Hawaiian Gardens Municipal Code Ch. 1.04 General Provisions

The following words and phrases whenever used in the ordinances of the City of Hawaiian Gardens, California, shall be construed as defined in this section unless from the context a different meaning is intended or unless different meaning is specifically defined and more particularly directed to the use of such words or phrases:

City means the City of Hawaiian Gardens, California, or the area within the territorial limits of the City of Hawaiian Gardens, California, and such territory outside of the City over which the City has jurisdiction or control by virtue of any constitutional or statutory provision;

City Administrator means the City Manager;

Computation of time means the time within which an act is to be done. It shall be computed by excluding the first day and including the last day, and if the last day be Sunday or a legal holiday, that day shall be excluded;

Council means the City Council of the City of Hawaiian Gardens, California. "All its members" or "all Councilmembers" mean the total number of Councilmembers provided by the general laws of the State of California;

County means the County of Los Angeles, California;

Goods includes wares or merchandise;

Law denotes applicable Federal law, the constitution and statutes of the State of California, the ordinances of the City of Hawaiian Gardens, and when appropriate, any and all rules and regulations which may be promulgated thereunder;

May is permissive;

Month means a calendar month;

Must and shall. Each is mandatory;

Oath shall be construed to include an affirmation or declaration in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed";

Operate includes carry on, keep, conduct or maintain;

Ordinance means a law of the City; provided that a temporary or special law, administrative action, order or directive, may be in the form of a resolution;

Owner applied to a building or land includes any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety, of the whole or a part of such building or land;

Person means 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;

Personal property includes money, goods, chattels, things in action and evidences of debt;

Preceding and following mean next before and next after, respectively;

Property includes real and personal property;

Real property includes lands, tenements and hereditaments;

Sale includes any sale, exchange, barter or offer for sale;

Sidewalk means that portion of a street between the curb line and the adjacent property line intended for the use of pedestrians;

State means the State of California;

Street includes all streets, highways, avenues, lanes, alleys, courts, places, squares, 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;

Tenant and occupant applied to a building or land, includes any person who occupies whole or a part of such building or land, whether alone or with others;

Title of office.Use of the title of any officer, employee, board or commission means that officer, employee, department, board or commission of the City;

Written includes printed, typewritten, mimeographed or multigraphed;

Year means a calendar year.

All words and phrases shall be construed and understood according to the common and approved usage of the language; but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning.

When an act is required by an ordinance of the same being such that it may be done as well by an agent as by the principal, such requirement shall be construed as to include all such acts performed by an authorized agent.

(Ord. 542 § 2, 2012; Ord. 141 § 1, 1974; Prior Code §§ 1323, 1324, 1325)

The following grammatical rules shall apply in the ordinances of the City:

A. Gender. The masculine gender includes the feminine and neuter 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 manifestly inapplicable;

D. Use of words and phrases. Words and phrases not specifically defined shall be construed according to the context and approved usage of the language.

(Ord. 141 § 2, 1974)

Whenever in the ordinances of the City 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.

(Ord. 141 § 3, 1974)

The provisions of the ordinances of the City and all proceedings under them are to be construed with a view to affect their objects and to promote justice.

(Ord. 141 § 4, 1974)

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

(Ord. 141 § 5, 1974)

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.

(Prior Code § 1305)

Whenever a reference is made to any portion of this Code, or to any ordinances of this City, the reference applies to all amendments and additions now or hereafter made.

(Prior Code § 1306)

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 the United States mail in a sealed envelope, postage prepaid, addressed to such person to be notified, at his/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. Service by mail shall be deemed to have been completed at the time of deposit in the post office.

(Prior Code § 1307)

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.

(Prior Code § 1308)

Whenever in this Code or in any ordinance, statute, or other matter which is adopted by reference, unless the context requires otherwise the following references shall be given the following meanings:

A. County of Los Angeles shall mean the City;

B. Board of Supervisors shall mean the City Council of the City;

C. Unincorporated territory shall mean the incorporated territory of the City;

D. County shall mean the City;

E. County officer shall mean the appropriate or designated officer of the City.

(Prior Code § 1326)

The City Council shall have the right to contract with the County pursuant to the laws of the State and the Charter of the County, for the performance and execution by designated County officials of the rights, powers and duties of officers, officials and employees of the City. Whenever in this Code, whether set forth in full or by adoption by reference, any power or authority is granted to an officer, official or employee, the power or authority is conferred upon the appropriate officer, official or employee of the City or the appropriate officer, official, or employee of the County with whom a contract has been entered into.

(Prior Code § 1327)