appearing in parenthesis after a section in this Code indicates the legislative history and is a declaration by the city council that the section to which the history note applies is a restatement or reenactment of an original ordinance or amendment thereof. Cross references and state law references that appear in this Code after sections or subsections or that otherwise appear in footnote form are provided for the convenience of the user of the Code and have no legal effect.

(Code 1966, § 1-3.04)

Except as otherwise provided, this Code applies within the city limits and to such other territory over which the city has jurisdiction.

(Code 1966, § 1-3.06)

The sections, subsections, paragraphs, sentences, clauses and phrases of this Code and all provisions adopted by reference in this Code are severable so that if any section, subsection, paragraph, sentence, clause and phrase of this Code or of any provision adopted by reference in this Code is declared unconstitutional or invalid by a valid judgment of a court of competent jurisdiction, such judgment shall not affect the validity of any other section, subsection, paragraph, sentence, clause and phrase of this Code or of any provision adopted by reference in this Code, for the council declares that it is its intent that it would have enacted this Code and all provisions adopted by reference in this Code without such invalid or unconstitutional provisions.

(Code 1966, § 1-1.06)

(a) Unless specifically provided otherwise, the repeal of an ordinance does not revive any previously repealed ordinance.

(b) The repeal or amendment of an ordinance does not affect any punishment or penalty incurred before the repeal took effect, nor does such repeal or amendment affect any suit, prosecution or proceeding pending at the time of the amendment or repeal.